prospective marriage visa please help.

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prospective marriage visa please help.


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Old 01-18-2011, 04:52 PM
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Unhappy prospective marriage visa please help.

hi i went to australia in november 2008 on a working holiday visa, my then employer tried to sponser me to stay working for him but immigration refused it (i still dont know why) so we put in for an appeal with mrt. in the end it went on for so long, my employer got nasty with me so i finished working for him and the appeal got cancelled. i had to come back to uk in september 2010. my fiance is still in aus and is a citizen there, im pregnant and due any day now. we want to get married but not sure where is best to get married aus or uk??? he comes over to uk in feb for 3weeks for the birth of our baby. i was advised to apply for a prospective marrige visa as it is a better visa to go for and quicker. i really want to get a migration expert to help us with forms. but they are just so expensive! im very down as all i want is to be with my fiance in oz so we can be a proper family. does anyone have any advice they can give me????


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Old 01-18-2011, 10:51 PM
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You could apply for either a PMV or get organised to get married when he arrives over there and apply for a partner visa, best to have the application organised and submit just after the birth as soon as you have the birth certificate.

Putting in the partner application after the marriage could be less complicated in that it is just the one application whereas with the PMV you then have to marry and as they can take a while to be approved, I expect your fiance if only staying for three weeks will be long back in Australia and so that would mean marrying out here or if you and mum etc. want it in the UK, he'd need to go back and either way, once married you then apply for the partner visa.
Putting in a PMV could speed things up though your fiance also needs to supply you with his sponsorship application and you'll likely be waiting I expect until after birth to do the medical and apparently it takes about 7 weeks in the UK to get the penal clearance certificate, not that they need submitting immediately.

The only danger with putting in a partner application is though married, a grant is not necessarily guaranteed as they also expect to see evidence of a relationship together and not so apart, even though you'll have a child and have been engaged for sometime I imagine.
It is a tricky one for on one hand there are the regulations and the provision for some variances will see COs prepared to stretch things so far even if commonsense is that a relationship exists. No CO wants a boot up the backside because someone more senior is going to say WTF!
On the other hand the CAQ you will find under the family visas/partner eligibility relationship requirement heading/link does give an example of a temporary separation within 12 months and that's for a defacto relationship so if you have good evidence of the relationship when in Australia you kind of fit in with that and so being married and having a baby ought to be bonus points for getting a visa granted - you'd think.

So summing up:
PMV - less uncertainty - double application - dearer - could be quicker and less of a rush to get married - marriage potentially in Australia or another trip/cost for groom.

Get married/Partner Visa - Groom OK?/Shock for him and mum! - Bit of a rush while pregnant and post birth, but marriage in UK - Some uncertainty though should be OK with good evidence/time-line presentation - Cheaper - all done, no second application other than for PR when due and if your relationship can be shown to be longer than two years at time of application, a slim chance of PR granted.

Whatever you decide on doing if you put an application in before birth, get the baby included ASAP after so he/she is in on the same visa application and of course you'll need a passport for junior.
You could get your police check underway now and also get your fiance to check with Immi here in Australia for as a sponsor where a child is involved, even his own, he may still have to get a police clearance here, just the way the regulations are.

Fiance should get his sponsor application done and send to you or take it with him and if you genrally follow the Checklist in the Applying section of Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100) and read up on everything including Booklet #1 you should be able to handle it yourself.

Best wishes for you, your fiance and baby.

Edit: It is probably best to wait a while before travelling with the baby and you'll probably be able to find some references with an online search to radiation exposure of high altitude across equator flights but also check with your medical people, so when you are ready to fly may be close to when a visa will be granted.
But if it still looks a way off, and you want to go earlier, then you could always consider eVisas as an interim and then do a trip across to New Zealand or wherever to have the partner or PMV visa granted.
btw, check out www.airasia.com for cheap one way flights ex Stansted to KL and on to Oz.





Last edited by Wanderer; 01-18-2011 at 10:59 PM.

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