Defacto/Fiance visa - help please

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Defacto/Fiance visa - help please


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Old 01-18-2011, 07:41 PM
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Defacto/Fiance visa - help please

Stumbled accross this forum - fantastic work guys

Me - British, living in London, about to graduate from a BSc (hons) Physiotherapy

My Fiance - Australian, living in Aus, owns a farm with his Father

We met 4 years ago while I was visiting friends in Australia on a 4 week holiday. Since then he has visited me in London 5 times but never for more than 6 weeks as he is unable to leave the farm for any longer (sheep to feed, crops to grow). I have been back to visit him 4 times, but due to my Uni course, never for more than a month a time. We spend every Christmas with each other's families, have attended family weddings together and when apart email/talk daily. I plan to move out to Aus to be with him in June, after I graduate (subj to visas)

We got engaged this Christmas, but I do not want to immigrate via a fiance visa as then we only have 9 months to marry. The thing is, I am preparing for final uni exams, we are house hunting, I am looking to register as a physio out there and look for a job, I will be starting a whole new life and do not want to rush the wedding, we plan to marry in Aug 2012.

We have not lived together for more than a month at a time and therefore have no bills in both our names. We only recently opened a joint bank account ready to buy a house together. I do not want to go out on a tourist visa for a year as I will not be able to work as a physio for more than 3 months at a time, and with only one local hospital (country town) I will quickly run out of options. I hear skilled immigration takes 18 months to process, and I won't have the work experience they require.

Do you think I will be accepted with a partner visa? We have photos, friends and families statements, emails, plane tickets, gift receipts, cards and invites etc. But we cannot live together until I get a partner visa and we may not be able to get a partner visa until we live together!

Any thoughts, comments or advice much appreciated


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Old 01-18-2011, 11:17 PM
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It's great to read a post where someone is obviously putting quite a bit of thought and planning into their intention Vicky.
Just linking http://www.australiaforum.com/visas-...ease-help.html as I have just put some comments and the link in there for you even though Sarah's situation is different.
What is common however is that you obviously have a relationship but unfortunately I doubt with as it is you would see it being accepted with how the regulations are.

I'd suggest however that you should not discount the WHV too quickly for it is six months now with an employer you can do and not three months.
How far away is the next country town? and it's nothing really in Australia for some people to drive 50 km. to 100 km. in daily commuting, quite easily done in the country with little traffic and not hitting Roos the main concern.
Sheep and Crops nearly sounds like WA or SA though also could be western Vic or NSW and if it's NSW or Victoria, there's what is called relationship registration legislation that means you do not need the 12 months relationship for a defacto visa.
If you are heading to SA or WA, probably pay to check those states at some stage for eventually they too could have the state legislation passed.

Even if it's not , by the time you graduate and get organised to come out, a 12 months WHV will get you close to August 2012 and you may even be able to be doing three months regional seasonal work on the farm or another or doing some WWOOF Australia Official Website and so get a second WHV, taking you well past August 2012 and giving you plenty of time to marry and later put in the partner visa.





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Old 01-19-2011, 08:02 AM
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Thank you very much for the really informative feedback Wanderer. We will be in WA. To Oz! - no worries, the point about WHV-Partner is very interesting

I am approching 30 so am not really excited about the WHV as I want to start my career, not jolly around different jobs, I have been doing that long enough, plus we want to buy a house in the next few months and so I wanted a steady employment. Sounds like we don't always get what we want??? I will definately think about this further.

I am sure you get asked this all the time, will it make a difference if we get married before applying?

Is comming over on a fiance visa (and then getting married within 9 months) the more expensive route, as I understand that then it is applying for two visas, another once married. I will take this into account because registering as a physio is going to cost in the region of $9,000 so I am beginning to count the pennies!

So in summary -
As it stands a partner visa is very unlikely.
A WHV is a good option to consider - with drawbacks professionally.
A fiance visa may be the best option for me if I get married within 9 months?
Would I be eligible for the fiance visa or is that a years living together too?

Sorry, I think I am covering old ground now because I am so confused!


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Old 01-19-2011, 11:57 AM
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If you get married Vicki and then apply for a partner visa, that is going to be cheaper if you do it in England but you then also stand the risk of the visa still being refused even though you have known oneanother quite a long time because the test for a relationship is you having resided together and even if married they'll be looking for perhaps six months together.
So that would probably mean for you heading to Australia on a WHV still and do apply before you are older than 30 or that option is gone or you get an ETA which will not have a No Further Stay condition on it, but it means you cannot work and would have to get married and apply earlier, still the risk as above.
So in summary:
Yes, Yes, and Yes and Yes, you do not need the relationship as in 12 months for the PMV.

How, may I ask is it going to cost you $9000 to register as a Physio?
Seems incredibly expensive! and do the Oz mob require you to do an assessment course or something?
A little digressing
btw, one of the best ever Physios I ever had work on me was an old chap who was basically self taught and had been a trainer of one of our top level professional football [ AFL - The official site of the Australian Football League - AFL.com.au ] teams for many years.
He had long retired, worked out of the back of a Chemist shop in a shoe box size space with just enough room for a table behind a curtain and anybody who knew anybody about soft tissue injuries in Melbourne would have known of the magic of Bill Mitchell and I had been referred to him by the then head trainer of the Football Club.
A couple of references to the I expect long departed Bill Mitchell are on the net.
Austadiums.com :: Forum • View topic - The Age Landmarks: Lake Oval
Col Murray : Palmer Higgs Books Online, for self published books
Bill himself truly believed he had a gift from God as he say whilst examining you and within a matter of seconds could analyse what even Doctors could not see, even with the aid of Xraying.
Well it only took a matter of seconds for him to find something protuding I gather from a joint in the rear of my pelvic bone and barely less than a minute to resurrect me from walking with a severe lean and barely able to bend to being straight again, even if it did take a few months of tenderness to fully heal.
I was able to confirm the diagnosis many years later with a near re-occurrence and finding a Chiropractor [ also recommended ] who knew how to read Xrays and tell me to not put my wallet in my back pocket or use the typical Aussie bar stance of one foot forward, both good for putting a twist in the pelvic structure that the spine then needs to cope with.
I certainly look back and agree Bill had some sort of a gift.

So if you get the chance to practice on some AFL players playing on hard WA grounds, with some knowledge and good sensing hands you might develop a gift too!





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Old 01-19-2011, 12:45 PM
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So in summary -
As it stands a partner visa is very unlikely.
A WHV is a good option to consider - with drawbacks professionally.
A fiance visa may be the best option for me if I get married within 9 months?
Would I be eligible for the fiance visa or is that a years living together too?



I myself am 26 and am done skipping around professionally too, but you're right, I may have to just suck it up for a year until we get bearings, contacts, and a network in AUS. At least we'll be able to work. I'm also a little hesitant to rush into the Prospective Marriage visa because in addition to putting together the visa application you have to plan a wedding as well. I'd most def rather wait, especially if I were you and looking for grounding with the physio stuff. Will you guys be close to NSW? If so I can stick my nose out with my bf's family and friends and see what they know.

Cheers!


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Old 01-19-2011, 01:00 PM
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WA and NSW are opposite sides of the country, a bit like NY and California apart.





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Old 01-19-2011, 04:54 PM
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PMV it is then - I have spent the last couple of days completing paperwork/forms etc and issuing orders on the phone for my partner to do the same! Final Uni exams, looking for a job, registering as a physio, buying a house, moving across the world AND planning a wedding pfft no worries!

Thank you so much for the direction and advice. A very minor question - do the 4 passport photos have to be the same image of me? I have a couple of odd ones lying around, can I use them?

Registering as a physio is another NIGHTMARE that I am attempting to battle. FYI - Aus physios can turn up to the UK and start working the same day, no worries. Us Brits going to Aus is a different matter. As it stands I need:
An initial assessment $990
Written assessment $1,540
3 x practical exams $1,100 EACH
This takes 18 months so in the meantime I will get a limited registration $500
Then I need to register with APHRA $500
Then with study days and travelling for the exams the costs just rocket!

Thanks for the anecdotes on Bill Mitchell - I will look up the stories on line - could be useful info for interviews - discussing the works of an Aussie physio - plus my interest is sports.

I will definately keep checking out the forum, I have literally lived on here this week, I will update you on how it goes and answer anyone else's questions as and when I can with all my new knowledge!


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Old 01-19-2011, 05:25 PM
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Also, Wanderer,

How goes it with medicals/chest x-rays and police clearance/criminal records?
Am I right in thinking that I don't do these until a CO asks? Will they definately ask this for a PMV? In that case should I get on to it now? I think the immi website tells me to hold fire, but I want the application process to be as efficient as possible.

Ok, I think that just about covers it :0)


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Old 01-20-2011, 12:30 AM
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I'd reckon to save any hiccups Vicky I'd get your four photos the same, there being photo booths out here you can pop into and they actually spit out a sheet with four passport size photos or they do the same in some photo shops, maybe the same over there.

And yes, some people decide on doing their medical up front and that can be OK though danger is if there was a delay in processing, you could be doing it again but it would have to be a huge delay and maybe get your application in and then book a medical so if you are doing it a couple of months later, it'll be close to matching when you could have a CO asking for it.
The advantage of leaving it until later [ and it may not delay when you're ready to go ] is that there's more chance of you not being asked for another when you submit the partner visa once married.
The PCC I've read in the UK can take about seven weeks to get so again get your application in and a request for that you could submit now too.
And yes, for the PMV you'll need both.

Phew, that's some process they put you through for a Physio registration but it is a little similar to getting accredited for Medical Imaging and much more onerous for doctors but easier for nurses.





Last edited by Wanderer; 01-20-2011 at 12:34 AM.

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