Tricky situation, applying for PMV - advice?

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Tricky situation, applying for PMV - advice?


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Old 01-28-2011, 05:37 AM
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Arrow Tricky situation, applying for PMV - advice?

Hi all.

Just a quick overview - I'm 26, from Scotland and have lived in Australia for 4 years now (2 on a WHV and 2 as a de-facto on a 457 Business Visa)
I moved out here with my partner whom I'd been with for almost 8 years. Last year I met and fell in love with an Aussie guy and as a result, my partner and I seperated last month after I told him this. The reason I didn't seperate with him immediately is that I wasn't sure if it was what I wanted and I was scared of breaking off such a long standing relationship.....

Obviously because I was on my ex-partner's visa, I'm no longer entitled to stay in Australia and have subsequently written a letter to DIAC informing them of the change in circumstances (awaiting reply). My new boyfriend and I are flying to NZ next month and will apply for a 300 Prospective Marriage Visa but we're just unsure on how long to wait before submitting.
Now we have many photos together (and will be taking some over the next month in Brisbane, Cairns, Sydney and Auckland as well as photos from Ayers Rock and Alice Springs) 4 flight bookings together, a joint bank account, are about to get written statements from friends and family and are looking into wedding venues etc. which I'm assuming is enough evidence.

By the time we get to NZ we will have 'officially' been together 2 months - should we maybe wait another 2-3 before applying? Is this necessary as we would like to be back for xmas since both our families would like us to be there this year and I read that these visas are taking around 5-10 months to be processed.

I'm thinking it might be a difficult case as I was on ex's visa and now I'm suddenly applying for a PMV with someone else


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Old 01-28-2011, 09:45 AM
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Well having been on the ex's visa will not be so much of an issue other than that I'd do a little more to sort out your situation re how you'll stand with Immi and entry to NZ for NZ usually require you to have an outward flight to a country you have a right of entry to and in your current situation Immi may well issue you with a Bridging visa just to cover you until you leave Australia, they normally giving you 28 days though in some cases they will give you the opportunity to first put forward reasoning why they should mot rescind your visa.
If they put you on a Bridging Visa, that will likely not give you the right to re-enter that NZ would require, their only departure for that being with longer term arrivals such as if you got a WHV for there.
If you're not contemplating that, you may want to see if you can apply for an onshore visitor visa while effectively still on the 457 [ if you are! ].

As for how you go on getting the PMV, I do not know that they have a minimum relationship requirement but they will likely take into account how long you have known oneanother but not in regard to having the prior relationship for these things do happen and you may just get a Kiwi as a CO who is happy enough to accept this rather whirlwind romance and support where it is intended to head.

Also, if you are only thinking of staying in NZ because of waiting for the PMV and if you would like to be back here [ what about new guy's work? ] you may want to consider seeing a travel agent while there to get an ETA AND flying back once the PMV application has been submitted, there being a small risk that you could be refused entry if they felt you were not an authentic visitor but seeing as you'll need to leave again to have the PMV granted, you are in effect a visitor.
The other thing you will need to do is put in a Form 1022 to let the NZ Immi people know that you're going back to Oz and hopefully they will be in contact when a visa grant is about to be made.
The ETAs do not have a No Further Stay condition on them and so if you need to stay longer you could put in for an onshore visitor visa before the initial three months stay allowed runs out.
You'll need to update your police checks if you have been back to the UK since last one and at least get one for Australia plus likely a new medical for the PMV, so all that to get in order too.
Getting a tourist visa now if you can and then getting all that in order will at least allow you to get more time together and that at least will look better for the PMV application.





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Old 01-29-2011, 12:52 AM
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Hi Wanderer

Thanks for your reply!

When I found out that the PMV processing time is between 5-10 months I thought I should apply for a NZ WHV for 12 months, that way we are not on a time limit there and get to spend some time checking out the country and saving some money at the same time - trying to view it as an adventure rather than being forced to leave.

I posted my letter to DIAC on Mon 18th Jan confiming the seperation and asking them if I could have an extension onto the standard 28 days (an extra 4 weeks) but so far have not had a reply and until I get one, we cannot book my partners flights, can't really apply for jobs as we don't have a definate date for arriving in NZ and can't let our families know when we will be visiting them before flying out. I'm in 2 minds whether to call them or not because I do want to drag this out for as long as possible so we don't have to change our flights and incurr a charge but at the same time, would like to be out of limbo and know what's happening and when

So the plan is not to leave NZ at any point until I'm granted the PMV - therefore there shouldn't be any problems with NZ immigration?

It is rather unfortunate that it has to be done offshore as we both had good jobs here at supervisory level. My ex-partner and I were only just 3 weeks away from being able to apply for PR through the 457 visa, having worked very remote for the compulsory 2 years - so I hope they consider that as proof that I'm not just getting married to stay in Australia..............

My police checks from Scotland were done on 12th May last year and since I've not been back since - I'm assuming they will be fine to send with this application. My medicals were done in March last year so probably will need to get them done again

Thinking of submitting June, so we will have known each other since March 2010 and officially been together since January this year, hoping that will be adequate for them. It sounds a bit trivial but my Mum has been through a traumatic divorce last year and spent xmas/NY alone and I vowed not to let her spent another alone, so ideally we will be back in Australia by then.

Do I still fill out form 1022 and can I download that from the NZ immigration site?


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Old 01-29-2011, 05:09 AM
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So when you say we both had good jobs you're referring to you and the ex are you or you and the new partner and has he decided to throw his job in has he and so not too concerned about staying in NZ a while longer.

If that is the case, the best way I feel for you to have some certainty over making airline bookings, not being rejected from boarding and for you to work there would be to apply now for a WHV and you have up to a year in which to enter NZ just like with the Oz ones.

Alternately, if your new guy still has a job and wants to keep it, I'd be considering seeing how you go seeking a tourist visa onshore online right now if you can or if you have to visit an office, do it tomorrow.

Better still, if you still have a job or have just recently finished and they would have considered sponsoring you PR, is there a possibility of they sponsoring you on a 457 and if so you could do that before your 457 secondary visa ceases and you may still have time before it officially does.

Even if that meant you were to be separated from your new guy for a bit because of work commitments or in fact if he was leaving his job anyway, that may have some good advantages for you for if your new guy gets new work near wherever remote was, you could get partner time up for a partner visa without even leaving Oz and be closer for your mum.

But if you're set on going to NZ and getting a WHV and if you have evidence of having known oneanother from March last year, that's far less whirlwind and you ought to consider applying for the PMV as soon as you are ready and need not wait until June so that way you ought to get it well before Xmas this year.

The 1022, you'll only need to use if you were thinking of coming back to Oz before you got the PMV and that's from the Oz site, here - Application Forms – Numerical List – 1000 to 1381





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Old 01-29-2011, 05:40 AM
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Well both I guess - ex is Assistant Manager at the 5* hotel here and boyfriend is currently Acting Manager in the retail department. I secured a job as the recruitment coordinator for the resort without any experience or qualifications and doubt I can get something like that again and because I was only in that job for 2 months, there is no option for sponsorship.
Unfortunately the company is due to be sold next month and the ex and I lost our sponsorship agreement (something to do with the ASCO codes changing last year) so my ex has to leave as well.

I already applied for my NZ WHV and it was granted after some mucking around (because I've lived in Australia for 4 years I didn't meet the requirements but luckily went back to the UK last year and could prove it)
So we're actually scheduled to fly to Auckland on March 15th, providing DIAC let me stay that long.
The furthest back piece of evidence we have of contact is our phonecalls/texts to each other beginning last September but because I was still on my ex's visa, doesn't this look bad?
I would love to submit as soon as we get there but don't want to get declined just for being impatient.

We are getting a reputable agent to help us with the app since it's not particularly straightforward.
So you think it's possibly safe to submit shortly after arriving in NZ? Say 4 weeks? (Mid-April) then we will have been together officially 3 months.........

Thanks for the advice, appreciated.


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Old 01-29-2011, 11:37 AM
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Yep, for a PMV, shouldn't be a problem and do not talk yourself into having a complicated situation for you have done the right thing by letting Immi know of the situation and there's a good chance I'd reckon that you'll have until March 15 before you have to leave or to be sure, still think about going online to see if you can get an onshore tourist visa and if it gets granted, they'll hardly cancel it on you if they know you have plans for leaving.
The PMV is relatively straightforward and you'll just have to have the correct documentation and have a tentative date set up to marry within nine months of the PMV grant so you could even see a celibrant or minister depending on what you think you'll plan to do and book a date for about March next year or whatever, couple of months later and depending on where and you could have some great Autumn leaves colouring and usually nice fine weather can be counted on for Autumn.
The Celebrant/Minister will have you fill in the form for a Notice of Intent to Marry and give you something as evidence of that.
Have a look at the eligibility section for the PMV and use the Checklist and you shouldn't really have a problem, your former relationship not really coming into it and you can save yourself more than a few bob on an agent.





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