2 questions - Partner visa

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2 questions - Partner visa


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Old 02-09-2011, 03:04 AM
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2 questions - Partner visa

Dear all,

Two questions:

Can somebody with a student visa marry a PR in OZ, and then apply for Partner Visa immediately, and wait for the decision inside OZ on a Bridging visa, if the student visa expires? Would it be a problem that the student and the PR lived at the same address since the student entered OZ? or would living together be actually better?

Can an offshore spouse visa application be lodged, and both the sponsor (PR) and the applicant (partner) be living offshore together while the decision is made on the partner visa?.... or does the PR have to be physically in australia during and offshore partner visa application (and hence separated from the spouse), in order to have chances of success?

Thanks for any opinions!


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Old 02-09-2011, 07:07 AM
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Hi,

To answer your first question, yes, you can marry and lodge a partner visa application onshore. The applicant will be given a bridging visa when their current visa expires to allow them to stay onshore. BUT, the applicant should make sure there is no "no further stay" condition on the visa. If this exists, an offshore application is the only option.

Living together as a couple is a huge requirement for the visa. Couples who are not living together at the time have a very difficult time proving they are a real couple because Australian couples usually live together whether or not they are married.

Secondly, an offshore application can be lodged. Usually, the couple should be living together at the time. If they don't live together they will have to prove that it is only a temporary seperation.

You need to look at the DIAC site and read the relevant information more carefully, or call or visit DIAC to get more information.


Last edited by aussiegirl; 02-09-2011 at 07:10 AM.

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Old 02-09-2011, 01:27 PM
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Further to what aussiegirl has posted, marriage alone is no guarantee of a partner visa application being accepted and so as for applying immediately, you really need to have at least a six month residential relationship together and have appropriate evidence as suggested in Booklet #1.
A bridging visa is normally issued from expiry of one visa until a decision is made on the one being applied for, it being rejected and you'll have a nominal 28 days to appeal, apply for a differnt visa if eligible or depart Australia.

For an offshore application there is also a requirement with a PR that they are usually resident in Australia and so that does in itself create something of a difficulty.
Recent months have seen one post by a PR re an offshore partner visa application being refused because the PR had not really established residence in Australia and another post where a PR had allegedly found that three months was to be accepted for the sponsor to be separated for the purposes of setting up residence before an application was made.
That application did appear to be having some problems from what was posted.





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Old 02-09-2011, 04:42 PM
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Thank you Aussiegirl and Wanderer

Thank you both for the responses.

I was wondering, would it be a problem that the student and the PR lived at the same address since the student entered OZ? or would living together be actually better?

For example, they get married after 5 months of living together in OZ, and apply for the Partner visa onshore on month 6. Would this be acceptable (I know you cant say for sure, I am just wondering your educated opinions on the situation... )

From what I understand you have to live together, but that time does not have to be necessarily married, right? (i.e., you could be living together, say, 6 months, then get married and immediately apply for the Spouse visa, right?.

If the PR has to be present in Australia for an offshore partner visa to be lodged and be successful, this option necessarily implies that the couple has to be separated during the duration of the application, right? (because the partner would have to wait overseas until the outcome of the application).

Actually, could a couple get married, apply for an offshore partner visa, and then the spouse be with the partner in OZ under a different visa for 5 months(for example a student or tourist visa), and then leave australia and wait for the remainder of the processing time until the decision on the application is made?....I am wondering if once there is marriage involved, a student visa would be difficult to obtain, or even impossible, forcing the couple to be separated.... any thoughts?

Thank you very much for the info and comments, they are GREATLY appreciated.


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Old 02-10-2011, 12:22 AM
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You have already asked at the start re
Quote:
I was wondering, would it be a problem that the student and the PR lived at the same address since the student entered OZ? or would living together be actually better?
And it is one and the same and yes, I'd expect that in getting married, they would be looking for a six months relationship altogether but then getting married and applying immediately after there is always the " marriage of convenience " issue that may be examined.
As for offshore applications, yes, some people do consider applying for an interim visa, not always granted mind you and being married is not necessarily a blocker to a student visa but as with all visas, there are eligibility requirements.





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