prospective marriage visa woes

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prospective marriage visa woes

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Old 02-22-2011, 11:05 AM
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prospective marriage visa woes

Hi all,

I was directed to this forum by another friend who is in the immigration process and so hopefully someone can shed some light.

I am an australian, engaged to a swiss man. we currently live in Switzerland, but come march my permit will run out here. we are just about to lodge the PMV application in the Berlin office and through research and talking to those who had done it before we were given the idea that in most cases it was done quite quickly, most had theirs within 6 weeks - 3 months max, the longer ones usually requiring more info to be sent etc. Let it be known that we are aware it is stated it is expected to take 5-10 months, 5 for a low risk country like switzerland.

However we found yesterday on a different site a lot of people claiming to have had to wait up to 3 months just to be assigned a case officer in Berlin! then being told they will likely have to wait over 5 months even if from a low risk country...

this has thrown us in a bit of a spin. While we are aware plenty of couple do the long distance thing this is really something we want to avoid if we can.

some suggestions made have been as follows

go to aust on a tourist visa, get married, get bridging visa and apply for the partner visa. This doesn't seem to be 100% 'the right way' considering the tourist visa is based on the fact you dont intend on staying. Yet it seems a LOT of people have done this

our other suggestion was

go and stay with family or friends in another country where we can both be based on the premises of travel while we wait for the PMV to process. But we haven't been able to find any info on if this is actually possible or not. We would still apply through Berlin with him being a resident in Switzerland, but just wouldnt be in switzerland....

has anyone had a similar experience of knows what the options are?

another thing that has been suggested, but we have had conflicting information is that once my permit runs out for switzerland i can still be in the schengen for 90 days based on a schengen visa. some agents have said this is fine, others have said this is not okay... does anyone have any idea??

thanks for any help/advice or direction you can give

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Old 02-22-2011, 11:44 AM
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I think some people bullshit how long they had to wait to get visa. I have been waiting since August 2010 but expect decision very soon. Was told 9 months average waiting time depending on the case; some longer & some shorter. From what I can work out if you are straight forward & follow everything as is suggested then eventually things should work out. I think that these immigration people are always looking out for smartarses who think they can beat the system. The interview situation probably finds out those who they think are trying to outsmart them. It's very very difficult to wait and wait and wait but that is the way it is. Good luck.

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Old 02-22-2011, 01:35 PM
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Well, I'm not too sure on how much BS gets posted re visa processing times but if we believe all posts it can vary significantly between less than a month to more than a year, the longer times usually associated with the high risk countries and that is consistent with Immi advice which also mentions the more than a few reasons why there can be variations.
With all things being equal as far as quality of application and a clear concise yet complete and accurate application can be well viewed, the one thing that will determine just how long one is waiting for a CO and for processing will merely be the number of people applying at the time in a particular location and then how close the total global number is trending towards the annual Immi budgetted number.

But back to your questions and there can be some risks involved in someone arriving on a visitor visa and having a differnt intent and I have put a sticky thread up recently titled " Offshore/Onshore Visas " so have a read there, but yes people may decide to visit on a visa that does not have No Further Stay condition and the apply for a partner visa to get a bridging visa.

As for the Schengen idea, it was up until a few years ago that Switzerland was not signed up to the Schengen Agreement and so you could use Switzerland as some sort of a haven as you can still with the UK or Ireland and Eastern European countries though Switzerland are now and so it is gone as a haven.
Australians and a few other countries do not actually need a Schengen visa but the Schengen agreement principle of being able to stay 90 days within a 180 day period still applies.
You can read the details @ Europe: Entry Requirements : Schengen Convention - Australian Department of Foreign Affairs and Trade Travel Bulletin and How Long Can I Stay in Europe on a Schengen Visa? , the second article mentioning overstaying.
I do not know how many people are flaunting or are just not abiding of the 90 in 180 day rule because of ignorance but I can imagine there are still people doing so and have read in the past of many people claiming to do so as part of the Grand European tour or Gap Year wander about or whatever and I can imagine different countries attitudes varying as much as what side of bed did an Immi officer fall out of but collectively the EU is shooting their tourism foot off by such a restriction and they probably realise it.
People ignoring the rule is probably what those saying you can mean, possibly because they are ignorant of the rule themselves.

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Old 02-24-2011, 09:54 AM
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Unfortunately processing times seem to be veeery long everywhere now, even if Berlin used to belong to the very fast ones (they made my PMV in 2008 in about 6 weeks even if I'm from Eastern Europe!!!). And they wouldn't process it any faster onshore, either (rather the opposite).

How long have you been living together? What about getting married in Switzerland, and check whether that would make you eligible for staying there until they would process and offshore partner visa?

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