Which Visa? Australian with Cambodian partner

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Which Visa? Australian with Cambodian partner

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Old 02-28-2011, 01:52 AM
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Which Visa? Australian with Cambodian partner

Firstly I apologise if this has been covered before, however I couldnt find the answers I am looking for.

I am Australian, my partner is Cambodian. We met while I was volunteering in Cambodia 12 months ago, and have maintained a relationship since. I am 33, he is 31 (neither of us have children or problems with health or police clearance)

Once it became apparent it would be a long term relationship, we opened a joint bank account in Cambodia, and I send him money regularly for some expenses and to save (he also contributes to the savings account). We have plenty of correspondence and photos together, mutual friends etc.. I visit him for at least a week every few months, and we have also travelled together through SE Asia (he has a passport). He has yet to visit Australia.

From what I can tell... these are our options..

1. Apply for a prospective marriage visa - I will be able to visit him while we are waiting, but he will not be able to visit Australia on a tourist visa while this is pending? - is 12 months long enough for evidence of a relationship and would it increase our chances if he has visited Australia on a tourist visa and returned to Cambodia to show he is respectful of visa requirements? What happens after this is approved and we are married, can I live in Cambodia for a while and still apply for the partner visa, or must we stay in Austrlalia until he has permanent status?

2. Live together for 12 months in cambodia and then apply for a defacto visa - again would I then need to return to Australia and have employment etc organised before I could apply so I can sponsor him - and therefore how would the time apart waiting for the visa to be approved affect the application?

I don't believe there are other options for him such as Skilled worker etc.

Please help and let me know of any options I've overlooked, I don't want to rush the process, but also dont want constant periods of time apart either. I'd like to work and live between both countries, and obviously would like my fiance to be with me!

Last edited by Amok; 02-28-2011 at 02:26 AM.

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Old 02-28-2011, 05:16 AM
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You seem to have studied the regs and summed up your options fairly well.
The PMV is designed for people like yourselves in mind where you have met someone overseas and established that you are committed to pursuing a permanent relationship and are prepared to get married in the future.
The time you have known oneanother is quite adequate to seek a PMV and your trips to spend time together is an indication of your commitment.
He could apply for a tourist visa though Asians can find it difficult at times to get one but if you supply him with a letter outlining your relationship, the support you offer and will offer on his visit, he could be successful but if he is refused a tourist visa and cannot travel here that will not affect the PMV application, or should not.

Following getting a PMV and then marrying and he applying for a partner visa he will be free to travel out and back into Australia and a recent change to the onshore partner visa means that holders of that visa can have PR granted whilst abroad so you could travel back to Cambodia, the length of time you can stay there being up to your Cambodian visa.
If PR is granted overseas, it is possible that he will have a date for re-entry to validate his PR and that is standard practice for PR grants when a person is abroad.

You could go the other route if you can get a Cambodian visa for the 12 months and a bit and it would mean that on applying there, you either stay there and seek an Assurer of Support or alternately you return as soon as the application is in and seek employment and if when a CO addresses your sponsor eligibility you are again working, they will decide whether they still need an AoS or not.

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