marriage here or there?

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marriage here or there?


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Old 03-30-2011, 05:11 AM
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marriage here or there?

Hi all. Nice to know there are many others out there trying to grapple with the complexities of immigration laws in OZ!
I have a question too.
I am Australian born and bred and my partner is French and living in Paris at the moment. He intends on moving to OZ in August so we can finally reside together. We plan to get married at some point but just deciding if a marriage in France or in OZ will make the spousal visa process smoother or easier?
And if he enters OZ under a tourist visa and soon after his arrival we will have the wedding (if not already done in France) and then apply for spousal visa.. We have opened a joint bank account, and are keeping all emails and holiday flights etc so far.. So my main question is just about if it makes a difference in we marry in France (his home) or in OZ (my home) to then intend on getting spousal visa in OZ.. Any advice?
Thanks! Danie


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Old 03-30-2011, 06:47 AM
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Hi there,

First of all, you should consider the issues discussed on this sticky:

http://www.australiaforum.com/visas-...ing-visas.html

Although people do come out to Oz on tourist visas, get married and apply onshore, you would be doing so at a risk of being questioned by DIAC or airport customs as to your intentions for travelling to Australia and possibly getting the visitor visa refused.

Also, if the come on a tourist visa and apply onshore, the bridging visa that would be issued while the application is being processed will grant the same rights as the current visa i.e. the applicant will not be able to work. There a wait for onshore visas of up to 9 months or more, so you have to consider whether you can support your partner for that long, and if she is willing to sit around doing nothing.

You can go the PMV way, and get married within 9 months of arriving in Australia before you lodge a spouse visa onshore. Or, you could marry in France and apply as a married couple straight away.

If I were you, I'd get married at a registry, apply for a spouse visa in France and get to Australia where you can have a big ceremony. Or, have two ceremonies if you like But in the end, the decision is for you and you partner.


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Old 03-30-2011, 11:08 PM
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I agree, applying for the PMV is the best way to go.

This is what I am doing at the moment. I'm UK and he's an Aussie, you do not have to get married in Australia, it can be anywhere (we're going back to the UK for it)


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Old 03-31-2011, 06:34 AM
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Thanks for this advice, I will check those discussions.
And with the PMV, what is the regulations on the visa that my partner gets when he arrives from France to OZ? I will be in France in July for 3 weeks then have to get back here for work. He is intending to follow me back here a few weeks later or possibly with me on the same flight. Will he be entitled to work under this PMV?


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Old 03-31-2011, 07:06 AM
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And if the PMV is applied for, how long may it take to hear any news back if it is granted or not?
I am going through immigration website but not finding that kind of info..
THanks


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Old 03-31-2011, 07:52 AM
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It is good that you are considering the PMV, especially if you are not residing together for a significant length of time [~ 6 months ] as just getting married does not mean a partner visa is to be guaranteed, a long way from it on fact.

You can get an idea on processing times from Client Service Charter though also note there that times can vary somewhat and towards end of financial years, the number already granted can also see grants put on hold.
If you think 6 months from date of application, that ought to be somewhere near the mark.
He will be able to look for work when he arrives on a PMV
He [ and you ] ought to read up on all details via Family - Visas & Immigration including all links to see what is involved in making an application, a bit of commitment to a paperwork slog required and nothing like first hand info.

I doubt that he will have a visa by July and say if he had an application ready during April, it could well be October or November before processing to a grant or earlier rejection and yes many visa applications do get rejected annually so do not attempt to cut corners.
It is likely that there will not be a CO assigned for 2-3 months though it could be earlier and that also varies, dependent on staffing/workload .

If he wanted to come on out whilst waiting for the visa to be processed, some people do that but then it means a trip out to have the visa granted.
As for Happy 1979 and
Quote:
I agree, applying for the PMV is the best way to go.
This is what I am doing at the moment. I'm UK and he's an Aussie, you do not have to get married in Australia, it can be anywhere (we're going back to the UK for it)
You can do that but you do have to enter Australia first or you could elect to get married after applying for the PMV but before it was granted and then the PMV would be considered as a partner visa but again you can still have relationship requirements to be met [ that you may not meet ]

Is he young enough [ up to 30 ] to get a Working Holiday visa for if so, he can get one of those extra quick [ like same day ] and so with 12 months or even longer if he does regional work to get a second WHV, you could get married and have ample time together to then apply for a partner visa here.





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