RSMS visa - Adding fiancee to application

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RSMS visa - Adding fiancee to application


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Old 04-08-2011, 11:13 AM
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RSMS visa - Adding fiancee to application

Hi,

My employers will soon be puting in an application for an offshore RSMS visa as we are based in a regional area. They and I fulfil all the criteria required to apply however I have a few questions.

I am on a bridging visa for the past 1.5yr ( applied for my visa subclass 885 in August 2009). I have been in a distant relationship for the past 2yrs to a girl based in the Middle East. I recently got engaged to her when I went down to India in Dec 2010. I have known her for the past 10yrs but the friendship became serious when met in India 2yrs back. since then we have been keeping in constant touch via email/chat/phone. We have decided to get civil & Church married in Dec 2011. Wedding preparations are in full swing at the moment. We support each other emotionally but not financially as she is a Manager in the middle east as is earning almost the same as I do (more than $50k a year)

Now, I'd like to know if i would be able to add her name to my application as my fiancee when I put in my application for an RSMS OR should I go down to India, get civilly married and then put in both names on the application OR wait till Dec, get married and then add her name to the application. I am aware I can add her name to the application ONLY if my RSMS visa is still being processed and not after the visa is granted.

If I am able to add her name to the application as my fiancee, what documents would I require to prove that she is my fiancee. I dont want to wait to get my PR & then bring her this on a spouse visa OR bring her to Australia on a tourist visa after our marriage. These will be my last options though.

Thank you in anticipation.


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Old 04-08-2011, 01:04 PM
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You will see that the eligibility for a partner to be a secondary applicant means spouse or defacto partner and even when married, just getting married will not alone make a spouse eligible for Immi expect there to have been a marriage relationship, nominally six months existing.
I would think that you could be setting yourself up for failure with even your own application if you attempt to add your fiance as a secondary applicant and the same even if married.

You are probably better off to get your own PR and then have your fiance apply for a Prospective Marriage Visa.
That may not fall in with the plans you hope for but you really do need to take the Immi regulations into account for they do not get moulded to suit individual cases.





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Old 04-08-2011, 02:57 PM
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Thank you for your reply. I will surely keep that in mind when applying.

In other words, I will have to apply for a Prospective Marriage Visa even though I will be legally married in India by Dec.

Getting a prospective marriage visa would then involve providing evidence that arrangements have been made in Australia for the wedding, including venue, date and confirmation from the celebrant, Provide supporting documentation of the relationship.

So I guess, applying and getting a Prospective visa is just a way to prove that my wedding in Dec has not been not a farce.

I think I will get in touch with a migration agent as its getting too complicated for me.


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Old 04-09-2011, 01:21 AM
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Hi,

Yes, I will take the immigration regulations into account but am just trying to explore and satisfy myself that I have done my best. My fiancee wants me in the middle east but I want her here
Also, just to clarify, that my marriage has not been arranged. I have known this girl for over 10yrs now, we studied together in university. The relationship started when we were both in India for a holiday and we continued the rel'ship online. I do have evidence that we met in 2009, have emails, photographs, chats, phone calls lists, friends congratulatory message on Facebook to prove that the relship has been ongoing and the engagement in Dec 2010 is genuine.

By the way, is it an unwritten rule that the definition of a spouse is someone you have been in a marriage relationship for at least "6months" ? I have tried searching on the immi website but couldnt find this meaning. The definition I found of Spouse is "A person is the spouse of another person if they are in a married relationship." I am aware that there are instances where people do get married solely for Visa purposes and then get divorced after attaining the visa and the immi dept is very cautious bout it.

Thank you for taking the time to advise & guide me!


Last edited by alfredv; 04-09-2011 at 01:29 AM.

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Old 04-10-2011, 08:50 PM
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Pmv

Hi

This is almost same case as mine. I recently got pr. I wish to bring my fiance` in november this year. I know her more than for 7 years. But I am in relationship with her about 2.5 years. I have lot of proof in terms of photographs, messages, emails, telephone bills, joint bank accounts, purchase proof of some expensive jewellery for her, etc. Now confussion is that how much complicated this visa is? whether it is more complicated than partner's visa which we can apply after marriage.

what is processing time? if visa is not processed till november whether she can apply for tourist visa during processing time.

What I have to show immi dept that case is genuine (what more proof they require or prefer)

Any other options?



thanks


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Old 04-11-2011, 08:12 AM
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Hi Wanderer, I got another 2 questions for you

As I have mentioned in the beginning of this thread that I am currently on a Bridging Visa A as I have applied for my visa subclass 885, in august 2009. Unfortunately, I come under category 4 and I understand that its a long wait ahead.

I have read the Employer Sponsored Migration booklet (1131.pdf) and I would like some clarifications.

a) "A bridging visa is not a substantive or qualifying visa. If you have held a bridging visa for more than 28 days since the expiry of your last substantive visa, you should apply for an offshore visa." (pg 6 of the booklet)

Since I am on a bridging visa, does this mean that I would need to apply for an Offshore RSMS visa??

b) If I am eligible for the above (Offshore RSMS visa), would I still have the right to remain in the country on my current bridging visa OR do I leave the country for a couple of days just before the visa is granted OR do I have to leave the country permanently and only come back when the RSMS visa is granted. ?

I went to a migration agent but she wanted me to apply for an onshore RSMS visa but when I questioned her about an off shore visa, she tried to confuse me and gave me these 2 options
- Get permanent residence and then sponsor wife on a Spouse Visa ( this is a valid option, which you too have suggested and I agree)
- Leave Australia when your current visa expires, lodge an offshore RSMS and include your wife and wait offshore until decision made. She also asked me to see if my employer could get someone temporary while i am off shore and wait for a decision. (She knows that I am on a bridging visa)


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