PMV to Partner 820 when to apply?

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PMV to Partner 820 when to apply?


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Old 07-16-2011, 05:57 AM
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PMV to Partner 820 when to apply?

We just got our PMV Subclass 300 approved (yay ) but now a bit confused about what to do next. I know we get married and have to apply for the Partner 820, but I have looked through the information booklet and know what I have to provide (ie. joint things financial/household etc) but my concern is when do we apply for it, straight after marriage or do we need to wait a certain period of time to get all those "joint" proof items? Reading the information in the book it seems like they want long term proof - we can't get a joint home loan (I currently have a mortgage but in my own name), I looked into getting joint bills but all the companies (electricity, gas, phone) only want a a primary account holder and don't put them in joint names. How do we provide proof, are there any others out there who applied soon after marriage and had little proof? thanks

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Last edited by KandK; 07-16-2011 at 06:01 AM.

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Old 07-16-2011, 06:12 AM
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Hi and welcome. Congrats on getting the visa

No matter when you get married, you HAVE to apply for the Partner visa before the prospective marriage visa expires (within 9 months of entering Australia). If you get married on your 2nd month in Australia, you can wait till the end of the 9 months to apply for the visa - so you'll have lots of time to gather the right evidence.

With the joint housing, are you both going to live together in Australia. Just tell your gas, electricity, water, ect...that you want your partner's name on the bills, they should be able to do it. But don't forget other evidence (letters sent to the same address, for exmaple). I don't think the companies would say "no we won't put your patner's name on the bill", let them know that you NEED it.

I sponsored my husband on a partner visa, we applied July 12th (4 days after we got married) but we had relationship proof of living together since July 2010.

You've probably already read it, but I'll give you the link to the migration book anyway. Read pages 40,41 again:
http://www.immi.gov.au/allforms/booklets/1127.pdf

All the best

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Old 07-16-2011, 11:54 PM
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Hi KandK

I'm in the same boat (my partner is currently here on a PMV).

You can apply within a couple weeks of getting married (ie as soon as you have your marriage certificate). You do not need to wait a certain time before applying for spouse visa, as a) you have already proved in your PMV that your relationship is genuine & continuing and b) the PMV only gives you a very limited time, you literally do not have time to build a lot of hard evidence of living together & they would understand that for cultural reasons that many couples would not have lived together even after arriving in Australia & before getting married.

Supply them with all the evidence you gave for the PMV app, plus your marriage certificate. You can also have a joint bank account (supply the letter from bank with details). Add a letter from bank confirming your partner is a secondary card holder on your credit card. When your partner arrives & they apply for a TFN -- ring up & have yourself listed as an authorised contact. Have your partner listed as your beneficiary on your superannuation account.

Also (for Sarah too!), I know there ARE companies who won't list other people on the bills account, and they are within their rights too if its their policy. I have this issue also -- as I own my home & all utilities are issued by the body corp, they will only issue bills in my name as the owner. I am getting around this by mentioning in the stat dec, and including as evidence written correspondence (emails) between myself & company requesting for my partners name to be included, and their response & reasons why they can't.

Another reason you may not want to delay the app til the very end of the 9 months validity of your PMV, is because your partner is not eligible to enrol in Medicare until that spouse visa app goes in... also it will limit the time your partner spends on a bridging time (which as soon as they go on it will limit things like international travel).

cheers

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Old 07-17-2011, 03:16 AM
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This is all good information KandK.

The only thing I would advise is that for the Partner visa, even if you arrived on a PMV, the relationship evidence is very important. It's still necessary to cover the four areas:
Financial
Nature of the household
Nature of commitment
Social context

Also, you said the PMV only gives you limited time..... I don't think 9 months is limited at all, just a side comment. Also if you are not living with your partner it really has to be because you CANNOT because of strict cultural/legal reasons. It can't just be "because we prefered not to", but I'm sure that's what you meant KandK.

Quote:
Originally Posted by theskyisblue View Post
You can apply within a couple weeks of getting married (ie as soon as you have your marriage certificate). You do not need to wait a certain time before applying for spouse visa, as a) you have already proved in your PMV that your relationship is genuine & continuing and b) the PMV only gives you a very limited time, you literally do not have time to build a lot of hard evidence of living together & they would understand that for cultural reasons that many couples would not have lived together even after arriving in Australia & before getting married.

Supply them with all the evidence you gave for the PMV app, plus your marriage certificate. You can also have a joint bank account (supply the letter from bank with details). Add a letter from bank confirming your partner is a secondary card holder on your credit card. When your partner arrives & they apply for a TFN -- ring up & have yourself listed as an authorised contact. Have your partner listed as your beneficiary on your superannuation account.

Another reason you may not want to delay the app til the very end of the 9 months validity of your PMV, is because your partner is not eligible to enrol in Medicare until that spouse visa app goes in... also it will limit the time your partner spends on a bridging time (which as soon as they go on it will limit things like international travel).

cheers


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Old 07-17-2011, 05:15 AM
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theskyisblue thank you, that was very helpful and SarahM the comment you made "Also, you said the PMV only gives you limited time..... I don't think 9 months is limited at all, just a side comment. " what I originally meant was say your wedding date is 6 months after date of visa grant then that leaves three months to get together all the info required to put in a strong partner app, so I was implying three months isn't long to get supporting docs. Clear as mud, right I think I need to start a new thread, our situation is just getting more complicated

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Old 07-17-2011, 07:03 AM
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Even if you get married 6 months into your PMV, that does not mean that you have 3 months to sort out EVERYTHING

For example, you can start organising the partner visa application as soon as you arrive in Aus: you print out the forms, you start getting people to do statutory declarations, you start finding receipts/plane itineraries/tickets/things you did together, you start collecting photos, you get birth certificates, you get official documents translated, you open bank accounts, you write out your statements....
...there's so much you can do and by the time you get married the only thing left to do is to add some photos, sign the papers (because if you say you are married you should date the signatures after the wedding) and gather the last documents.

You can have almost the WHOLE application ready before you get married. I know this because that's what my husband and I did, we spent around 5 months preparing the application then we got married and 4 days later we put in our visa application.

It's not as if you don't have joint documents until you get married: you can have joint bank accounts and a joint tenancy/lease agreement before you get married - so that's why I'm saying that you don't wait until you get married to collect these things.

Trust me, your situation is not that complicated You came the right way on a PMV but others take harder routes. I know you'll be fine

Quote:
Originally Posted by KandK View Post
theskyisblue thank you, that was very helpful and SarahM the comment you made "Also, you said the PMV only gives you limited time..... I don't think 9 months is limited at all, just a side comment. " what I originally meant was say your wedding date is 6 months after date of visa grant then that leaves three months to get together all the info required to put in a strong partner app, so I was implying three months isn't long to get supporting docs. Clear as mud, right I think I need to start a new thread, our situation is just getting more complicated

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Last edited by SarahM; 07-17-2011 at 07:08 AM.

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Old 07-17-2011, 11:14 AM
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hi Sarah

Just a quick comment -- the 9 months is actually quite limiting.... Remember that the 9 months PMV begins at date of GRANT, not date of entry -- once approved it might take people a couple months just to finish up at home & organise the logistics of their move, then several months to organise wedding etc (if you don't want a rush job), that might only leave a couple months before the having to apply for the spouse app before the PMV runs out.
for example: January -- grant; March -- arrival; July -- wedding; September -- app for spouse. Its limited for sure!!

Also, I think its untrue that DIAC expect you to be living with your fiance before marriage unless its for strict cultural/legal reasons. After marriage, yes, but beforehand? No. It helps with evidence for sure, but they can't penalise you for not living together before marriage.



Quote:
Originally Posted by SarahM View Post
Also, you said the PMV only gives you limited time..... I don't think 9 months is limited at all, just a side comment. Also if you are not living with your partner it really has to be because you CANNOT because of strict cultural/legal reasons. It can't just be "because we prefered not to", but I'm sure that's what you meant KandK.

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Old 07-17-2011, 11:34 AM
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theskyisblue - ok, so maybe 9 months can go quickly. That's a shame though because there's still a lot of evidence to collect, but it just means that they have to start preparing the evidence early (even before coming to Australia).

You said "Also, I think its untrue that DIAC expect you to be living with your fiance before marriage unless its for strict cultural/legal reasons. After marriage, yes, but beforehand? No. It helps with evidence for sure, but they can't penalise you for not living together before marriage."

--- I understand that cultural/legal reasons can cause a couple not to live together, but when there are no cultural/legal reasons and they are not living together this can seriously go against them for the visa.
I'm just saying that you really do need to have a compelling reason, or else you will weaken your application, that's obvious.


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Old 07-17-2011, 01:11 PM
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Sarah, I'm sorry but I absolutely 100% disagree with that statement. Not correct. NOWHERE in the guidelines that a couple should be living together before marriage. Not everyone in Australia even does this, ie live in a defacto-type relationship before marriage! They CANNOT penalise you for not living together before marriage when you're on PMV -- otherwise they'd write in the conditions on the approval letter etc. DIAC recognise the fact that couples on PMV may have only lived together for a limited time (ie couple months or less) before submitting their spouse visa. Otherwise would they not give us more time, ie 12 months validity or more to be able to get in those months habitating together? Not possible for most people in 9 months from grant.

Afterall, we have no idea when our PMV's are going to be approved in the first place (especially for high risk countries) -- it could take someone 4 or more months to be organised to move to Australia after approval, which gives you less than 5 months to organise a wedding, get married & live together!

This is not a defacto couple applying for a spouse visa. Its a fiance couple on PMV applying for spouse visa. Different set of circumstances. DIAC get that.



Quote:
Originally Posted by SarahM View Post
--- I understand that cultural/legal reasons can cause a couple not to live together, but when there are no cultural/legal reasons and they are not living together this can seriously go against them for the visa.
I'm just saying that you really do need to have a compelling reason, or else you will weaken your application, that's obvious.

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Old 07-17-2011, 02:09 PM
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Look. Let's not get angry. I was more referring to living together as husband and wife.
Some cultural reasons may force one of them to stay in a hotel, for example, or even with a relative, but otherwise they would most probably move in together after marriage unless for some special circumstance. I never implied that living together was a requirement for the visa.

All I meant to say was if you can't justify your situation then it might affect how the CO views the relationship ---- there could be HEAPS of reasons for a married couple not to be living together - that's fine I just mean that if you don't explain your situation your case will be weaker. Whatever the reason is the couple is not living together, as long as it is explained and logical then that would be fine.

I'm definately not saying that the applicant will not get granted the visa just for not living together, obviously the most important factor is the genuine and ongoing relationship. Although I am genuinely confused as to how you go about collected the Nature of the Household evidence if not living together.


Quote:
Originally Posted by theskyisblue View Post
Sarah, I'm sorry but I absolutely 100% disagree with that statement. Not correct. NOWHERE in the guidelines that a couple should be living together before marriage. Not everyone in Australia even does this, ie live in a defacto-type relationship before marriage! They CANNOT penalise you for not living together before marriage when you're on PMV -- otherwise they'd write in the conditions on the approval letter etc. DIAC recognise the fact that couples on PMV may have only lived together for a limited time (ie couple months or less) before submitting their spouse visa. Otherwise would they not give us more time, ie 12 months validity or more to be able to get in those months habitating together? Not possible for most people in 9 months from grant.

Afterall, we have no idea when our PMV's are going to be approved in the first place (especially for high risk countries) -- it could take someone 4 or more months to be organised to move to Australia after approval, which gives you less than 5 months to organise a wedding, get married & live together!

This is not a defacto couple applying for a spouse visa. Its a fiance couple on PMV applying for spouse visa. Different set of circumstances. DIAC get that.


Last edited by SarahM; 07-17-2011 at 02:44 PM.

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