Hi everyone, can someone please tell me if i will get a visa.
I have a partner in Melbourne, i have 2 young kids from a previous marriage, i'm 42. My partner is coming here for a month in feb' and i plan to follow him in march/april. i will initially go on a 3 month visitors visa but we intend to get married in that time.
Is it legal? can anyone tell me if there is any other way of doing it?
I would be really, really grateful for some help.
Thanks it's a fantastic site!
Melanie
I think you had better get onto immigration about that one crafty, too many people have taken advantage of the marraige of convenience to get into this country, so the Oz government tightened the laws to stop it.
I have moved your thread to the Immi section of the forum because it is an Immi issue.
The disembarkation card on the plane asks the purpose of your visit and the duration of your intended stay in Australia. How would you propose to answer those questions?
Are you taking your children with you? You say they are young, which I take to mean well under 16? If so, have you considered the implications of the Hague Convention? Please see this link:
Can you satisfy DIAC that your relationship with your OH is suffciently genuine ad solid to entitle you to a Spouse visa? It isn't what you think about this - it is about complying with DIAC's criteria for it
Please read Booklet 1 and the section about Spouse visas on the Immi website.
Thanks gollywobbler and skippy, i have read the hague convention stuff and what isn't double dutch i understand, ie that i need to prove i have the right to take the children who are 4 and 6, out of the country. my ex has given me permission and i will get a letter stating that, it is also in the terms of custody for our divorce.
My relationship with Matt is genuine and it's not for entry to the country, we love each other sooo much and want to make a go of the relationship. which is very difficult long distance and that is the reason for our moving out there.
Any further help would be greatfull
Melanie
Can I please urge you to apply for the spousal visa in advance - because from what I can see the repercussions of not doing so are similar to my North American experiences. I'm an American and my Brit husband came to the US on a holiday visa and we got married. We didn't feel we were being dishonest as we were planning to settle in the UK. We got away with it. Our friends did not. Our brit friend went to marry her fiance in the US and was randomly searched. Immigration found a letter talking about wedding plans and she was immediately sent home. They ended up having to live in Mexico (with him commuting for a year to california for work) she was issued a visa with major restrictions and they now have to live in the UK. Two children and several years later, she still has to get special permission to visit the States and it's limited their options. We have friends in Australia who are in the middle of the same type of mess. Yes, it takes longer and I know I for one felt grilled and humiliated by UK immigration when I had to defend my relationship (we had known each other less than a year when we got married) to get here but I'm glad when we came to the UK we did it legally. Now 11 years down the line - I look back and think how lucky we were that my OH didn't get thrown out of the US before the wedding just because we didn't want the time and expense of the spousal visa. Just my opinion for what it's worth!
thanks for that liz,
i don't suppose you'd have any idea on how long it can take to get a spousal visa? i know it sounds crazy but i just sooo want to be with him.
Have you thought about getting a Prospective Marriage visa? With this you do not have to have been living together, just prove a genuine relationship (where you have both met) and intention to marry. This visa entitles you to come to Australia to be with your partner however you must marry within 9 months. If you are intending to marry this would seem to be a route worth looking at. It will also give you the opportunity to live together here prior to getting married.
Depending on where you are the time scale for approval varies. Ones i have lodged in the UK usually take around 2 - 4 weeks once lodged.
thank you,
yes we are looking into that, the problem is how can we prove our relationship is serious, what kind of evidence do we need etc? can i just come over with that visa, do i need health checks, police checks in place etc and also for my children?
Mel
You would need police checks, medicals etc. There is a list of the type of evidence that these visa's require on the DIAC website, however generally it is proof of trips together, e-mails, telephone calls, photos of you both, the Prospective Marriage is not as strict as the spouse visa as they do not expect you to have lived together. If you would like to go to my website Bird Australian Migration Agency contacts page and pop me a quick e-mail i will provide you with more detailed information on what you can provide.
thanks for that cheryl,
Looked at your page and would be interested in the free assessment of course lol, not sure i can pay the fees just yet though for a proper consultation.
Mel
Will it work? please help!
