Partner visa query

My fiancee and I plan to move to Australia in May 2017 , she has recently had her residency visa renewed and whilst we have researched the visa options for me as partner I'm a little unsure if our planned marriage in November 2016 is the best route. We have been in a relationship for nearly 4 years and have lived together and been engaged since June 2013. My partner declared she was engaged on her RRV application.

Would a change in last name on her passport and getting married in the UK just 6 months before our move result in potential issues when we land. I intended to enter on a tourist visa and immediately apply in Australia for the partner visa. We've ruled out the prospect of applying from the UK as we want to start enjoying life down under as soon as possible.

Any advice would be most appreciated.

My fiancee and I plan to move to Australia in May 2017 , she has recently had her residency visa renewed and whilst we have researched the visa options for me as partner I'm a little unsure if our planned marriage in November 2016 is the best route. We have been in a relationship for nearly 4 years and have lived together and been engaged since June 2013. My partner declared she was engaged on her RRV application.

 

Would a change in last name on her passport and getting married in the UK just 6 months before our move result in potential issues when we land. I intended to enter on a tourist visa and immediately apply in Australia for the partner visa. We've ruled out the prospect of applying from the UK as we want to start enjoying life down under as soon as possible.

 

Any advice would be most appreciated.

Your plan makes no sense to me. You could have applied for the partner visa a long time ago and gone to Australia holding the legitimate visa. Instead you are choosing to flout immigration law? You are not allowed to enter Australia on a tourist visa when your intention is to remain and apply for a partner visa onshore. If your true intentions were discovered you would be refused entry, of course your true intentions might not be discovered in which case you get away with it, but why take this risk when I can see no reason why you ever needed to.

Make life simple. Apply for the partner visa now and move when you have it.

Your plan makes no sense to me. You could have applied for the partner visa a long time ago and gone to Australia holding the legitimate visa. Instead you are choosing to flout immigration law? You are not allowed to enter Australia on a tourist visa when your intention is to remain and apply for a partner visa onshore. If your true intentions were discovered you would be refused entry, of course your true intentions might not be discovered in which case you get away with it, but why take this risk when I can see no reason why you ever needed to.

 

Make life simple. Apply for the partner visa now and move when you have it.

Wow , my first post and I've already received a personal insult!

For the record my partner and I are honest law abiding people. We also don't have the technical/medical ability to determine exactly when a close relative passes away which has largely determined the date for the renewal of my Fiances RRV. Remember there is only 12 months given to use the RRV from the granting date.

Given that the Partner visa option clearly allows you to apply either in the UK or Australia how else do you suggest that my entry into Australia is undertaken if I seek the latter? Maybe I'm missing something here so I'm prepared to be corrected and if we should pursue another route then I'm open to suggestions.

Wow , my first post and I've already received a personal insult!

 

For the record my partner and I are honest law abiding people. We also don't have the technical/medical ability to determine exactly when a close relative passes away which has largely determined the date for the renewal of my Fiances RRV. Remember there is only 12 months given to use the RRV from the granting date.

 

Given that the Partner visa option clearly allows you to apply either in the UK or Australia how else do you suggest that my entry into Australia is undertaken if I seek the latter? Maybe I'm missing something here so I'm prepared to be corrected and if we should pursue another route then I'm open to suggestions.

Can't see any personal insults in there, to be honest. Bungo is just telling it as it is.

Read carefully.......A tourist visa is issued to people with the intention of visiting Australia. If they enter with the intention of staying permanently then technically they are breaking the law. However if they enter with the intention of holidaying,and then decide to stay thats fine.

It is a loophole, a huge loophole. So huge that there are now not enough case officers onshore to deal with all the applications, timelines for Spouse PR from temporary are huge and growing by the day, and some applications are now being outsourced to places like the Philippines.

There is always a chance of DIBP picking on you to interview on entry as to your intentions. Also, depending on which tourist visa you get, there is always the chance of it bearing the No Further Stay condition, in which case you cannot apply onshore for another visa.

Changing her name on her passport won't affect anything, she doesn't even need to change it if she doesn't want to. And getting married won't affect anything either. If she does change her name then she must ensure that she notifies DIBP so tht thenew passport is linked toher PR and her RRV.

If you do apply onshore then your bridging visa will not kick in until your tourist visa has expired.

Thanks for the further info.

I already possess an E-visitor sub class 651 which I used earlier this year and which doesn't expire until August 2017. There are no NFS on this visa. As regular visitors to Oz (3 times a year) I / we have never had any issues with re-entry. My partner also used a 651 this year due to the expiry of her PRV. This had no impact on her PRV renewal.

We wouldn't have any issues with an PV application offshore if the RRV had a 5 year timeline but the revised 12 months timeline is a very narrow time window to pack up your life , businesses, house etc. and with processing time of 15 months plus here in the UK i have no desire to live apart from my fiancee.

Interestingly if i had been questioned on our last visit time I would be have been honest and advised that we were visiting family as well as looking at homes and determining potential areas to live. To an extent that's exactly what we will be doing for the first 2 months or so next year the only difference being we plan this time to settle and whilst this is 99% certain we have to be realistic that there is a very minute chance that we come back hence why we will have returned flights booked. (No brainer given that from the UK the return tickets almost identical in price to one way flights).

Thanks for the further info.

 

I already possess an E-visitor sub class 651 which I used earlier this year and which doesn't expire until August 2017. There are no NFS on this visa. As regular visitors to Oz (3 times a year) I / we have never had any issues with re-entry. My partner also used a 651 this year due to the expiry of her PRV. This had no impact on her PRV renewal.

 

We wouldn't have any issues with an PV application offshore if the RRV had a 5 year timeline but the revised 12 months timeline is a very narrow time window to pack up your life , businesses, house etc. and with processing time of 15 months plus here in the UK i have no desire to live apart from my fiancee.

 

Interestingly if i had been questioned on our last visit time I would be have been honest and advised that we were visiting family as well as looking at homes and determining potential areas to live. To an extent that's exactly what we will be doing for the first 2 months or so next year the only difference being we plan this time to settle and whilst this is 99% certain we have to be realistic that there is a very minute chance that we come back hence why we will have returned flights booked. (No brainer given that from the UK the return tickets almost identical in price to one way flights).

She was very very lucky if she got another visa and used that to enter Australia instead of getting a RRV. Many people in that situation have found the tourist visa has cancelled out their PR and they are back to square one!

I already possess an E-visitor sub class 651 which I used earlier this year and which doesn't expire until August 2017.

 

Interestingly if i had been questioned on our last visit time I would be have been honest ...we will have returned flights booked. (No brainer given that from the UK the return tickets almost identical in price to one way flights).

I hate to say it, but I would advise you not to be honest. If you are honest and say your INTENTION is to stay permanently, immigration will have no choice but to send you back on the next plane because that's the law. You may even be barred from returning for a period. However, since you've got a return ticket, the easy option is simply for both of you to fill in your cards to say you're visiting for a holiday to visit family. With a return ticket, it's very unlikely you'll be questioned further. Once you're in the country you're free and clear to apply for the partner visa.