CollegeGirl

You can come to Australia on a tourist visa, get married and then apply onshore for a partner visa. However, you would not be able to bring your life's possessions with you until you have got married. You would remain in Australia on a bridging visa whilst your application is processed and be unable to leave Australia whilst the birding visa is in force. Alternatively, you could apply for a PMV and travel to Australia on a tourist visa whilst you wait for the grant, leaving as necessary to avoid overstaying and in order to get the grant. You may well find a migration agent helpful if you are wanting to find the best way to avoid 14 months of separation.

 

You should also be aware that although the UK state pension is still paid to Brits in Australia, it does not increase in line with inflation but is frozen. You would want to have some alternative form of income.

Not quite the case that he can't leave the country during the processing of the 820, if he applies onshore. The BVA comes with full work rights, fully study rights, and the ability to apply for a BVB in order to travel for up to six months at a time during the processing of the visa, typically, for about $150. It used to be they were stern about it and you had to have a good reason to leave the country, but that's no longer the case now that processing times have skyrocketed. Even trips for holidays are approved now.

OP, here's what it boils down to. If you go to Aus on an eVisitor in order to do some touristy things (You need to be a tourist in order to go over on a tourist visa), you can then decide to get married while you're there. Generally eVisitors only allow three-month stays at a time (as I understand it). Even when you apply for a partner visa while married, it's generally recommended to live together for a few months at the bare minimum in order to have adequate evidence of living together, joint finances, etc. when you apply. Also, you have to apply to BDM in advance of getting married - I think a month in advance? And it will take some time after your marriage to receive your official marriage certificate from BDM.

It is POSSIBLE to do things this way, but quite honestly it will be very stressful and there is no guarantee you'll wind up with adequate evidence after three months. You could theoretically go offshore for a bit and then come back onshore on your eVisitor again, but if you haven't been out of the country for a while it's possible (not necessarily likely, but possible) that they might give you a hard time about coming back in again.

The PMV is the visa that's intended for exactly what you want to do - I really think you'd be better off going that route, and then using an eVisitor to lessen some of the time you spend apart while it's processing.

Quick question- my PMV runs out end of April. What is the next step for me once I'm married? Many thanks.

 

To those waiting for their visa to come through I was in the same boat and the wait was killing me but now I'm here all that is quickly forgotten. It certainly does get better

Once you're married you apply for the 820. If you're applying online (which I highly recommend), you simply tick a box in the application that asks if you're applying from a Prospective Marriage Visa, and you'll be charged the correct amount ($1145, versus the $4575 you'd be charged if not coming from a PMV). The wait time for PMV to 820 is short - a few days to a few weeks, generally - not more than 2 months max usually.

You do not need to provide medicals or police checks again unless they ask for them (which is very, very rare).

Kate, it really doesn't matter what you select, as long as you get the evidence up there. Pick the category that fits the most closely.

I really hope people don't stop bringing their animals just because of a fee increase. Animals love their families just like people do. I think sometimes we tell ourselves they don't really know/understand to be better able to cope ourselves, but it isn't true. Some cynics told me my cat wouldn't really remember me after I had to leave her behind for a couple of months before shipping her over (I picked the wrong transport company. Grr.). She's very timid and skittish and afraid of her own shadow, so I half expected maybe they were right and she'd run and hide the second I opened her crate at our new home. It was quite the opposite, actually. She 100% knew who I was and she had missed the heck out of me... she was serpenting around my legs meowing excitedly until I picked her up (and this is normally a cat who isn't crazy about being picked up). She nuzzled me and headbutted me over and over and over and started licking my hair, and she wouldn't let me out of her sight for weeks. Animals KNOW. I have no doubt about that anymore.

Definitely don't lie. Go ahead and tell them about it - you would not be rejected for something small (both the antidepressants and the cold sore flare ups are VERY small things), but you can be rejected if they find out you lied.

What they are looking for in the medical exam are SERIOUS medical conditions that could cost the system more than $35,000 over five years. Neither of these conditions comes anywhere CLOSE to meeting that benchmark.

Yes, Brian, it's a forum with various threads about embassies worldwide, and there's a Canadian thread. I'll PM you.

We have lodged our subclass 309 in USA on April 3rd and are yet to be assigned a CO. Is it normal to wait this long?

Emkas - the way the Washington DC embassy functions and the way London functions (since this is a UK board, most people posting here are applying through the London embassy) are very different. It's not uncommon to wait that long for a CO through DC these days. If you're interested in a similar board with a lot more Americans on it, you can PM me and I'll share it. Don't want to "advertise" it here publicly on a competing message board as I think that might not be appreciated.

I emailed the CO and they said that in my case they did not need a second declaration - glad I checked though!

That's... actually really strange. One of the few visa requirements for partner visas that are actually written into law are those statements. I'm glad for you, though.

Yep, totally possible to apply online! You just do a regular 820 application - it will ask at one point if you're applying from a Prospective Marriage Visa, and you just tick yes. You'll be charged the correct ~$1100 AUD amount instead of the full amount for a regular 820. Yes, you'll need new statements from friends/family - but it's perfectly fine to do the minimum. You need a minimum of two Forms 888 from Aussie Citizens or PRs. That's all we provided, and were approved no problem. These statements have to be no older than six weeks when you submit them, so you obviously can't use the PMV ones.

And yes, we had to wait for our marriage cert from BDM as well - though I believe you can actually go in and pick one up from a BDM office same day if you really wanted to, after your celebrant has officially registered your marriage.

Yes, they let you know if they need more docs, but I'd go ahead and get this one done ASAP and not wait for the CO to ask.

Yes, everyone provides two statutory declarations and/or Forms 888. That is a poorly-worded email from the CO. You really, truly need to provide two. The CO is just telling you you don't need to provide more than the required two.

The checklist is unfortunately not very accurate. Take a look at the Partner Migration Booklet - this should be required reading for everyone applying, though I do wish they'd update it to include online application info as well.

On page 36 it says:

All Partner visa applicants must also provide the following:

...

statutory declarations from 2 people who are Australian citizens or Australian permanent residents and who support your claim that the relationship is genuine and continuing (see page 27 for

information on statutory declarations);

Then, on page 29, it says:

If you are outside Australia and are unable to get an Australian citizen or Australian permanent resident

to complete a statutory declaration in support of your relationship with your partner, you may obtain

statements from people who know you and your sponsor. Such statements are not statutory declarations

under Australian law. However, in accordance with policy, they should be witnessed or certified according

to the legal practices of the relevant country. Failing that, they should be witnessed by a person

whose occupation or qualification is comparable to a person included in the prescribed persons list on

pages 28–29. This person should sign, date and specify their occupation or qualification at the bottom of

the statement.

So as you can see - you're required to have two statements. If you're applying onshore, they have to be from Aussie PR or citizens, but if you're applying offshore they can be from anyone.

If I were you I'd get a second one done ASAP.

The 97% isn't the truth.

 

http://online.wsj.com/news/articles/SB10001424052702303480304579578462813553136

 

And 'consensus' isn't the same as 'truth'.

That is an OP-ED. Keyword OPINION, authored by two climate change deniers. Try again. Not a Salon fan usually myself, but this article shows why that op-ed is BS.

http://www.salon.com/2014/05/28/wsjs_shameful_climate_denial_the_scientific_consensus_is_not_a_myth/

There was a LOT my shipping company didn't tell me up front... they did a great job with the items, but we didn't find out about certain charges until it got here, and it really could have been disastrous for us if my items had arrived and I'd only held an ETA!

I can confirm you don't have to wait for the grant. I (stupidly) didn't know you couldn't ship your items over on a visitor visa, and my shipping company didn't tell me, so I went ahead and booked the shipper, had them come pack and start moving my stuff (by sea), and went on my merry way. Fortunately my PMV got granted and I didn't end up coming over on the ETA I'd planned to use, but it wasn't until my stuff was almost here that the shipper asked for my passport and evidence of my visa type. It was then I realized... holy crud, if I'd held a visitor visa, would this have been a problem?! DERP. I know quite a bit about partner visas... but it's amazing how little pieces of info (like not being able to ship personal effects on a visitor visa) completely escape your notice!

So anyway... yes, I booked items to be shipped before my PMV was granted, and received them after my PMV was granted (and before I married) and there was no problem.

Yes. I also "believe" in gravity. When something exists as incontrovertible fact to the point that 97% of the world's climate scientists say it's happening, it exists whether you think it does or not.

Are you legally married or not? There is nothing in the WHV that says you can't be married. Why would you lie about it and risk having the partner visa application rejected?

Well, you don't have to write it,, your parents do. They need to write whatever they know about your relationship - when/how you met, when/how you decided to marry, what your wedding was like (presuming they attended), whether they think your relationship with your spouse is a genuine one, what your living arrangements are like, etc. etc. They're just looking for confirmation that your parents are fully aware of your marriage, support it, etc.

Since the Immi website is sometimes not completely up-to-date, you may want to verify with one of the well-respected agents that hang out around here... @wrussell or @Alan Collett or maybe @Adam Grey might be able to verify.

This information is very easy to verify yourself. Look on the Department of Immigration's website. You'll start on the 173, and then later apply for the 143 (the permanent part of the visa) in two years. Look at the requirements for the 143.

Here's the page on the 143: http://www.immi.gov.au/Visas/Pages/143.aspx On this page, scroll down to where it says "If you have a Contributory Parent (Temporary) visa (subclass 173)." Click that little arrow next to it. In that section you'll see that it says:

You must tell us if any of your family members are no longer dependent on you.

So what makes you a dependent? In order to get that information, scroll back up on that page and click the tab that says "Visa Applicants." In that section, click the text that says "Including Family in Your Application." There, you'll see it says "These family members must meet the requirements for including family members in your application. " Click that link to see what the requirements are for being included as family on a 143.

Once you're on that page, click "Dependent Child." You'll see there for yourself that it says "A child of any age is not considered to be dependent if they are currently married, engaged to be married or in a de facto relationship."

So there you have it. Your agent is giving you wrong information. You can NOT be married, engaged, or in a defacto relationship when you are applying as a dependent for the 143 in two years.

Now, if you're a less than scrupulous person, you might be thinking - well, how would Immi find out I got married if we didn't tell them? Well, if you get married in Australia, agencies share information, so you're caught out that way. Or, if you sponsor your partner for a partner visa, you'll be telling Immi yourself, because you're going to have to provide them with your marriage certificate, and they'll see you married before you applied as a dependent on the 143.

Frankly, I'd re-examine the person you're using as an agent if they're giving you such bad information, especially if that agent is not MARA-registered.

Hi Everyone,

 

I have posted my question on a separate thread, but I've been advised to try adding it to this thread to get some advice.

 

This is my first post, but I've been reading other posts on this forum for a while and have found loads of helpful information so far, so thank you for that.

 

I was wondering if anyone can help with something that is really worrying me about applying for a Partner Visa 309. I'll explain the situation as best as I can.

 

I have dual nationality (UK & Australian) and I have been back in the UK since 2010. I met my partner (he's a UK citizen) in 2011 and we are hoping to apply for a partner visa for him in January 2015, so we've been trying to get all the documents together in advance.

We have lived together since December 2011 and I think we have all the evidence such as joint utility bills, wills, electoral roll, evidence of holidays together etc.

We will be able to get statements from my Mum and my partner's Mum and Brother and our friends - all in the UK.

 

The problem is getting the Statutory Declarations from 2 Australian Citizens or Permanent Residents. I recently asked two family members who are Australian Citizens living in Australia if they will do statutory declarations for us and they have said that they don't want to do it. I hadn't expected them to refuse and was very upset, but now we have to find a solution.

 

In the Partner Booklet it does say

"If you are outside Australia and are unable to get an Australian citizen or Australian permanent resident to complete a statutory declaration in support of your relationship with your partner, you may obtain statements from people who know you and your sponsor"

 

Does that mean you can just get statements (not stat decs) from the Australian Citizens /PR's -

or

does it mean that you can get statements from anyone who knows us i.e. people who aren't Australian Citizens / PR's?

Does anyone know of a similar situation to this, or have any advice? I guess we probably aren't the only couple who have had this problem.

Is the Case Officer able to refuse the visa if we don't have the 2 statutory declarations?

 

Sorry if I've rambled on a bit, but I'm so worried that this could ruin our chances of getting the visa.

Any help would be much appreciated.

 

Thank you in advance.:smile:

 

 

Offshore applicants are not required to have two statements from Aussies PR or Citizens. (We didn't.) It's better if you do, but if you can't, you can't. It's not required. You ARE required to have at least two statements from people who know you are your partner from other countries if you can't do Aussie PR/Citizens.

I know, it's crazy - I had to go back and check.

Hi guys, I am in Oz now settling down to my new life in Queensland (entered Brisbane 25th July on PMV)! I had a quick question about the next visa application; Dave and I are planning to get married in October and applying for the next visa in November; however my UK PCC expires in September and I am unsure if I'll need another new one when applying for the changeover from PMV to partner visa. Also, do we need to send all the other documents once again or they are already there on my file with DIBP?

 

Thanks xx

No, you don't need new police or medical checks - they'll ask if they want them for some reason, but it's pretty uncommon.

There's conflicting advice on whether you should provide the same info you did for the PMV PLUS evidence since then - since you're from a low-risk country, I would probably just provide mostly new evidence (showing you now share an address and share finances, etc., plus wedding photos, cards, marriage cert from BDM, etc. etc.). Just ensure you have evidence in all four categories. (That's the approach I took, and I was approved with no problem.) The PMV-to-820 is pretty low-intensity - they're just verifying that you've married and combined you're lives the way you're supposed to. You don't have to swamp them. And you should get your grant pretty quickly - some people get it the next day, others wait several weeks, but it's pretty rare to wait more than two months when coming from a PMV. Best wishes!

If you're already married in another country, there's no need to marry in Australia as well. Australia recognizes marriages that happen in other countries. She could come live with you for several months and gather evidence of your relationship and then fly offshore to apply for the 309. She'll need to let the embassy know about her plans to fly back to Australia, and ask them to let her know when they're ready to decide the visa so she can get offshore again (a 309 must be granted while she's offshore). Being married does waive the 12-month requirement.

"Engaged" simply means you have both agreed you will get married. It doesn't require any sort of special ceremony or party or anything of the like. It sounds like if you and your girlfriend are already planning for her to come over on a tourist visa and get married in court, you're already engaged.