Will it work? please help!

[Guest crafty1]

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?:unsure:

I would be really, really grateful for some help.

Thanks it's a fantastic site!

Melanie

[skippy]

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.

[Guest Gollywobbler]

Hi Melanie

 

Welcome to Poms in Oz.

 

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:

 

Hague Convention on the Civil Aspects of International Child Abduction - Wikipedia, the free encyclopedia

 

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.

 

The links are here:

 

Spouse Visa: Onshore Temporary and Permanent (Subclasses 820 and 801)

 

Information Booklets - Applications & Forms - Visas & Immigration

 

Best wishes

 

Gill

[Guest crafty1]

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

[Selah]

Dear Crafty,

 

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!

 

Liz

[Guest crafty1]

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.

[Guest Birdiesinoz]

Hi Melanie

 

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.

 

kind regards

 

Cheryl

Registered Migration Agent

MARN 0639132

[Guest crafty1]

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

[Guest Birdiesinoz]

Hi 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.

 

Kind regards

 

Cheryl

Registered Migration Agent

MARA 0639132

[Guest crafty1]

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

[Guest Birdiesinoz]

Hi Mel

 

Thats fine, that is what the free assessment is there for. Once i have received it I will let you know the best way forward and also provide you with more details of the kind of documentation you will be required to provide. It may not be until tomorrow though as it 9.03pm here in Brizzie and i am thinking of packing up for the day lol.

 

kind regards

 

Cheryl

Registered Migration Agent

MARN 0639132

[Selah]

It doesn't sound crazy at all. My entire engagement was between US & England. Start a thread stating how long spousal visa (there's another word like de facto relationship or something) and ask for specifics. It doesn't take as long as for some of us but you will have to prove your relationship (visits, phone bills, letters, etc.) You could perhaps get married in Australia on a holiday visa but what I'm saying is that won't automatically give you a visa to stay. Gather as much info as you can and make an educated and wise decision. The info on the kids will need to be in a stat dec and signed by an attorney so you want to do it right because that part can only be done from here. You can get a free 20 minute consultation with an immigration agent. Many are recommended on this site and it would probably be worth getting their recommendation! Good Luck!

 

Liz

[ali]

I'd be very cautious about coming to aus on a visitors visa - even if you got married it wouldn't mean you could stay - dimia may think you've been dishonest. There was a programme on TV where an English woman had overstayed her visa (she was living with an aussie man) and was deported and couldn't return for 3 years. This would be very difficult for your children.

 

Ali

[Guest Gollywobbler]

Hi agai, Melanie

 

As far as how to proceed visa-wise is concerned, Cheryl's advice sounds good to me. My cousin Sasha married an Ozzie. They had been together for 3 or 4 years ithe UK, but decided they wanted to get married in Sydney where Greg's family live. Sasha obtained a Prospective Marriage visa and her close family all went to Sydney forthe wedding.

 

I agree with Ali as well. Although my impression is that Oz is not as draconian or as bullying as the American authorities (because Australia's legal system works on the assumption that someone is innocent unless proven guilty, whereas it is the other way round inthe USA) I think that one has to be five times as cautious when children are involved than one might be if they were not.

 

Good luck, hun, and I hope that DIA will give you a fast, smooth ride.

 

Best wishes

 

Gill