pinup Posted July 4, 2012 Share Posted July 4, 2012 Hi all, I have a somewhat complicated enquiry regarding my current prospective marriage visa (subclass 300). My partner and I have just one month left to fulfill the obligation of our visa, which is to marry and apply for our 820 visa. Despite initially planning to marry in March we have had to delay and have experienced a number of setbacks since I arrived from Ireland in December. Ultimately we would prefer to delay our plans to marry for now and move to a de-facto visa. I have spoken to the department of immigration to enquire about the possibility of an extension and/or change to a de-facto visa without marrying. They have been very vague but say that we can apply for a de-facto visa but that they cannot guarantee that we would be granted a visa as failing to comply with our PMV obligations may work against us. In addition, we can’t provide evidence of 12 consecutive months co-habitation, just the nine months that I have been here. That said we do have a cumulative minimum of 12 months and have been together since the end of 2007. The hope is that based on the setbacks we’ve experienced (which included several serious court cases, documents can be provided) that we can demonstrate what the department describes as “compelling and compassionate” circumstances and waive the 12month requirement. I’m hoping that someone else has been in the same boat, or may be able to point us in the right direction. We've had conflicting information, immi says we 'could' try for a defacto, while a migration agent has told us today that theres no way we would be eligible without the 12month requirement. Thanks in advance! Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted July 4, 2012 Share Posted July 4, 2012 Do you have a child within your relationship?? If not it is unlikely that it will be waived. The 12 month requirement is waived by marriage. If you had been together since end 2007 you should have originally applied for the Partner visa - not the PMV, which requirement is to have met in person at least once. http://www.immi.gov.au/allforms/booklets/1127.pdf Page 33 If you do not marry it looks like your only option might be to apply for a Partner Visa Offshore, as you wont be eligible to apply onshore. Quote Link to comment Share on other sites More sharing options...
pinup Posted July 4, 2012 Author Share Posted July 4, 2012 Thank you lebourvellec, We were unlikely to be eligible for a partner visa unfortunately, due to time and distance apart and various other reasons, but thank you for your feedback. The more info the better! Quote Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted July 4, 2012 Share Posted July 4, 2012 Hi all, I have a somewhat complicated enquiry regarding my current prospective marriage visa (subclass 300). My partner and I have just one month left to fulfill the obligation of our visa, which is to marry and apply for our 820 visa. Despite initially planning to marry in March we have had to delay and have experienced a number of setbacks since I arrived from Ireland in December. Ultimately we would prefer to delay our plans to marry for now and move to a de-facto visa. I have spoken to the department of immigration to enquire about the possibility of an extension and/or change to a de-facto visa without marrying. They have been very vague but say that we can apply for a de-facto visa but that they cannot guarantee that we would be granted a visa as failing to comply with our PMV obligations may work against us. In addition, we can’t provide evidence of 12 consecutive months co-habitation, just the nine months that I have been here. That said we do have a cumulative minimum of 12 months and have been together since the end of 2007. The hope is that based on the setbacks we’ve experienced (which included several serious court cases, documents can be provided) that we can demonstrate what the department describes as “compelling and compassionate” circumstances and waive the 12month requirement. I’m hoping that someone else has been in the same boat, or may be able to point us in the right direction. We've had conflicting information, immi says we 'could' try for a defacto, while a migration agent has told us today that theres no way we would be eligible without the 12month requirement. Thanks in advance! It's an interesting situation...I'm not sure how being in australia on the PMV would affect a defacto spouse visa application. My gut feeling is really that it shouldn't, but I have nothing other than gut feeling. You should hold the most appropriate visa for your visit/stay. If you have been in a defacto relationship for more than 12 months (note, I haven't said cohabited or lived together, just been in a defacto relationship), then there is a chance you are eligible for the defacto spouse visa, and if you were on any other visa (tourist/WHV/457/etc) then you would be well within your rights to apply for the 820. Why then does the fact you hold a PMV prevent you from doing this? I think you should talk to a decent RMA...the ones who frequent these forums generally recieve excellent feedback from those who have used their services. If you have good evidence of being in a defacto relationship (not just "dating" but essentially living like a married couple without the certificate) for more than 12 months then you would be eligible to apply. You don't need to have lived together for 12 months as long as you can explain compelling reasons why you didn't. Without going into detail it sounds like you might have such justification. If you were in Oz on a WHV or 457 you wouldn't think twice about applying for the defacto spoouse visa, so why should it be different? Here's another option though. to meet the requirements of the PMV you need to get married then apply for the spouse visa. Well, you need to apply for the spouse visa anyway in your alternative plan, so the difference is just the "getting married" bit...So get married! Sure it might be your dream to arrive at your wedding in an open topped carriage pulled by unicorns, etc and have every single person who has ever met you in your entire life attend the service at the Olympic Stadium, and have a party to top a Roman orgy, but really all you need is the two of you, a celebrant and a couple of witnesses. You don't even need to tell anyone else...and then when you are ready, further down the line, have a big party...even get the same celebrant back and take the wedding photos then. Quote Link to comment Share on other sites More sharing options...
Rupert Posted July 4, 2012 Share Posted July 4, 2012 You need to get married, the PMV should not be use use simply to build up time living together so you can apply for a partner visa. And in fact you still do not meet the requirements for the partner visa as an unmarried couple anyway. Get married, you have had 9 months to do it which australia immigration deems to be long enough. Quote Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted July 5, 2012 Share Posted July 5, 2012 (edited) You need to get married, the PMV should not be use use simply to build up time living together so you can apply for a partner visa. And in fact you still do not meet the requirements for the partner visa as an unmarried couple anyway. Get married, you have had 9 months to do it which australia immigration deems to be long enough. I don't think the OP intended to use the PMV to rack up some relationship time for a defacto visa...but this is the situation they find themselves in at the moment. You don't need to have lived together for any specific length of time to be eligible for the defacto spouse visa. Honest! You need to have been in a defacto relationship for 12 consecutive months prior to applying, and whilst DIAC expect this will involve you living together it is possible to be eligible having been apart for some of that time... This snippet is from the DIAC website about the 12 month relationship requirement. What is the relationship requirement? Applicants seeking to demonstrate a de facto relationship with their partner must provide evidence that for the period covering at least the twelve months before the visa application is lodged: they had a mutual commitment to a shared life to the exclusion of all others the relationship between them is genuine and continuing they live together, or do not live separately and apart, on a permanent basis. Living together Living together is regarded as a common element in most on-going relationships. Partners who are currently not living together may be required to demonstrate a high level of proof that they are not living separately and apart on a permanent basis. And then there is this scenario they provide... My job in Australia does not allow me to travel to my partner's country to live there for extended periods. We have been in a relationship for 12 months but lived together for only eight months. Will I be eligible to sponsor my partner to Australia? You may be eligible. It is recognised that it is possible for the parties to be physically apart for periods of time, due to work or travel commitments, yet committed to a shared life. In assessing a relationship, a number of factors other than periods of physical cohabitation are taken into account. Basically, it's possible the OP may be eligible for the defacto spouse visa...but I honestly don't know if being in Australia on thr PMV bars them from doing this. i do agree on one clear way forward though...getting married negates all of this uncertainty. Edited July 5, 2012 by GeorgeD Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted July 5, 2012 Share Posted July 5, 2012 The PMV visa conditions are that you have 9 months to get married. By not complying to the conditions of the visa means they will be uneligible for a bridging visa, so can not apply onshore. Quote Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted July 5, 2012 Share Posted July 5, 2012 The PMV visa conditions are that you have 9 months to get married. By not complying to the conditions of the visa means they will be uneligible for a bridging visa, so can not apply onshore. Yup, this is the bit that I honestly don't know about. A bridging visa is intended to allow you to remain in Oz legally while you await the processing of another visa decision. If the OP didn't get married then at the end of the 9 months they would not hold a visa which legally allowed them to remain in Oz...so why wouldn't a bridging visa be granted if they had applied for the spouse visa? Remember, at this point, the OP hasn't broken any visa conditions...they still have time to get married and apply for the spouse visa and be in full compliance with their PMV visa. So what is to stop them applying for a visa which would also give them residency rights, they haven't done anything wrong...yet? Like I said, I honestly don't know the answer to that question of whether not getting married would mean you can't apply for the defacto spouse onshore. Time to speak to a good Agent to be honest! Quote Link to comment Share on other sites More sharing options...
Guest command Posted July 5, 2012 Share Posted July 5, 2012 Without knowing your full circumstances don't know the right answer, but goto to the wedding registry in your state and get married there (check with them on availability and conditions) its hardly $200-300 approx, to make it official then later down the track you can have a big wedding with your friends/family. Call DIAC and get there advice on it. Quote Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted July 5, 2012 Share Posted July 5, 2012 Without knowing your full circumstances don't know the right answer, but goto to the wedding registry in your state and get married there (check with them on availability and conditions) its hardly $200-300 approx, to make it official then later down the track you can have a big wedding with your friends/family. Call DIAC and get there advice on it. You are either married or not...DIAC don't care who attends the wedding, just its legal status...so yes, if you get married at a basic civil service then you are all good...have the party when you are good and ready!! Quote Link to comment Share on other sites More sharing options...
pinup Posted July 5, 2012 Author Share Posted July 5, 2012 (edited) Thank you all for the advice, we're going to try to see a migration agent to see what we're going to do or what options might be available to us. It was certainly not our intention to build up 9 months in order to get a defacto without marrying, but issues beyond our control have made things very stressful for us in what should be a happy time. We have a lot of documentation that we feel could help support some sort of an appeal or change of visa. Could anyone recommend a good Sydney based agent? Thanks again Edited July 5, 2012 by pinup Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted July 5, 2012 Share Posted July 5, 2012 W Russell - posts on the forum I think is based in Sydney, George Lombard - also in Sydney a very well respected Agent. Also you need to be aware that the costs of just applying for the Partner visa without marrying will increase, as you will likely have to pay the full $3060 if you are able to apply onshore, but as you are not intending marry your sponsor by the 9 months you will no longer hold a PMV 300, therefore you would not hold a visa to remain in Australia. Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted July 5, 2012 Share Posted July 5, 2012 Do you have 1 of these conditions attached to your visa 8519 The holder must enter into the marriage in relation to which the visa was granted within the visa period of the visa. 8520 The relevant person who holds a Subclass 300 visa on the basis of having satisfied the primary criteria must enter into the marriage in relation to which that visa was granted within the visa period of that visa. Quote Link to comment Share on other sites More sharing options...
pinup Posted July 5, 2012 Author Share Posted July 5, 2012 Thank you for those agent suggestions Lebourvellec, yes, we have the 8519 condition. Quote Link to comment Share on other sites More sharing options...
Guest command Posted July 9, 2012 Share Posted July 9, 2012 Hi Pinup, What did you end up doing? Quote Link to comment Share on other sites More sharing options...
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