cookieh Posted January 25, 2013 Share Posted January 25, 2013 Hello lovely Poms in Oz'ers! I am new to this forum but having read many other links I really hope you can help me with my sticky situation. So, I'll start from the begining. My partner is Australian, we met in London whilst he was on a working-holiday visa here for two years. We were together for 8 months until his visa was due to expire and he moved back to Australia. This was in March 2011. Since then, due to work commitments (and also because I come from a culture where I am not really allowed to just live with him until we are married) we have been in a long distance relationship. We have both flown to each others countries as well as meeting up in Dubai and Sri Lanka to ensure we maintain our relationship. We also speak every day through skype and various other means. Anyways on one of our travels, my partner (NP) proposed! I of course said yes but he still had to return to oz and myself back to London. We are now in the process of planning a wedding. The wedding will take place in London but we do not intend to live here, the plan is for me to go to Australia with him straight after the wedding. The wedding is in October this year (2013) so 9 months away but I am so stuck when it comes to what type of visa i should be applying for based on the time constraints. The fiance visa says it takes 5-10 months to process and also prior to the wedding day i have to enter australia in order to validate the visa. I feel like this is cutting it rather close! The other option is to be married here in London and then I fly to Australia as a tourist and once we are on shore I can apply for the partner visa as we will be married and I will also be living with him at that point. I am concerned about any risks in doing it this way. What would you all do/ advise in this situation? Thank you so so so much for any help, I'm so confused! H xxx Link to comment Share on other sites More sharing options...
arrumac Posted January 25, 2013 Share Posted January 25, 2013 Try this :- http://www.immi.gov.au/visawizard/ and here is some info on proving a defacto relationship http://www.immi.gov.au/media/fact-sheets/35relationship.htm Ultimately if its not clear you are always best talking to a registered migration agent. Link to comment Share on other sites More sharing options...
lebourvellec Posted January 25, 2013 Share Posted January 25, 2013 You are in a bit of a tricky situation, as currently the only visa that you would be eligible for would be the Prospective Marriage Visa, but, it currently takes 9 months to process, and you would be married by the time it was granted. How old are you? Are you eligible for a WHV? Once you are married you can apply for the Partner visa, but you will still need to provide evidence that your relationship is continuing and genuine. Perhaps going out on a tourist visa and getting the documents sorted, joint tenancy agreements, joint bank accounts, Wills, superannuation beneficiary, then apply for the partner visa. Currently if you apply onshore for a Partner visa from a Tourist Visa you should get work rights until your visa is granted. But you need to make sure that the tourist visa does not have 8503 no further stay condition. GeorgeD was in a similar situation as yourselves that they had not lived together before they got married. He posted a list of the documents that he provided for his visa which may help your situation. Link to comment Share on other sites More sharing options...
cookieh Posted January 25, 2013 Author Share Posted January 25, 2013 Thank you so much for your advise. Yes, that is exactly my concern that due to the time scales, we will be married should the fiance visa be granted in 9 months! I am 26 years old, what is a WHV? As you can tell we are very new to all the visa jargon and its definitely a daunting process in any case! O ok, how would i know if the visa had a 8503 clause? I will certainly look up GeorgeD's info. Thanks again Link to comment Share on other sites More sharing options...
lebourvellec Posted January 25, 2013 Share Posted January 25, 2013 Working Holiday Visa, are you from a country that you can get one. http://www.immi.gov.au/visitors/working-holiday/417/countries.htm'>http://www.immi.gov.au/visitors/working-holiday/417/countries.htm http://www.immi.gov.au/visitors/working-holiday/417/ If you are eligible for a WHV this would be the best visa for you to enter Australia on, it will give you 12 months and can work for 1 employer for up to 6 months. Once you are in Australia and have gotten all the paper work together you can lodge the Partner visa, and will get a bridging visa once the WHV expires if the Partner visa has not been granted yet. A WHV can be granted very quickly. Link to comment Share on other sites More sharing options...
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