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Marriage Visa questions!


Flake

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Hi All,

 

I am currently in the UK with my Aussie OH and we are getting married in August this year.

we plan on making the Marriage visa application for myself so that we can return to Sydney to live, and

the department if immigration say that there is an 8-9 month processing time for the marriage visa, and obviously has to be applied for once we have our marriage certificate.

I wondered does anyone know if there is a possibility of a bridging visa that allows you to enter the country and work before the visa is approved? Or if there is any other type of visa application that would work better for us so that we could return this year rather than next?

Any info/ advice would be fab.

 

Thanks!

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It is not a marriage visa it is a Partner Visa.

 

The requirements is to show that you have been in a defacto relationship for 12 months before applying, which they require you to be living together.

 

If you are married there is no 12 month requirement, but you still need to show that you are in a genuine and committed relationship.

 

So depending on your relationship status you may qualify now, and can apply, if not granted in time before you are due to go, go over on Visitors visa while you wait for it to be granted, you will need to leave the Country for a few days for the visa to be granted if you apply offshore, but you will not be able to work.

 

Otherwise you can travel on a Visitors visa and apply onshore for the partner visa, which is more expensive and takes longer, currently once you apply for a Partner visa onshore, you will be given work rights on the bridging visa, which will commence once the visitors visa expires.

 

http://www.immi.gov.au/allforms/booklets/1127.pdf

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You don't need a bridging visa, because you wouldn't be ending one visa and starting another, you'd be waiting whilst the other was being granted. You'd need to go over on a visitor or tourist visa but I don't think you can work whilst you wait. I know I can't, I'm waiting for my 100/309 and expect to be over in June or July but won't be working until my visa is granted. You have to leave the country for three working days when your CO tells you to, and you have to let your CO know you're going over early.

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Thanks for your advice, sorry but I'm a rookie what does CO stand for?

 

So if I were to lodge an Partner visa Application and they say it takes 8- 9 months, I could still enter Australia on Tourist visa before my partner visa was granted, without affecting my application?

I guess it wouldn't be the end of the world for me not working while we wait for the visa to come through, I just wouldn't want to be left behind without my OH :wubclub:

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Thanks for your advice, sorry but I'm a rookie what does CO stand for?

 

So if I were to lodge an Partner visa Application and they say it takes 8- 9 months, I could still enter Australia on Tourist visa before my partner visa was granted, without affecting my application?

I guess it wouldn't be the end of the world for me not working while we wait for the visa to come through, I just wouldn't want to be left behind without my OH :wubclub:

Yes you can still enter on a Tourist visa while you wait for the Partner visa to be granted, but you must inform your CO of your plans so they can give you a Pre-grant letter so you can depart Australia for the visa to be granted.

 

If you can prove that you have been in a relationship for 3 years, you may get PR straight away, missing out the 2 year TR visa at first.

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Yes you can still enter on a Tourist visa while you wait for the Partner visa to be granted, but you must inform your CO of your plans so they can give you a Pre-grant letter so you can depart Australia for the visa to be granted.

 

If you can prove that you have been in a relationship for 3 years, you may get PR straight away, missing out the 2 year TR visa at first.

 

Thats very interesting, I had no idea that was possible! I guess I should call DIAC! Thanks for your help :laugh:

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Thats very interesting, I had no idea that was possible! I guess I should call DIAC! Thanks for your help :laugh:

 

I don't see you need to call DIAC for any reason. I doubt it will get you any more info or anything.

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I wondered does anyone know if there is a possibility of a bridging visa that allows you to enter the country and work before the visa is approved? Or if there is any other type of visa application that would work better for us so that we could return this year rather than next?

 

 

If you lodge a Partner Visa application (subclass 820/801) while in Australia, you will obtain a bridging visa with no work restrictions.

This will allow you to work while waiting for a decision.

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