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Help needed for migrating to be with my Australian boyfriend - totally confused!!


Topcat

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Hi all

 

I have known my boyfriend since secondary school, he emigrated to Austrsalia 5 years ago and is now an Australian citizen. We have been friends online for a few years but realised in June we wanted more than that, We talk, message and email everyday and have been exclusive to each other since then, i went to Australia in October for 3 weeks to be with him and we are both sure we want to be together permanantly. I work in telecommunications in billing and also part time in hospitality but these jobs are not on the accepted list, we have looked at the partner visa but that says you have to have been living together for 12 months ( how would that be possible) it does say in MOST cases though, so is it possible to go down this route??

 

Anyone with any advice on this or any other visa possiblities? what evidence is needed, certified documents, costs, timescales etc as i keep getting conflicting information online about when and where to apply, what can and can't be done. Also does it help if i have Australian relations??

 

Really really appreciate any help anyone can give

 

T x x

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Agreed, a working holiday visa to get the 12 months, if you are young enough.

 

If not, it's expensive, but a student visa. How long you will have to live together first will depend on which state you are living in. Some will let you register your relationship. That cuts out the 12 months. The requirements are different in different states.

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Hi Blossom79

 

Boyfriend lives in WA, as i can visit for up to 3 months on a holiday visa would that help?? Plus if we were to get married in that period could i apply to stay?

 

Many thanks

 

T x

 

Yes, getting married would circumvent the 12 months.

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I don't know what the requirements are but you can get a Visitor visa for up to 12 months, of course you wouldn't be able to work and I think you would need significant funds (or your boyfriend in a well paid job) to be able to convince immigration you didn't intend working illegally.

 

A student visa might actually be better, as you can at least work 20 hours a week then whilst you plan your wedding :)

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Hi

 

unfortunately as i am not a student that wouldnt apply but thank you for the reply

Nobody is a student in Australia until they apply for a course. ;-) (and a student visa if you are not australian).

The prospective marriage visa is far better if you are planning on marrying.

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TC, agree with other posters.....if you were married, your application for a 309 PPV would almost be guaranteed, due to your partners status as an Australian citizen; the relation to citizenship is given 'considerable weight' (their wording) by the DIBP. This visa allows you to later apply for a 100 PR visa after a two year stay in Australia. In some cases, the DIBP will grant a 100 visa right off the bat, this with 'compelling circumstances' (again, their wording). I am a dual US/Aus citizen and this is what happened in my family's case. Wife and kids were granted 100 visas at the outset, and later Aus citizenship. I think the 100 was granted right away as we were an established family. The DIBP has a lot discretion as to what they grant, and who they grant to, so put your best foot forward in your application. Best of luck.

 

Cheers,

Seppo

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Hi

 

unfortunately as i am not a student that wouldnt apply but thank you for the reply

 

I was thinking you could become a student...it was just a thought :)

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Hi Blossom

 

Unfortunately i'm a tad old to be a student i think .. lol.. :biggrin: with the marriage visa do we apply for that once i am in Australia on a visitor visa or from the UK, any help is greatly appreciated didn't realise how complicated this would be x

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Hi Seppo

 

thank you very much for your reply, my partner is dual UK/Aus citizen and from what you and the other posters have said looking at getting married looks to be the option for us. Just need to find out what we need to do before applying, if we do it before i go back to Aus or once there, what else i and we need in place to apply,

 

many thanks T x x

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I wouldn't apply for a marriage visa as it still looks very dodgy, getting married when you have not been together very long. As he is also a UK citizen he is free to come to the UK with no restrictions, live together for 12 months then apply for a visa. It may take a while to sort out but should be relatively easy to get a partner visa. Then you can go to Oz knowing you are legal.

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Hi Snifter

 

We started looking at the options for partner visa but it said you had to have been living together for 12 months (how when we ilive in different countries) then we decided to ask for advice on here as he found it really helpful when he emmigrated 5 years ago.

 

So we are now looking at the PMV, thank you for the link ... have had people say you can still get a partner visa if you have enpough evidence of being together even if you haven't lived together but haven't found anything to support that and nearly everyone so far on here seems to recommend the PMV as the option as i do not qualify for working or student visa. x

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Hi boganbear

 

it wouldn't be until next year as i have work, my flat (rented), grown up daughter living at home so need to either get her on the lease or wait until she has her own place, and finances to sort out, by that time we will have been together over a year, with evidence of daily contact. Extremely unlikely he would come here except for holiday, as he has a really good job in Aus, so me going there is really our main option. Any advice?

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...nearly everyone so far on here seems to recommend the PMV as the option as i do not qualify for working or student visa. x

 

You keep saying you don't qualify for a student visa but anyone can get a student visa if they enrol and pay for a suitable course here.

 

There's no rule that says you need to be 18 years old - or a student already. People of any age and in any current occupation can get a student visa. The only requirement is that the course is a suitable one and that the applicant can afford to pay for it.

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I don't think you would qualify for a defacto even when you have technically been together for 12 months - even people onshore struggle to provide evidence unless they have been living together & sharing joint accounts etc - or have the relationship registered which, in Vic at least, requires you to have been living in the State for the previous 12 months.

 

Is your occupation on the CSOL list for sponsorship under a 457 visa? Personally I would be wary of moving my whole life to Aus on the premise of having to marry within 9 months when you have only spent 3 weeks physically together in a relationship, and 5 months emotionally involved. However since you have limited options I guess you are more willing to take the risk to follow your heart. Good luck!:wubclub:

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Yes I'd be a bit doubtful about this 'relationship' too.

If it has only existed since October, and your 'boyfriend' is not willing to come to the UK, is he really your boyfriend at all.

 

I would be careful about moving to Australia for what may just been a fling to him.

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Guest GeorgeD
I wouldn't apply for a marriage visa as it still looks very dodgy, getting married when you have not been together very long.

 

You mean like the way I did it?

 

'Dated' my wife in the UK for 18 months (we weren't defacto and never claimed to be)

Never lived together.

She went to Oz for 2.5 years.

We kept in touch sporadically,

She came back to the UK for 7 days, we got married, she returned to Oz 4 days after our wedding and I stayed in the Uk. We still didn't live together.

I applied for a Spouse visa 6 weeks later. I was in the UK, she was in Oz.

Offshore 309 visa granted 5 months later.

 

The length of time you are married is irrelevant. If you are married twenty minutes or twenty years you need to provide exactly the same amount of evidence to prove your relationship is genuine and ongoing. Being married longer just makes it easier to have that evidence...but if you didn't submit it you wouldn't be approved...it is the evidence, not the time served that is important.

 

Having said all of this...I have to point out, it doesn't mean getting married makes it easy to get a visa. It doesn't. You still need the evidence and your circumstances, like mine, may mean that it was really difficult to obtain. What the OP does have now is knowledge of how it works...so start creating or plan to create evidence and keep it handy. The best evidence you can have is joint financial commitments into the future...so put each other on car insurance policies even though you are on opposite sides of the world...list each other as benficiaries of wills, insurance policies, as next of kin with employers, doctors, etc. The getting married bit is easy, but you still need all the evidence...a marriage certificate on its own is nowhere near enough.

 

You need official evidence. For example, once married, tell everyone. Tell the tax office, tell your insurance company, etc. My wife was receiving some sort of family credit and told Centrelink she had got married. The benefit was stopped and she got a letter from them saying that it was stopped as now she was married they'd need to assess my earnings...hard for one Government Depratment to decide we aren't genuinely married when another one is saying they believe we are, etc. Don't rely on phonecalls or emails...I could've showed my phonebill on my application. They would've noticed several calls to my local kebab shop every week. This doesn't prove I was in a relationship with the guy taking orders. It just proves I called a number regularly. You need more evidence than just being in contact with each other...even when you are married.

 

Being married removes the requirement to have been in a relationship for 12 months prior to application. That is all, it doesn't change any of the other requirements for eligibility.

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