amirpalang Posted August 18, 2014 Share Posted August 18, 2014 Hi all, I am a permanent resident and My gf is Indonesian. She is getting her work and holiday visa (462) soon. As far as I know there should be the 'No Further Stay' condition attached to it. I know that means She is not able to apply for other visas while she is in Australia. If we get marry in Australia and register our marriage in Australia, Can she go back to Indonesia and apply for partner visa without her WHV being canceled? So that she can lodge her Partner app then come back to Australia and live together until her WHV expires meanwhile her Partner app is being processed? Can anyone help please? Link to comment Share on other sites More sharing options...
Guest MigrateAustralia Posted August 18, 2014 Share Posted August 18, 2014 Hello, Yes, she certainly can travel to Australia on the Work and Holiday Maker visa and you can marry and live together for a few months in order to gather paperwork to evidence your shared household (a marriage certificate is not enough on its own). She can then fly offshore for a few days while the Partner visa application is lodged (this is done online), and then return on the W&HM visa. There is no reason this should be cancelled, unless she breaches a condition on the W&HM visa - lodging the Partner visa or any other visa should not affect this. All the best. Christel Link to comment Share on other sites More sharing options...
amirpalang Posted August 18, 2014 Author Share Posted August 18, 2014 Hello, Yes, she certainly can travel to Australia on the Work and Holiday Maker visa and you can marry and live together for a few months in order to gather paperwork to evidence your shared household (a marriage certificate is not enough on its own). She can then fly offshore for a few days while the Partner visa application is lodged (this is done online), and then return on the W&HM visa. There is no reason this should be cancelled, unless she breaches a condition on the W&HM visa - lodging the Partner visa or any other visa should not affect this. All the best. Christel Many Thanks Christel for your reply. Im so glad to hear that because the long processing time for Partner visa is a pain and in this way we can stay together while the app is in process. We already have some trips together and have got married off-shore and I can provide lot of pictures of our wedding and places we have visited together(including hotel invoices) to support our app. by the way I have heared from someone that we need to live together at least for 12 month before applying for Partner visa! Is that true? Also I've read in somewhere else that registering our marriage waives the 12 months living pre condition. Are you aware of that? Link to comment Share on other sites More sharing options...
CollegeGirl Posted August 18, 2014 Share Posted August 18, 2014 If you're already married in another country, there's no need to marry in Australia as well. Australia recognizes marriages that happen in other countries. She could come live with you for several months and gather evidence of your relationship and then fly offshore to apply for the 309. She'll need to let the embassy know about her plans to fly back to Australia, and ask them to let her know when they're ready to decide the visa so she can get offshore again (a 309 must be granted while she's offshore). Being married does waive the 12-month requirement. Link to comment Share on other sites More sharing options...
amirpalang Posted August 18, 2014 Author Share Posted August 18, 2014 If you're already married in another country, there's no need to marry in Australia as well. Australia recognizes marriages that happen in other countries. She could come live with you for several months and gather evidence of your relationship and then fly offshore to apply for the 309. She'll need to let the embassy know about her plans to fly back to Australia, and ask them to let her know when they're ready to decide the visa so she can get offshore again (a 309 must be granted while she's offshore). Being married does waive the 12-month requirement. Many Thanks my friend. now its all clear for me the only thing I am concerned about is what she needs to declare as her marital status in WHV forms Actually we got married in a church overseas and it was not registered in any civil/registry office overseas. We just have a marriage certification from the church. if she declares single and later on in partner app provides evidences that we were married already, it could cause problem! As I know the WHV will not be granted if they know that there is a possibility you don't get back to your country. I've heard you need to satisfy them by showing reasons that you have something in your country to return and you'll be in your home when your visa expires. that's why we don't want to declare we are married! I am thinking if she declares her as single in WHV forms, it's not a lie! Any idea? Link to comment Share on other sites More sharing options...
MaggieMay24 Posted August 19, 2014 Share Posted August 19, 2014 You're either married legally or you're not. In your first post you refer to her as your girlfriend and then she's your wife. Is your marriage legal? If it is, then lying on the application will land you in a heap of trouble. Link to comment Share on other sites More sharing options...
CollegeGirl Posted August 19, 2014 Share Posted August 19, 2014 Are you legally married or not? There is nothing in the WHV that says you can't be married. Why would you lie about it and risk having the partner visa application rejected? Link to comment Share on other sites More sharing options...
amirpalang Posted August 19, 2014 Author Share Posted August 19, 2014 Are you legally married or not? There is nothing in the WHV that says you can't be married. Why would you lie about it and risk having the partner visa application rejected? Sorry for confusion! We got married in a church overseas in front of priest and all the guests (50 people) but have not registered it in any civil/registry office. We just have a marriage certification from the church which I am not sure how valuable it is(so I assume we are not legally married) I am concerned about mentioning married in WHV app and then they ask where does your husband live. So that once they find out that I live in Australia, they may refuse to grant that visa and suggest to apply for Partner visa directly which I am not after at this stage(because of long processing time). Link to comment Share on other sites More sharing options...
MaggieMay24 Posted August 19, 2014 Share Posted August 19, 2014 You need to sort out whether you are legally married or not, as that will determine what marital status she puts on her WHV application. Whether the marriage is legal or not will depend on the laws of the country where the marriage took place. I'd suggest you verify this with the celebrant and/or the registry office. Link to comment Share on other sites More sharing options...
amirpalang Posted August 19, 2014 Author Share Posted August 19, 2014 I just asked my wife, she said we are not legally married as we haven't done civil registration. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted August 19, 2014 Share Posted August 19, 2014 If she's correct, then she can declare herself as single. If she's mistaken, then she will have a problem. Link to comment Share on other sites More sharing options...
amirpalang Posted September 27, 2014 Author Share Posted September 27, 2014 So she finally got her WHV (462) with "No Further Stay" condition. We are going to register our marriage asap in Sydney and prepare sharing/partnership evidences. How long should we live together before lodging 309 visa? Also since she is here on WHV, should she stay overseas waiting for 309 to be granted when WHV expires after 1 year? or there is a bridging visa that allow her to stay in Oz till she get 309? Appreciate your help. Link to comment Share on other sites More sharing options...
lebourvellec Posted September 27, 2014 Share Posted September 27, 2014 Bridging visas are only for visa applications applied onshore, having a no further stay condition prevents any onshore applications. Link to comment Share on other sites More sharing options...
amirpalang Posted September 27, 2014 Author Share Posted September 27, 2014 Bridging visas are only for visa applications applied onshore, having a no further stay condition prevents any onshore applications. Thank you my friend. It gonna be a pain for us... Does anyone know how long we should live together in Oz before lodging 309 visa? We'd like to lodge asap as she is here on 1 year WHV and apparently processing time for 309 is at least 12 month! (We have been in long distance relationship for 9 months already, visited each other few times overseas) Link to comment Share on other sites More sharing options...
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