Biker Dave Posted August 25, 2014 Share Posted August 25, 2014 Hi, I'm new to this forum. This is my situation. I am 67, a UK citizen living in Spain. My lady is 66 and resident in Australia. I appreciate there are many hoops to jump through and a long wait before I can come here to live with her. First things first. Can I get married to her here while visiting on a tourist visa rather than apply for a Prospective Marriage (300) visa and wait for 10 - 14 months? Is it better to do this ( i.e get married here) and then apply for a Partner Provisional (309) visa? There will be many more questions and I have found the forum extremely helpful in my research. Thanks in advance. Link to comment Share on other sites More sharing options...
blossom Posted August 25, 2014 Share Posted August 25, 2014 You can't get married and then apply for a prospective marriage visa. That one is for before you marry. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted August 25, 2014 Share Posted August 25, 2014 The advantage of the PMV is it requires a lot less evidence. If you're already married, you need to provide evidence of a joint life (financial, social, household, etc.) and if you are living in two different countries that's more difficult. If "here" is Australia, then depending on the visa you're currently visiting on, you may be able to lodge an 820 application and remain in Australia. Link to comment Share on other sites More sharing options...
wrussell Posted August 25, 2014 Share Posted August 25, 2014 Hi, I'm new to this forum. This is my situation. I am 67, a UK citizen living in Spain. My lady is 66 and resident in Australia. I appreciate there are many hoops to jump through and a long wait before I can come here to live with her. First things first. Can I get married to her here while visiting on a tourist visa rather than apply for a Prospective Marriage (300) visa and wait for 10 - 14 months? Is it better to do this ( i.e get married here) and then apply for a Partner Provisional (309) visa? There will be many more questions and I have found the forum extremely helpful in my research. Thanks in advance. It would probably be a good idea for you to consult a registered migration agent for advice about the visa strategies that are open to you. Link to comment Share on other sites More sharing options...
Biker Dave Posted August 25, 2014 Author Share Posted August 25, 2014 Thanks Blossom. I knew that.:wink:. I am sifting through lots of stuff and have to accept that the soonest we can be together here in Australia is going to be a couple of years!!! Link to comment Share on other sites More sharing options...
Biker Dave Posted August 25, 2014 Author Share Posted August 25, 2014 Thanks MaggieMay. I was wondering how we can prove we live together as a married couple when I can't stay in Australia for a reasonable amount of time. Link to comment Share on other sites More sharing options...
blossom Posted August 25, 2014 Share Posted August 25, 2014 Thanks Blossom. I knew that.:wink:. I am sifting through lots of stuff and have to accept that the soonest we can be together here in Australia is going to be a couple of years!!! Doh, totally misread your post lol. That'll teach me to reply in a rush. :-) Link to comment Share on other sites More sharing options...
Guest Posted August 25, 2014 Share Posted August 25, 2014 Personally, I'd go the PMV route as it's at most 14 months till grant and you can be on a plane a week later. Then remain in Aus after marrying while waiting for your spouse visa (which is usually pretty quick as I understand it). It's also IMHO the correct visa to apply for if you don't meet the de facto requirements and are currently living in different countries. I think marrying in Aus on a tourist visa is possible but remaining there to apply for a spouse visa after that perhaps isn't so straightforward. (Hence the PMV). You may well end up out of the country having to apply (a migration agent can steer you right there). Link to comment Share on other sites More sharing options...
Quinkla Posted August 25, 2014 Share Posted August 25, 2014 You can come to Australia on a tourist visa, get married and then apply onshore for a partner visa. However, you would not be able to bring your life's possessions with you until you have got married. You would remain in Australia on a bridging visa whilst your application is processed and be unable to leave Australia whilst the birding visa is in force. Alternatively, you could apply for a PMV and travel to Australia on a tourist visa whilst you wait for the grant, leaving as necessary to avoid overstaying and in order to get the grant. You may well find a migration agent helpful if you are wanting to find the best way to avoid 14 months of separation. You should also be aware that although the UK state pension is still paid to Brits in Australia, it does not increase in line with inflation but is frozen. You would want to have some alternative form of income. Link to comment Share on other sites More sharing options...
CollegeGirl Posted August 25, 2014 Share Posted August 25, 2014 You can come to Australia on a tourist visa, get married and then apply onshore for a partner visa. However, you would not be able to bring your life's possessions with you until you have got married. You would remain in Australia on a bridging visa whilst your application is processed and be unable to leave Australia whilst the birding visa is in force. Alternatively, you could apply for a PMV and travel to Australia on a tourist visa whilst you wait for the grant, leaving as necessary to avoid overstaying and in order to get the grant. You may well find a migration agent helpful if you are wanting to find the best way to avoid 14 months of separation. You should also be aware that although the UK state pension is still paid to Brits in Australia, it does not increase in line with inflation but is frozen. You would want to have some alternative form of income. Not quite the case that he can't leave the country during the processing of the 820, if he applies onshore. The BVA comes with full work rights, fully study rights, and the ability to apply for a BVB in order to travel for up to six months at a time during the processing of the visa, typically, for about $150. It used to be they were stern about it and you had to have a good reason to leave the country, but that's no longer the case now that processing times have skyrocketed. Even trips for holidays are approved now. OP, here's what it boils down to. If you go to Aus on an eVisitor in order to do some touristy things (You need to be a tourist in order to go over on a tourist visa), you can then decide to get married while you're there. Generally eVisitors only allow three-month stays at a time (as I understand it). Even when you apply for a partner visa while married, it's generally recommended to live together for a few months at the bare minimum in order to have adequate evidence of living together, joint finances, etc. when you apply. Also, you have to apply to BDM in advance of getting married - I think a month in advance? And it will take some time after your marriage to receive your official marriage certificate from BDM. It is POSSIBLE to do things this way, but quite honestly it will be very stressful and there is no guarantee you'll wind up with adequate evidence after three months. You could theoretically go offshore for a bit and then come back onshore on your eVisitor again, but if you haven't been out of the country for a while it's possible (not necessarily likely, but possible) that they might give you a hard time about coming back in again. The PMV is the visa that's intended for exactly what you want to do - I really think you'd be better off going that route, and then using an eVisitor to lessen some of the time you spend apart while it's processing. Link to comment Share on other sites More sharing options...
Biker Dave Posted August 27, 2014 Author Share Posted August 27, 2014 Not quite the case that he can't leave the country during the processing of the 820, if he applies onshore. The BVA comes with full work rights, fully study rights, and the ability to apply for a BVB in order to travel for up to six months at a time during the processing of the visa, typically, for about $150. It used to be they were stern about it and you had to have a good reason to leave the country, but that's no longer the case now that processing times have skyrocketed. Even trips for holidays are approved now. OP, here's what it boils down to. If you go to Aus on an eVisitor in order to do some touristy things (You need to be a tourist in order to go over on a tourist visa), you can then decide to get married while you're there. Generally eVisitors only allow three-month stays at a time (as I understand it). Even when you apply for a partner visa while married, it's generally recommended to live together for a few months at the bare minimum in order to have adequate evidence of living together, joint finances, etc. when you apply. Also, you have to apply to BDM in advance of getting married - I think a month in advance? And it will take some time after your marriage to receive your official marriage certificate from BDM. It is POSSIBLE to do things this way, but quite honestly it will be very stressful and there is no guarantee you'll wind up with adequate evidence after three months. You could theoretically go offshore for a bit and then come back onshore on your eVisitor again, but if you haven't been out of the country for a while it's possible (not necessarily likely, but possible) that they might give you a hard time about coming back in again. The PMV is the visa that's intended for exactly what you want to do - I really think you'd be better off going that route, and then using an eVisitor to lessen some of the time you spend apart while it's processing. Thank you College Girl. Good advice. Link to comment Share on other sites More sharing options...
Quoll Posted August 27, 2014 Share Posted August 27, 2014 Thanks MaggieMay. I was wondering how we can prove we live together as a married couple when I can't stay in Australia for a reasonable amount of time. Perhaps your lady can come and live with you so that you can prove your relationship. Link to comment Share on other sites More sharing options...
Biker Dave Posted August 27, 2014 Author Share Posted August 27, 2014 Perhaps your lady can come and live with you so that you can prove your relationship. In Spain she would have to get Residencia to be recognised and get on the Spanish health system SIPS. If you stay more than 183 days in Spain in one year you have to by law become a resident. She would also need to open a Spanish bank account. Everything over there is in my name and as I will be selling my villa and car to come to Australia it really is not worth it. Thanks for your suggestion. Link to comment Share on other sites More sharing options...
hasanjavied1 Posted August 27, 2014 Share Posted August 27, 2014 are you marrying her for visa? cant she live in spain with you from how long you are living in spain is she the dependent one or you are and if she is the dependent one on you do u think that at this age u want to leave that place where u have more contacts then her. think about it Link to comment Share on other sites More sharing options...
Biker Dave Posted September 30, 2014 Author Share Posted September 30, 2014 Thank you for all your advice. I know it's the more expensive route but we have discussed this and we think it's best for me to apply for a PMV when I return to Spain next month. It will take 10-14 months for the visa to be granted but I have to sell my villa in Spain in the meanwhile and get my UK and Spanish CRB checks done when they ask for them. My medical can also be done in Spain I guess. When granted I will come over and we will get married. I will then apply for the Partner Provisional Visa. Can anyone confirm if I will have a problem getting a Partner Provisional visa because of my age (67). As far as I know I am in excellent health. TIA Link to comment Share on other sites More sharing options...
Biker Dave Posted September 30, 2014 Author Share Posted September 30, 2014 are you marrying her for visa?cant she live in spain with you. No her grandchildren are here. from how long you are living in spain. 3 years is she the dependent one or you are and if. She is not the dependent one we are equal. she is the dependent one on you do u think that at this age u want to leave that place where u have more contacts then her. think about it What age? 67 is young. What makes you think I have more contacts in Spain than Australia. In fact it is the opposite. Link to comment Share on other sites More sharing options...
wrussell Posted September 30, 2014 Share Posted September 30, 2014 Thank you for all your advice. I know it's the more expensive route but we have discussed this and we think it's best for me to apply for a PMV when I return to Spain next month. It will take 10-14 months for the visa to be granted but I have to sell my villa in Spain in the meanwhile and get my UK and Spanish CRB checks done when they ask for them. My medical can also be done in Spain I guess. When granted I will come over and we will get married. I will then apply for the Partner Provisional Visa. Can anyone confirm if I will have a problem getting a Partner Provisional visa because of my age (67). As far as I know I am in excellent health. TIA A partner visa cannot be refused for age. A large age difference might raise an issue. You seem to be planning to proceed in a manner that is not optimal. All the best Link to comment Share on other sites More sharing options...
Quinkla Posted October 1, 2014 Share Posted October 1, 2014 A partner visa cannot be refused for age. A large age difference might raise an issue. You seem to be planning to proceed in a manner that is not optimal. All the best i agree with Westly, if you are over retirement age and work rights are not an issue, you could come over on a tourist visa, marry and then put in for an onshore partner visa. By the bye, it is a disgrace that partner visas take so long to grant as Australians should be able yo choose whichever partners they want. Long visa processing times just encourages creative visa applications. Link to comment Share on other sites More sharing options...
Biker Dave Posted October 1, 2014 Author Share Posted October 1, 2014 A partner visa cannot be refused for age. A large age difference might raise an issue. You seem to be planning to proceed in a manner that is not optimal. All the best Thanks Westly. What would you do in my case? TIA. Link to comment Share on other sites More sharing options...
Biker Dave Posted October 1, 2014 Author Share Posted October 1, 2014 i agree with Westly, if you are over retirement age and work rights are not an issue, you could come over on a tourist visa, marry and then put in for an onshore partner visa. By the bye, it is a disgrace that partner visas take so long to grant as Australians should be able yo choose whichever partners they want. Long visa processing times just encourages creative visa applications. Thanks Quinkla. Link to comment Share on other sites More sharing options...
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