arkansasgoneaussie11 Posted January 7, 2015 Share Posted January 7, 2015 For anyone taking the time to read this and potentially offer advice thank you. I do appreciate it. So i am currently on a work holiday visa without a no further stay restriction. My original plan was to change over to a defacto spouse visa. Everything was on track until without notice that i was able to receive, the visa went up 2000$ and i have absolutely no way of getting it except possibly (VERY SLIGHT CHANCE) That i may get it 3 days before my visa expires. I have doubts that my fiance could meet sponsor requirements making roughly 300-400 a week on technically casual work. But i have no specific other choice on this. I have been told it is okay to do a defacto visa while onshore from a work holiday visa by several people who have done this, and who have legal advising experience but i feel as if it looks bad and squashes our chances. My new emergency option i have come up with is that if i don't get the money i can fly to New Zealand on a 12 month work visa and apply for a prospective marriage visa there, then upon approval come back to Australia, the problem with this is 6 months is a long time away from the woman i love. Although this 6 months gives my fiance time to get better work, and also i believe coming in on a prospective marriage visa announcing the intention seems much more credible to visa officials. My work holiday visa is already approved for NZ and all i need is insurance and a flight. In short if i wait for the visa funds to try the spouse visa onshore, i am unsure that it will go through. Although i have been told it is okay, and should go fine. Although going to New Zealand means backpacking without a sure place to stay due to the funds going to the prospective marriage visa, and the time away would be hard. But i feel like it is a much more sure way. Any advice would be appreciated. I have spent the last two years dealing with visas, flights, paperwork etc. Like many of you here, have and are. So i'm sure you understand the mental strife i am going through. Currently i have 3 weeks until i have to leave. So i need to figure out what to do so if i need to get my insurance done soon i can. Thanks for any advice that i receive. I am finally exhausted and at a loss. Link to comment Share on other sites More sharing options...
blossom Posted January 7, 2015 Share Posted January 7, 2015 There is nothing wrong with applying onshore if you can. If I were you, I'd take your partner with you to nz (as by the sounds of the job isn't a tie) and apply from there once you have enough money. Wait it out together and come back together. Link to comment Share on other sites More sharing options...
arkansasgoneaussie11 Posted January 7, 2015 Author Share Posted January 7, 2015 Thanks for the advice Blossom79! I was concerned that my fiance may need to prove she has stable income to "sponsor me" for a Prospective Marriage visa, could she viably go with me without worry of that do you know? I had the thought but after days of looking into it i cannot find that info on any official site Link to comment Share on other sites More sharing options...
Ozmaniac Posted January 7, 2015 Share Posted January 7, 2015 Australia has no sponsor income requirements. Basically, if you can provide your partner/prospective partner with a roof over their head and financial support with settling in Australia, you meet the sponsorship obligations. As DIBP puts it... For a sponsor for a PM visa... As a sponsor, you must agree to accept responsibility for: all financial obligations to the Commonwealth incurred by your fiancé arising from their stay in Australia; your fiancé(e)'s compliance with all relevant legislation and awards in relation to any employment they enter into in Australia your fiancé(e)'s compliance with the conditions of their Prospective Marriage visa. For a sponsor for a Partner visa... As a sponsor you must provide accommodation and financial support for your partner and their family for up to two years following visa grant or first entry into Australia including any period they take English language courses (if needed). Link to comment Share on other sites More sharing options...
CollegeGirl Posted January 7, 2015 Share Posted January 7, 2015 Do keep in mind that PMVs are not taking six months from any embassy I know of.. most 9-12 months or longer. If you're going by the 6 months quoted on the DIBP website, don't bother - it's not accurate. Link to comment Share on other sites More sharing options...
Quinkla Posted January 7, 2015 Share Posted January 7, 2015 For the sponsorship arrangement, DIBP want to avoid a situation where you end up unemployed, homeless and destitute. Migrants starving on the streets, robbing passers by to get money to buy food is not a good look. But nobody comes over with enough funds to last two years; and even an ongoing job these days is not secure. What DIBP will want to see is a credible plan. That means showing where you live; what income you have both been able to secure over the past year or so; what you think both your employment prospects might be; what you would do if anything went wrong. Note - they will be as interested in you and your prospects as in your partner's situation. The contingency plan might be simply to say how long you could support yourself on only one income; or to say that you could stay with your partner's parents for up to a month; or that you would consider moving to NZ or might consider moving as a couple to Arkansas. It just needs to sound credible. Also, make very sure that your personal statements reflect the amount of work and determination you have put in to make the situation work up to this point. You have not been deterred by your young age, lack of wealth or need for security. You have made it work so far by sheer strength of will; and you will continue to do so. Link to comment Share on other sites More sharing options...
arkansasgoneaussie11 Posted January 8, 2015 Author Share Posted January 8, 2015 So from everyone's opinion, would we be safe to both fly to New Zealand, await a visa decision for prospective marriage visa and it all work out? I know nothing is certain but some things are much less or more likely. We've talked all night and have been looking into everything, and we think that flying to New Zealand and trying for this prospective marriage visa would be the best way to go. We'll be making a decision tomorrow morning at the latest and just wanted to chime in one last time to see what everyone thinks about this option. Thank you all for this advice. It is literally saving me and keeping me calm in a very horrible time in my life. Link to comment Share on other sites More sharing options...
blossom Posted January 8, 2015 Share Posted January 8, 2015 Sure, if your plan is to get married anyway then the prospective marriage visa with you both in nz sounds the best option. If you were not wanting to get married so soon then maybe the partner visa. Link to comment Share on other sites More sharing options...
Raul Senise Posted January 8, 2015 Share Posted January 8, 2015 So from everyone's opinion, would we be safe to both fly to New Zealand, await a visa decision for prospective marriage visa and it all work out? I know nothing is certain but some things are much less or more likely. We've talked all night and have been looking into everything, and we think that flying to New Zealand and trying for this prospective marriage visa would be the best way to go. We'll be making a decision tomorrow morning at the latest and just wanted to chime in one last time to see what everyone thinks about this option. Thank you all for this advice. It is literally saving me and keeping me calm in a very horrible time in my life. In your first post you stated that you were planning on applying for a de facto visa (partner visa) while in Australia, but changed your mind due to the fee increase. You now state that you will fly to NZ and lodge a prospective marriage visa. Why not just lodge the de facto visa (partner visa) from New Zealand as the lodgement fee for an offshore application is cheaper. If you are granted a prospective marriage visa you still have to subsequently apply for a partner visa within 9 months. You may find obtaining some professional advice at this early stage may save you a lot of money during the process. Link to comment Share on other sites More sharing options...
Quinkla Posted January 8, 2015 Share Posted January 8, 2015 I think the OP has a number of issues: 1. he is young, broke and unskilled 2. his partner is also young and may be too young right now to get married 3. the couple have lived together for less than 12 months, although they have registered the relationship Although I had my doubts when the OP first started posting on this forum, I believe now that the relationship is genuine and the OP would move heaven and earth to make the realtonship work. But he does not have the money to get the professional advice he needs; his situation is not quite straightforward so it is difficult for ordinary members to offer advice; and he is at risk of taking bad decisions through lack of good advice. In a perfect world, a kind agent would offer him a pro bono 20 minute conversation to put him on the right tracks. Link to comment Share on other sites More sharing options...
arkansasgoneaussie11 Posted January 8, 2015 Author Share Posted January 8, 2015 Thanks to everyone for the advice I've received. Special thanks to the posters who have followed me through my almost 2 year journey thus far. To quickly respond to Quinkla i would mostly agree, I am young, broke and unskilled. We are not opposed to marriage and we've considered it, however we're both very convinced long time atheists and have absolutely no interest in the title, or the sentiment usually carried with it so from what we knew defacto seems to suit us better. And you're right about the 3rd. Yes we have had a long rocky road, with lots of unusual routes. I have gone from so anxiety ridden i couldn't and had never left my house, to flying here to Australia, and i'm proud of how far i've come. I've done everything i could possibly do and without this site i would not have had the tools to combine with my will to make a way. We've talked everything out and it seems as if New Zealand will be where our year is spent. We will leave next month and apply there for either a Prospective marriage visa or a defacto visa. A bit more research will be done on that detail and if i am able, i hope to get an immigration agent to help us while in NZ, something that has been painfully absent all this time. I will post updates along as we go, and i hope to when finished with everything post a final, journey from start to finish thread. Again i appreciate everyone's advice and i hope that those who are reading this going through something similar find help in this site, and this thread even. And that the folks that lend their time to help people get their reward 100 times over. Link to comment Share on other sites More sharing options...
Raul Senise Posted January 8, 2015 Share Posted January 8, 2015 I think the OP has a number of issues: 1. he is young, broke and unskilled 2. his partner is also young and may be too young right now to get married 3. the couple have lived together for less than 12 months, although they have registered the relationship Although I had my doubts when the OP first started posting on this forum, I believe now that the relationship is genuine and the OP would move heaven and earth to make the realtonship work. But he does not have the money to get the professional advice he needs; his situation is not quite straightforward so it is difficult for ordinary members to offer advice; and he is at risk of taking bad decisions through lack of good advice. In a perfect world, a kind agent would offer him a pro bono 20 minute conversation to put him on the right tracks. Thanks for the heads up, I was not aware of the background story. Considering that the lodgement fee for an onshore partner visa is now $6,865 (plus surcharge) I believe that that the cost of at least basic advice is warranted in many cases. Although I am happy to give basic advice over the phone, in a complicated situation such as this, I am of the opinion that a short phone call can often cause more confusion. It is difficult to obtain all of the necessary information, assess and then explain sometime complicated issues in such a short period of time. Link to comment Share on other sites More sharing options...
boganbear Posted January 8, 2015 Share Posted January 8, 2015 If you have registered your relationship in Australia the 12 month living together requirement for a de facto visa does not apply so you only have the problem of getting the money together and filling in your paperwork asap. Can you borrow money, put it on a credit card, get an overdraft, sell things on gumtree to get the fees? I wouldnt normally advocate doing this but desperate times call for desperate measures. You can then carry on as you are until a decision is made and it will be a lot less hassle and easier than going to NZ for god knows how long. Its a shame you didnt post this a few weeks ago as you could have got your application in before the fees went up in January. Link to comment Share on other sites More sharing options...
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