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Visa advice - spousal or working holiday??


AussieCaz

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Hi everyone

Looking for some advice on the best approach to get my partner an Australian visa.

We're currently living in the UK, I'm an Aussie and we're thinking of moving to Brisbane in a couple of years.

We're getting married in April 2016 so could apply for a spousal visa. Can anyone tell me the approximate processing time if we were to apply in the UK? I have heard approx 12-18 months. Would it be easier/quicker for him to initially go on a working holiday visa and then change to a spousal visa once in Australia?

 

Do people recommend using a visa agent or doing it independently?

 

Appreciate any advice

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I think most applicants for a spouse visa will do it independently.

 

No it is no easier to apply from Australia, it is just the same in terms of easiness. It is a slower processing time too, as you are thinking of moving in a couple of years you would be much better off applying say one year in advance.

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As ever it is always recommended to run this past an agent.

 

This is a common question and it comes with an issue. When a person enters Australia on a visa they must intend to enter to engage in the activities that the visa specifies. Going on a WHV is a little bit of a grey area because your partner won't actually be on a working holiday, they'll just living there while married to you.

 

That being said, lots of people have done it and got away with it, but it's not strictly the correct thing to do.

 

Will you be getting married in the UK or Australia?

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Thanks for the replies, we will be getting married in Australia.

 

That may make things easier for you. Have a chat with a registered agent and I'm sure they will be able to formulate a good plan for you. I wouldn't recommend risking doing this without an agent under the circumstances.

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Thanks very much. We have heaps of time but thought best to start planning ahead.

Now the next question.. anyone recommend a good immigration agent?

@Alan Collett at Go Matilda is one that is frequently mentioned and he is a regular contributer to the forum also. I think he's based in Southampton.

 

But if you choose anybody else, make sure you use the agent finder on http://www.mara.gov.au

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I'd go the partner visa from the off. Full work rights and not limited to 6 months with an employer as would happen on a WHV. Why make migrating more of a trial for your partner than it needs to be. If they qualify for a partner visa, apply for it and work the timings out so it fits in with your planned move.

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Forgot to say, barring convictions or serious health issues a partner visa is really straighforward. Most people do their applications themselves.

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Thanks very much. We have heaps of time but thought best to start planning ahead.

Now the next question.. anyone recommend a good immigration agent?

 

You generally do not need a migration agent for a partner visa. These applications are almost always done without an agent, unless there are any issues (health, criminal record) you are worried about in particular?

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Being married is not a condtion of applying for a partner visa. It is not a 'spouse visa' its a partner visa. They recognise couples, de facto, married.

 

So long as you meet the requirements for the partner visa your partner can apply.

 

It currently takes 10-14 months applying off shore so you could easily tie it in with a move in a couple of years to validate and move at the same time.

 

Applying on shore off the back of a WHV would be an awkward way to go about it as the bridging visa for the partner visa application would only kick in once the WHV expires (which would take a year) and in the meantime your partner would be stuck with the WHV conditions, which are hardly ideal for a couple migrating. Things like a longer term job would be nigh on impossble to come by due to the 6 months with each employer condition on a WHV.

 

Read this site. Click through and read the linked pages that apply. An off shore application from the UK would be processed via here. I'd refer to this first. It has a lot of information not given on the Aus border website (which is far more general). You can apply online.

 

http://uk.embassy.gov.au/lhlh/immi_partner.html

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The other thing to bear in mind is for you to get UK citizenship before you leave - if you're eligible! Getting back in might be a challenge once you've given up your ILR

 

I second that! I, like a lot of people, assumed it would be easy to get my husband of 10 years into the UK - it wasn't easy at all!!!!

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