PMV or De-Facto

[Lever40]

Hi,

 

Im from NI and my Gf is from Melbourne. We've been together roughly 2.5 years of which the first year of I lived in oz , then few months later she came over to NI for 6 weeks and then another few months after that I went back to oz for 3 months and just back from another month in oz, she will be coming over again for about 6-8 weeks at christmas time.

 

Question I have is would it be better for us to go down the PMV route which can take anything from a few months to over a year which isnt ideal for planning purposes or do we chose the De-Facto route which is quicker but possibly harder?

 

I know for the De-Facto we do not have to have lived together for a year because I have not lived in oz for a duration of our relationship but is it harder to prove that it is a genuine relationship.

 

We have also been told to register our relationship with the Victorian BDM which we are currently doing.

 

Thanks for any advice.

[wrussell]

Hi,

 

Im from NI and my Gf is from Melbourne. We've been together roughly 2.5 years of which the first year of I lived in oz , then few months later she came over to NI for 6 weeks and then another few months after that I went back to oz for 3 months and just back from another month in oz, she will be coming over again for about 6-8 weeks at christmas time.

 

 

Question I have is would it be better for us to go down the PMV route which can take anything from a few months to over a year which isnt ideal for planning purposes or do we chose the De-Facto route which is quicker but possibly harder?

 

I know for the De-Facto we do not have to have lived together for a year because I have not lived in oz for a duration of our relationship but is it harder to prove that it is a genuine relationship.

 

We have also been told to register our relationship with the Victorian BDM which we are currently doing.

 

Thanks for any advice.

 

There are considerable advantages to applying onshore, but certain risks in doing so from a visitor visa.

Without undertaking a full assessment of you case, it is not possible to offer a considered professional opinion.

May I suggest that you consult a registered migration agent for advice about developing a visa strategy?

[Lever40]

There are considerable advantages to applying onshore, but certain risks in doing so from a visitor visa.

Without undertaking a full assessment of you case, it is not possible to offer a considered professional opinion.

May I suggest that you consult a registered migration agent for advice about developing a visa strategy?

Hi,

 

Could you point me in the direction of one that youd recommend please?

 

Thanks for the advice

 

Sent from my SM-G900I using Tapatalk

[MaggieMay24]

Hi,

 

Could you point me in the direction of one that youd recommend please?

 

Thanks for the advice

 

Sent from my SM-G900I using Tapatalk

 

Lever40, you've posted your question in the Ask An Agent section of the forum and you had a response from a migration agent. If you're looking for a migration agent to arrange a consultation with, perhaps you can consider the one who responded to your question.

[Michael Arch]

To amplify a bit on points previously made by WRussell:

 

1. The processing times for a Prospective Marriage visa are variable from case-to-case but my own experience is that it will be longer than "a few months"; of course a carefully prepared and supported visa application can facilitate the Department's review, reduce the need for the Department to issue requests for information and can thus "speed up" the process.

 

2. Yes it can definitely be helpful to register a de facto relationship under the law of an Australian State or Territory. There is a requirement under regulation 2.03A(b) that, in the absence of "compelling and compassionate circumstances", a visa may not be granted on the basis of a de facto relationship (including a partner visa) unless the relationship has been in existence for at least the 12 month period immediately before the application. There is no legislative requirement that you must have lived together for the 12 month period prior to lodging the visa application, the requirement is that the de facto relationship must have been in existence. However, under section 5CB of the Migration Act de facto partners cannot have lived separately and apart on a permanent basis. The advantage to registering a relationship is that if you do this, then the requirement that the relationship must have been in existence for 12 months does not apply.

 

3. It is always a good idea to seek sound advice about which specific visa pathway is most appropriate to your particular circumstances, as others on this thread have indicated.