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HibiscusDreams

300 - Prospective Marriage visa query

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Hi all,

First post here. Our situation is a little unusual in that we are a same sex couple - with me from the UK and my better half Australian. We are living apart at the moment but plan for me to relocate from Merrie Olde England to NSW. We wish to marry so are hoping that SSM legislation will be passed soon to enable this, and are currently making tentative plans based on the assumption that legislation will pass and as far as immigration is concerned will mean the same rules currently applying to straight couples for fiancee and marriage visas will also apply to us.

Following on this assumption, I'm a bit confused / surprised about the Class 300 visa. Do citizens of all countries who enter Australia to marry have to apply for the 300 before arriving, or is this only for citizens of countries that cannot use the e-visitor system? Most countries allow people to enter for weddings quite freely, usually on a regular social visit/holiday/family visit visa, then afterwards to apply for the main partner/residency visa. Is this not the case in Australia? We want to do everything strictly legally to avoid any issues, and so will start down this road as soon as we can if need be, but wanted to check to ensure we don't plan for needless expense and paperwork on a visa we don't need. 

Thanks for putting up with my ramblings!

Jasmin

 

 

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Depending on the status of your current relationship, is a partner visa on de facto basis an option?  It would be quicker in the long run for getting to PR status, but it does require a lot more evidence.

Regarding the 300 visa, you must be outside Australia at the time of application and also at the time of grant.  The visa lasts only 9 months and during that time you need to (in this order) enter Australia, marry (marriage can be overseas) and then apply for the partner visa.  Once you lodge the application for the 820 (onshore) partner visa, you are given a bridging visa that will take effect when the 300 expires and allows you to remain in Australia while the partner visa is being processed.  The bridging visa comes with work rights..

The option to enter on an e-visitor and then marry and apply straight for the 820 visa is another option however the e-visitor is granted on the assumption that any travel to Australia is temporary so entering with other intentions is really not the way the e-visitor is supposed to work and there's always the risk that DIBP will not allow you to enter. 

Entering on an e-visitor visa, marrying and then applying for the 309 (off-shore) visa is also an option but you don't get a bridging visa.

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Thanks for your thoughts, @MaggieMay24. Alas we don't have sufficient evidence to go for a defacto. We're doing what we can to bolster our "credibility" as a couple but we just don't have the cohabitation time requirement - which ironically could only be met by going for the visas that have that very requirement as a prerequisite :(

Obviously our relationship is paramount and though E-visitor would make life so much easier financially and logistically I'm loathe to do anything that would jeopardise our being able to be together. Our initial assumption was that once the  legislation is updated we'd do exactly what you say above - enter on an E-visitor (as I usually do), have our wedding and put in straight for the 820.

 

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2 hours ago, HibiscusDreams said:

Thanks for your thoughts, @MaggieMay24. Alas we don't have sufficient evidence to go for a defacto. We're doing what we can to bolster our "credibility" as a couple but we just don't have the cohabitation time requirement - which ironically could only be met by going for the visas that have that very requirement as a prerequisite :(

Obviously our relationship is paramount and though E-visitor would make life so much easier financially and logistically I'm loathe to do anything that would jeopardise our being able to be together. Our initial assumption was that once the  legislation is updated we'd do exactly what you say above - enter on an E-visitor (as I usually do), have our wedding and put in straight for the 820.

 

You can do just that 

enter on an E-visitor (as I usually do), have our wedding and put in straight for the 820.

But its about the intent when you enter. At the border, if they ask you about your intent, then if you are just intending to go there, get married, leave again and apply offshore, thats fine. Or even if your intent is just to enter and have a holiday, thats fine. Once you are onshore you are at liberty to change your minds, get married, apply onshore etc. But if DIBP interview you on entry they can technically refuse you if they think you plan to stay permanently.

Entering through an airport with e-gates helps as you can often even avoid talking to DIBP!

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First of all, congratulations, and fingers crossed that the legislation goes ahead (about time)!

I just want to add one thing, just in case - the good thing about the Prospective Marriage Visa (300) is that once you obtain it, you have the right to work in Australia, which you wouldn't have if you came and married in Oz on an e-visitor visa. The downsize of course is the cost and the processing time, and the fact you have to be offshore when it's lodged and when it's granted (but you can come as a visitor in between!).

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13 hours ago, TheWayOfThePony said:

First of all, congratulations, and fingers crossed that the legislation goes ahead (about time)!

I just want to add one thing, just in case - the good thing about the Prospective Marriage Visa (300) is that once you obtain it, you have the right to work in Australia, which you wouldn't have if you came and married in Oz on an e-visitor visa. The downsize of course is the cost and the processing time, and the fact you have to be offshore when it's lodged and when it's granted (but you can come as a visitor in between!).

Thank you! :) - Looking hopeful at the moment, but we won't start breathing again until the ink is dry on the law! Auspol is nothing is not full of intrigue and suprises. I remember the BBC once had an article saying if a film was made about modern Australian politics it'd have to be X rated and directed by Quentin Tarantino - they weren't wrong...

15 hours ago, Nemesis said:

You can do just that 

enter on an E-visitor (as I usually do), have our wedding and put in straight for the 820.

But its about the intent when you enter. At the border, if they ask you about your intent, then if you are just intending to go there, get married, leave again and apply offshore, thats fine. Or even if your intent is just to enter and have a holiday, thats fine. Once you are onshore you are at liberty to change your minds, get married, apply onshore etc. But if DIBP interview you on entry they can technically refuse you if they think you plan to stay permanently.

Entering through an airport with e-gates helps as you can often even avoid talking to DIBP!

That is a huge relief. My concern would be that they would require proof of a Class 300 visa before they would sign off on the marriage certificate, or would demand evidence of a 300 before accepting an application for an 820. Being able to do this would make our lives *so* much easier. Touch wood I've never been questioned by DIBP - just straight through the E-gates.

If anyone has gone down this road (E-visitor and straight to 820) I'd love to hear your story, just for my own peace of mind - I'm hoping to live with my partner in Oz, not have her visit me in Nauru! :D

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Could your partner not come and live with you in UK to get the cohabitation requirements out of the way then apply for a de facto? Might be quicker in the long run and you don’t run the risk of being turned back at the border. Lying to DIBP about your intentions is never a smart move.

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41 minutes ago, Quoll said:

Could your partner not come and live with you in UK to get the cohabitation requirements out of the way then apply for a de facto? Might be quicker in the long run and you don’t run the risk of being turned back at the border. Lying to DIBP about your intentions is never a smart move.

On what visa though? Tourist visa would only give them 6 months

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1 hour ago, Quoll said:

Could your partner not come and live with you in UK to get the cohabitation requirements out of the way then apply for a de facto? Might be quicker in the long run and you don’t run the risk of being turned back at the border. Lying to DIBP about your intentions is never a smart move.

We did consider it. The problem is the visa issue and also work. We both work but neither of us are super well paid which makes it hard to go a year without work, especially if both our jobs are getting disrupted (her coming here for a year, then mine when I make the move), and her chances of getting back into her same role (not high paid, but a secure public sector job with good medical/retirement benefits). Another issue is that though I've lived and worked abroad before all over the place, she hasn't travelled outside of Australia before. It's a shame that neither side let's visitors / tourists work as that'd would make everyones lives so much easier! 

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1 hour ago, HibiscusDreams said:

We did consider it. The problem is the visa issue and also work. We both work but neither of us are super well paid which makes it hard to go a year without work, especially if both our jobs are getting disrupted (her coming here for a year, then mine when I make the move), and her chances of getting back into her same role (not high paid, but a secure public sector job with good medical/retirement benefits). Another issue is that though I've lived and worked abroad before all over the place, she hasn't travelled outside of Australia before. It's a shame that neither side let's visitors / tourists work as that'd would make everyones lives so much easier! 

She might be able to get a career break from a public service job and there is a 2 year visa for young people going to UK if she is under 30 or if she has a UK born grandparent then the Ancestry visa is a doddle

Edited by Quoll

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She wouldn't qualify on age or ancestry grounds unfortunately, her family were already established in Aus in the 19th century and neither of us are fortunate enough to be under 30 - those were the days! Young and carefree...

 

 

 

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Thinking of the work. The career break would be good if we have no alternative - thanks for that brainwave! However I main problem would be that my better half would need to be here for a year and not able to work - so we'd be stuck on one income whilst trying to save for both the visa fees, wedding etc :(

 

 

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On 11/13/2017 at 10:18, HibiscusDreams said:

Thanks for your thoughts, @MaggieMay24. Alas we don't have sufficient evidence to go for a defacto. We're doing what we can to bolster our "credibility" as a couple but we just don't have the cohabitation time requirement - which ironically could only be met by going for the visas that have that very requirement as a prerequisite :(

Obviously our relationship is paramount and though E-visitor would make life so much easier financially and logistically I'm loathe to do anything that would jeopardise our being able to be together. Our initial assumption was that once the  legislation is updated we'd do exactly what you say above - enter on an E-visitor (as I usually do), have our wedding and put in straight for the 820.

 

To apply on a de facto basis, it's not mandatory that you've lived together for 12 months, just that you've been in a de facto relationship for that much time.  But it would be good to have the assistance of a migration agent if you want to apply without the 12 months of cohabitation.

The outcome of the postal survey will be announced in about 90 minutes and that may give a good indication of which way the SSM legislation will go and hopefully the 300 visa will become an option for you.

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7 hours ago, HibiscusDreams said:

No need for defacto anymore!

Its not law yet though, this is only the first hurdle and is not legally binding.

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Oh yeah, I know what you mean - but this does make legislation all but inevitable, the real fight now is over if/how much they to kill of anti-discrimination legislation as "payback" - but looking good :)

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I'm going for the Pmv 300, we looked at every which way we could to speed up the process including entering on an e visitor visa , but as I have children was not really an option , plus the risk of getting turned away and getting a black mark against our names or ban just wasn't worth the risk for us. Plus it seems that some Pmvs are going through in a matter of months

Have you spoken to an immigration solicitor? Fingers crossed the new laws come in soon ?? Congratulations tho hope it all works out ❤️❤️Xx

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Hi Angelpie,

I know what you mean about waiting time - though for us it's not too much of a burden. We are hoping to tie the knot in about 12 months. The main issue for us is financing it. Virtually all my money is tied up in my house, so until I sell up we are definitely hard up - finding $7k for the visa along with the other costs *before*  selling up in the UK would be a major stretch, and why we were hoping the E-visitor would be viable... but like you the thought of being banned is just horrible - the whole reason for this is to be with someone I love, and risking that is scary.

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Just to update you all - thanks for all your advice. Me and s/o talked it over the other night, and we've decided to put in for a 300 once the law is updated :) Fingers crossed processing time won't be too long, as we're hoping to have our big day in October!

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Woop woop! With any luck it won't take too long. I've seen several subclass 300s lodged in London and  processed in 3-5 months this year, mine included :)  Keep us posted!

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sweet - that's good to hear! Fingers crossed we'll get the legislation though soon too. I'm hoping to put in for it by March, as it'll take till then to get the money sorted I think. Is it possible to put in all the paperwork before paying the fee - or does it all have to be done at the same time?

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1 hour ago, HibiscusDreams said:

sweet - that's good to hear! Fingers crossed we'll get the legislation though soon too. I'm hoping to put in for it by March, as it'll take till then to get the money sorted I think. Is it possible to put in all the paperwork before paying the fee - or does it all have to be done at the same time?

No, you start the application,  pay the fee, and then get the opportunity to upload documents. So you can get it all ready beforehand, but not upload it.

There is a limit of 60 documents, so try and combine things where possible - eg several financial documents on one PDF.

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On 27/11/2017 at 15:21, HibiscusDreams said:

Just to update you all - thanks for all your advice. Me and s/o talked it over the other night, and we've decided to put in for a 300 once the law is updated :) Fingers crossed processing time won't be too long, as we're hoping to have our big day in October!

Hi hibiscusdreams

will keep everything crossed for you ?? We to are hoping to get married next October on the 31st

ive done the online Pmv forms and re written them several times lol and uploaded most of the other info etc ( just need to figure out how to combine documents, computers are not my friends ??) so all I'm waiting for are my friends stat decs n we are good to 

plus thanks to this fantastic forum I've found out about things I need to do like registering kids court orders before the visa process is almost finished & saving us extra months , which no solicitor, court or Australia house has ever advised me. 

Look forward to hearing your updates ❤️❤️ Xxx

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On 12/11/2017 at 21:34, MaggieMay24 said:

Depending on the status of your current relationship, is a partner visa on de facto basis an option?  It would be quicker in the long run for getting to PR status, but it does require a lot more evidence.

Regarding the 300 visa, you must be outside Australia at the time of application and also at the time of grant.  The visa lasts only 9 months and during that time you need to (in this order) enter Australia, marry (marriage can be overseas) and then apply for the partner visa.  Once you lodge the application for the 820 (onshore) partner visa, you are given a bridging visa that will take effect when the 300 expires and allows you to remain in Australia while the partner visa is being processed.  The bridging visa comes with work rights..

The option to enter on an e-visitor and then marry and apply straight for the 820 visa is another option however the e-visitor is granted on the assumption that any travel to Australia is temporary so entering with other intentions is really not the way the e-visitor is supposed to work and there's always the risk that DIBP will not allow you to enter. 

Entering on an e-visitor visa, marrying and then applying for the 309 (off-shore) visa is also an option but you don't get a bridging visa.

Hi I just saw a post from my friend who's a wedding celebrant that the law has been passed!!! ❤️❤️❤️ Xx

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On 15/11/2017 at 00:07, HibiscusDreams said:

No need for defacto anymore!

 

On 12/11/2017 at 19:08, HibiscusDreams said:

Hi all,

First post here. Our situation is a little unusual in that we are a same sex couple - with me from the UK and my better half Australian. We are living apart at the moment but plan for me to relocate from Merrie Olde England to NSW. We wish to marry so are hoping that SSM legislation will be passed soon to enable this, and are currently making tentative plans based on the assumption that legislation will pass and as far as immigration is concerned will mean the same rules currently applying to straight couples for fiancee and marriage visas will also apply to us.

Following on this assumption, I'm a bit confused / surprised about the Class 300 visa. Do citizens of all countries who enter Australia to marry have to apply for the 300 before arriving, or is this only for citizens of countries that cannot use the e-visitor system? Most countries allow people to enter for weddings quite freely, usually on a regular social visit/holiday/family visit visa, then afterwards to apply for the main partner/residency visa. Is this not the case in Australia? We want to do everything strictly legally to avoid any issues, and so will start down this road as soon as we can if need be, but wanted to check to ensure we don't plan for needless expense and paperwork on a visa we don't need. 

Thanks for putting up with my ramblings!

Jasmin

 

 

Hi jasmine have just seen a post from my friend who is a wedding celebrant the law has been passed ❤️❤️❤️ Congratulations you can hopefully go for it now!!! ❤️❤️❤️ Xxx

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