Where to start ?? Its overwhelming!

[Norwood]

Hi all

Last year I reunited with an old love. She is English, I am Australian. We were first together in 1992, now we are back. In the meantime, she had one son who has just turned 17, and both are UK Citizens who have never been here. 

Since we reunited in October 2017, I have returned to the UK from Dec 3 2017 -Jan 23 2018 and then March 27 to May 21, 2018. At this time I lived with her and her son. 

In the current circumstances the best way to be able to continue our relationship is for her and her son to come here. The plan is that they come for a visit first to see what the place is like (hopefully a few months) with a view to returning for good (fingers crossed!).

I started to make some enquiries of my own about what visas and so forth but is is quite challenging to work out what the best course of action is. The key elements are that

She is 45 in July; 

Her son will turn 18 next April (2019)

I live in Adelaide

Her current circumstances are such that she is likely to have to vacate her current (rental) property soon; and her son finishes College in about a month or so.

What I need clarification about is this:

1. I thought the partner visa was the logical option. However, the department suggested yesterday that there is up to a two year wait before the temporary visa is granted, and then another two years to assess the permanent visa? I cant see how this could be the case - how can you sustain a long distance relationship for two years waiting for a temporary visa? 

2. I'm not sure whether it is better to do an onshore (820/801?) application, or an offshore (309/100?) application. I know you need to be 'de facto' for a year before you apply though. That year will be in late October 2018 so I'm hoping to have all the paperwork ready to go at that date. Is it quicker and easier to do one or the other - ie onshore or offshore?

3. How do I "join" a dependent child? I'm concerned to apply for a visa whilst he is still a dependent child so he comes as a package rather than being assessed independently of his mother. What is the best visa for him to pursue in these circumstances? 

4. What are the comparisons to consider regarding a "prospective marriage" visa (300)??

5. Are Migration Agents useful to use, value for money and worthwhile having? Do things happen any quicker if you use one as opposed to doing it yourself? How much do they cost?

6. When starting the online application process, I couldn't see the whole "form" to know what all the information is that would be sought. I wanted to do this so I could order things if needed and have them being actioned between now and October, ready for submission. Can you see the whole form anywhere?

7. What forms need to be completed and in what order? It seems a 47sp has to be done before I can lodge a 820 application but I cant work out what the order is for everything once you have worked out what the right visa(s) should be? 

8. Any other tips, advice and "Heads ups" would also be appreciated.

(9. Am I in the best topic or should I post this is another place? This is my first post!)

Thanks in anticipation! 

 

 

[VERYSTORMY]

The biggest issue is proving you are in a de facto relationship. This means proving you have been living together as man and wife for a minimum of twelve months. From what you have posted that is not the case. 

The child, shouldn't be an issue as long as an application is made before he is 18. But that is moot, as at the moment, I don't think you qualify. 

Yes, a good alternative may be a prospective marriage visa. However, you both need to be ready to marry as it is time limited on how long you have to actually marry. 

Yes, a good migration agent is going to be a good idea is your case. They don't speed things up, but they do know what the best options are and how to ensure the best chance of success. In your case, as things are not straight forward, i recommend it. There are a number of good ones who are members of the forum. 

[Guest]

You are misunderstanding the partner visa, how it works and who it is intended for. It is for people already in a de facto relationship (of, iirc, 1 year or more) and who can provide evidence of this. From what you have said in your post, you are not in a de facto relationship. You are currently long distance dating and while you've spent a bit of time together, I don't see how that is de facto. What evidence do you have to support a de facto partner visa application? If you don't have decent evidence and proof of a de facto relationship you are probably wasting your time and $7000 plus on the application. Seriously, its a lot of evidence they will be looking for, not just a couple of trips where you stayed at her home and the long distance relationship being on going. 

A PMV 300 could be an option.

The age of the son is concerning as he will soon be 18 and may perhaps not be able to go on any future visa application as a dependant. Is he is in full time education and living at home? Dependancy needs to be proved. If he turns 18, leaves home, gets a job and so on, that will be hard going to do so I'd say. 

TBH you are so muddled with it all I really think you should run your case past a reputable migration agent (any of those who post regularly on here would be a good starting point @Raul Senise @wrussell @Alan Collett ) and explain the situation to them, give them all the info about the child also (ie, his study, if he works, has left home etc) and let them at least advise you how best to proceed. 

 

 

 

 

 

 

[Samson]

As others have said, you are simply dating, I don't even think I would call it dating, Re-living your youth maybe  

So currently no visa applies to you. Even a PMV needs to be genuine, getting married for a visa isn't genuine. 

I would probably look at the risks & pros/cons of them coming over here as tourists and then applying for the onshore partner visa, you may be in a state where you can register the relationship and waive the 12 month rule, you would have to financially support them both(No work rights) , but as you already think you are in a defacto relationship this wouldn't be a problem wink wink....  

Coming to Australia as tourists with the only intent of applying for a partner visa is against immigration rules, however they have never been here before so coming to the country to explore and get the feel of Australian way of life isn't 

The Son being at that age adds potential issues too. 

Again, a good Migration agent will be worth the extra $$$ in your case.  I reckon.. 

 

Good Luck

[lothar]

I did the migration myself, but we had a very straight forward case.

In your instance I would definitely recommend an agent.

Most of the registered agents will do a full evaluation of your case for free to give you your options, and only if they are certain you have a chance will they take you on as a client. It is only from that point onwards that you will pay for services offered.

[Tulip1]

As others have said and one thing that came to my mind, does the son really want to go? It's a very hard age to leave friends behind and move somewhere you've never even been to with your mum and her new bloke. What about the sons dad? 

[Guest]

FYI, you need to pay the fee before you can access the application to upload documents etc.

What sort of things will they be wanting? You should read the partner visa PDF to give you an idea. We supplied bills, wills, life insurance policies naming us both. Also car insurance naming us both on the same vehicle. Bank statements (joint and individual) from each year we had been living together plus 12 months worth of salary slips from the sponsor. All of these showed us at the same address. Then things like a holiday booking naming us both, flights booked together. And other stuff.

Really do think you should talk to an agent and understand the process better before you do anything else.

[MaggieMay24]

I agree that a migration agent would be very worthwhile in your case.  Your situation won't make a straightforward application and it's an expensive process to risk getting it wrong.

An initial consultation should give you a good overview of what your options are and what's involved in each of those, then the agent can help work out what strategy will give you the best chance of a successful outcome.  They can also help prepare a compelling application if you're running a bit short on evidence.

[TheWayOfThePony]

I can't comment on the child situation as I have no idea how this is handled in a visa application, but regarding the 300 (since I got mine last year)...

* You don't need to be living together for a 300 (which you do for a spouse/partner visa 820 or 309). My husband and I were on a long distance relationship when we applied for ours; like you we were visiting each other when we could, and I won't let anyone say we were "just dating" or "reliving our youth". Nobody can judge how serious and committed you are (well, Immigration can, and will, but you get my point!). Seriously, are we still thinking like that? Long distance relationships these days are nothing like back in the days of snail mail and rushed phone calls... you can basically talk every day for hours. Which is more than what a lot of couples can say.... anyway!

What you DO need (and that's the bare minimum):
- you must have physically met, with evidence of it (photos together, bookings together etc)
- you must be in a continuous, exclusive relationship (evidence: phone logs, chat logs, anything showing you are in regular contact despite the distance)
- you must be planning to marry (you will need a Notification of Intention to Marry, or NOIM; this is provided by a celebrant, so should you go down that route you will need to find a celebrant in Australia and plan your wedding; the wedding date can be changed later, but Immigration wants that NOIM).
That's the basic, there is plenty more to provide (proof of ID, statements from friends and family, etc). Look at the official leaflet for detail - I would really read it carefully before starting filling forms. And browse immigration forums like this one, they are a goldmine for advice.

* Processing times for a 300 vary. Ours took 3 months to be granted but it all depends on the backlog at the time of submission, how long the checks take, how straightforward your case is, how complete and well-presented your evidence is, etc.

* Once 300 is granted, your fiance can move over (and look for work!). You have 9 months to get married and apply for the next stage, which is the Onshore Partner visa (820). Again processing time vary, but it looks like holders of a 300 get their 820 granted quicker than people who apply directly for the 820 (ours took 4 months).
Whilst waiting for your 820 to be granted you get issued a bridging visa that allows your partner to live and work in Australia.
Also note that while you pay full price for the 300 ($7000, which is the price for a partner-type visa in Australia), you will "only" pay about $1200 when you apply for 820. It's not like you have to pay $7000 both times, thank god!

* Agents: we used one for our 300. We felt a bit lost and overwhelmed and it provided plenty of guidance and help; also most serious agents won't submit a case unless they feel confident it has a good chance to get through, so that was extra peace of mind for us. I think it was worth it - even if looking back our case was straightforward, at the time we had no idea if it was. And it did give us the confidence to lodge on our own for the next stage.

Good luck!

[MaggieMay24]

To add/clarify from the above....

You do not need to be living together to be in a de facto relationship, but you need to explain why you are living apart.  If you don't live together, a migration agent can be helpful to review your information and give an assessment on how you would evidence a de facto relationship.