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zpo

Which visa - technicality?

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Just starting our visa and stuck on the first screen.  I am OZ PR but live in the Uk for the last 10 ears with my fiancé.  We have two kids but have no intention of getting married in the immediate future - do we apply as prospective marriage because we are engaged  or as partner?  Prospective states we must intend to get married and partner states we must be defacto.  What do i do????  thank you wise ones!

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Why do you think you're not de facto?   You call her your fiancé but if you've got no intention of marrying, she's not your fiancé, she's your de facto partner.  I notice a lot of people in the UK call it "fiancé" because there's still a stigma in parts of the UK about living together.

Edited by Marisawright

Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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I'm not sure but surely the travel part of your PR has expired?

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6 hours ago, zpo said:

Just starting our visa and stuck on the first screen.  I am OZ PR but live in the Uk for the last 10 ears with my fiancé.  We have two kids but have no intention of getting married in the immediate future - do we apply as prospective marriage because we are engaged  or as partner?  Prospective states we must intend to get married and partner states we must be defacto.  What do i do????  thank you wise ones!

If she lives with you in the situation you describe then you are de facto.  Make sure you are able to get a RRV to return to oz before she starts applying for the 309/100 though. 

Edited by Nemesis

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8 hours ago, zpo said:

Just starting our visa and stuck on the first screen.  I am OZ PR but live in the Uk for the last 10 ears with my fiancé.  We have two kids but have no intention of getting married in the immediate future - do we apply as prospective marriage because we are engaged  or as partner?  Prospective states we must intend to get married and partner states we must be defacto.  What do i do????  thank you wise ones!

Hi, welcome to the forum, as others have said, if you have been away from Oz for 10 years without renewing the travel part of your visa, then you need to apply for a resident return visa.  There are certain criteria to be met in order to be granted this and they can be granted - if you haven't applied for this before you need to read up on it and apply.  If you have never held a RRV, then it would be unlikely that you would be granted the 5 year one unless you had exceptional circumstances.

Your partner is your defacto - you can apply for a partner visa even though you don't have an intention to marry … but first, you need to see if you can get an RRV to return to Aus.


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Oops, as others have said, your first step will be to find out whether you're allowed back in the country yourself.  

When you get a PR visa, it's for life, BUT that means nothing - because if you leave Australia for too long, you lose the right to re-enter. 

When you first get your PR visa, you get a 5 year permission to travel, meaning you can come and go as often as you like.  But after that 5 years are up, when you want to travel, you need to apply for another RRV (Resident Return Visa) - otherwise when you leave Australia, they won't let you back in!    That's why people get citizenship, so they don't have to keep getting a RRV every 5 years.

To apply for a RRV, you need to have lived in Australia for at least 2 years out of the previous 5 years. Obviously that doesn't apply to you, so you may be in trouble. Your only hope is if you can demonstrate "ties of benefit to Australia" - in which case, they'll give you a one year RRV, which is just long enough to move to Australia and get settled.  I'm guessing you may have trouble demonstrating strong ties, if you've managed to stay away for ten years - if you want to give it a try, I suggest getting a MARA registered agent to do the application for you. It will cost money but they will know how to make your case, if you've got one.   

Edited by Marisawright

Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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10 hours ago, Tulip1 said:

I'm not sure but surely the travel part of your PR has expired?

Thank you. I have maintained my RRV and travel back annually to see family. I was hung up on the fact we are engaged but honestly, with two small kids and a mortgage and the general ‘busy’ of life, a wedding is not on the agenda, yet anyway. 

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6 hours ago, Marisawright said:

Oops, as others have said, your first step will be to find out whether you're allowed back in the country yourself.  

When you get a PR visa, it's for life, BUT that means nothing - because if you leave Australia for too long, you lose the right to re-enter. 

When you first get your PR visa, you get a 5 year permission to travel, meaning you can come and go as often as you like.  But after that 5 years are up, when you want to travel, you need to apply for another RRV (Resident Return Visa) - otherwise when you leave Australia, they won't let you back in!    That's why people get citizenship, so they don't have to keep getting a RRV every 5 years.

To apply for a RRV, you need to have lived in Australia for at least 2 years out of the previous 5 years. Obviously that doesn't apply to you, so you may be in trouble. Your only hope is if you can demonstrate "ties of benefit to Australia" - in which case, they'll give you a one year RRV, which is just long enough to move to Australia and get settled.  I'm guessing you may have trouble demonstrating strong ties, if you've managed to stay away for ten years - if you want to give it a try, I suggest getting a MARA registered agent to do the application for you. It will cost money but they will know how to make your case, if you've got one.   

Thank you. Have maintained my RRV so keen to apply for partner/children visas before that’s due again.

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10 hours ago, Marisawright said:

Why do you think you're not de facto?   You call her your fiancé but if you've got no intention of marrying, she's not your fiancé, she's your de facto partner.  I notice a lot of people in the UK call it "fiancé" because there's still a stigma in parts of the UK about living together.

I thought as we are ‘officially’ engaged as in ring, family friends know etc that was distinct from de facto. Now I’m reading all the comments here from you fab folk, I feel confident we can apply for 309/100 partner. Thank you!

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1 hour ago, zpo said:

I thought as we are ‘officially’ engaged as in ring, family friends know etc that was distinct from de facto. Now I’m reading all the comments here from you fab folk, I feel confident we can apply for 309/100 partner. Thank you!

Immigration doesn't really recognise "engaged" as a status. Even with the Prospective Marriage Visa, which require you to marry within 9 months the status of "engaged" doesn't really come into play.  You're either married, de facto, or "planning marriage". And in your case de facto is the winning description. 

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Thank you Nemesis.  That's made me much more confident.  

 

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11 hours ago, ali said:

Hi, welcome to the forum, as others have said, if you have been away from Oz for 10 years without renewing the travel part of your visa, then you need to apply for a resident return visa.  There are certain criteria to be met in order to be granted this and they can be granted - if you haven't applied for this before you need to read up on it and apply.  If you have never held a RRV, then it would be unlikely that you would be granted the 5 year one unless you had exceptional circumstances.

Your partner is your defacto - you can apply for a partner visa even though you don't have an intention to marry … but first, you need to see if you can get an RRV to return to Aus.

Thank you!  RRV in place and we are ready to apply!!!

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