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Partner Visa


Mattmeller

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Hi everyone,

I'm brand new to this forum. First of all love the domain name 'pomsinoz' fantastic! 

Secondly I have a doozy of a problem although I suspect not unique so I'm a British citizen and my girlfriend is Australian. Recently she visited me over here for 3 weeks and shortly after she returned home we discovered she was pregnant, since then I've been in contact with a Visa consultant based in Australia and he has said that I can come over on a 3 month ETA and in that time we can get married and apply for a partner Visa, I have a few concerns though I can just imagine the police swooping in and arresting us both on the day on suspicion of fraud or something maybe I watch too much TV I dunno, I've also been advised that I don't need a return ticket I can just come one way but this has made me worried I'll get pulled aside and questioned and then returned home and lastly does anyone have any links to stuff that outlines the type of evidence we need to apply for the partner Visa? Most of what I've found just gives a list of subcats everything falls under but if anyone knows anything more specific that would be fantastic

If anyone can help me at all I would extremely grateful, thank you all in advance 

Matt

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You can apply for a PMV (prospective marriage visa) - that gives you 9 months in which to get married once you are there and you also have the capacity to work and once married then you apply for the partner visa. Apply now and hope that it is issued before the baby arrives. Personally I would be worried about rocking up on a tourist visa with no intention of being a tourist and risking a turn around at the airport and a 3 year ban even if your visa doesn't have a no further stay clause on it. 

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11 hours ago, Mattmeller said:

I've been in contact with a Visa consultant based in Australia and he has said that I can come over on a 3 month ETA and in that time we can get married and apply for a partner Visa,..., I've also been advised that I don't need a return ticket I can just come one way but this has made me worried I'll get pulled aside and questioned and then returned home

I think you're wise to be concerned.  It's perfectly legal to arrive on a tourist visa with the intention of applying for a more permanent visa.  However it IS an offence to arrive with the intention of staying in Australia permanently. It's a fine distinction, isn't it?  It's up to the officer on the day, but he will be looking at you and asking himself, is this person likely to be a good lad and go home if his partner visa is refused?  Or will he be tempted to overstay because of the baby?  If he thinks you're an overstay risk, you'll be put back on the plane and possibly get a 3 year ban. 

Obviously if you arrive on a return ticket, that shows you're genuine about being prepared to go home if the visa doesn't come through. So I know it's an extra expense but I would buy one. With a return ticket, it's quite likely no one will question you in the first place.  

Once you're in the country, no one is going to swoop down and arrest you unless you let the tourist visa run out before you get your application in.

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