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So my partner is from aus and I'm from the UK, I have a 6 year old to a different partner. 

So were wanting to apply for an onshore partner Visa, we've got permission from my sons father for us to relocate with my son, so that's not a problem.

However, we've just realised that I cant come over on a visitor Visa as obviously its temporary and I'm expected to come home. What Visa should I be getting before so we can lodge the onshore partner Visa? 

We have all relevant evidence etc x

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Technically you can only apply for a tourist visa in Australia if your intention is to be a tourist. If you intend to enter the country on a tourist visa in order to apply for another VISA then you might have issues entering into Australia. You'll be asked these questions on the landing card before you get into Australia. You have to specify the number of days you intend to stay and there is an option to say "I'm moving permanently". It's possible that you might get questioned on the border and sent back. It also might flag something if you come into OZ on a tourist visa and then immediately apply for deFacto. 

From my understanding, and I am NOT a migration expert so please correct me, but my understanding is that you can come to Australia as a Tourist and then apply for the de Facto if your plans change. I'm not there in the process yet but it is something they might question you on. 

Is there any reason you can't apply for the offshore VISA? that seems to have a shorter waiting time than the onshore stuff. 

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58 minutes ago, Elliejonessxo said:

So were wanting to apply for an onshore partner Visa...However, we've just realised that I cant come over on a visitor Visa as obviously its temporary and I'm expected to come home. What Visa should I be getting before so we can lodge the onshore partner Visa?

The tourist visa is your only choice for that scenario.  As Bella says, it's not illegal to arrive on a tourist visa and then apply for an onshore visa once you're here.  Lots of people do it. The only thing is, if you tick the "permanently" box on your landing card, you'll be grilled by an Immigration officer, who will be worried that you plan to stay permanently even if your visa application is rejected. If he thinks you're an overstay risk, he can put you straight back on a plane and may even issue a ban.   It may be a small risk but it does happen occasionally.  

You might be better to apply for a longer tourist visa and then treat it as a holiday to see how you like living in Australia.  Then when you've had a few weeks in Townsville and had a chance to see how you feel being thousands of miles away from family, you can make a decision about the partner visa and put in the application.   If you take that approach, then you can honestly say you're visiting on your landing card and sail through Immigration.

I'm a bit concerned about the status of your son.  You'll be allowed to bring him on the tourist visa, and once you get your partner visa he'll be fine, but will he be allowed to stay with you while you're on the bridging visa, or would he have to go back to the UK?   Australia has some quite harsh laws around that kind of thing.  

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 think, especially with a child involved, that you should get a migration agent involved. There are some good ones on these forums.

I had a look at your other posts and I wonder if you would be eligible for a partner visa.    De facto is "the equivalent of marriage", not just "in a committed relationship", and it's very difficult to prove if you've never lived together.   Using an agent won't change the facts, but he will know how to present the facts in the best possible way, and may be able to suggest some alternatives you haven't thought of. 

Notice that if you have registered your relationship in Queensland, you don't have to meet the 12 month rule, but you still have to prove you're in "the equivalent of marriage" for a partner visa.  

Personally, I wonder if the Prospective Marriage Visa would be a better option for you.  It's designed for a couple who are in a committed relationship and allows them to stay together in Australia for up to 9 months with the intention of getting married, so you don't have to provide the same level of evidence.

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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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So I recently came back from townsville (6 weeks ago) beautiful place. We got engaged, hes currently over here on a working Visa, purely because it's horrible being apart from each other and it helps with evidence. I'm not 100% sure about children on bridging Visas, if my son cant be with me on that then I wont be going forward with it.  We didnt want to apply for the offshore because it's a long time and my situation is changing, which wants to be away from they're partner for that long. We just dont know what route to take and we cant really afford migration solicitors x

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Congrats on your engagement!   

25 minutes ago, Elliejonessxo said:

So I recently came back from townsville (6 weeks ago) beautiful place. We got engaged, hes currently over here on a working Visa, purely because it's horrible being apart from each other and it helps with evidence. I'm not 100% sure about children on bridging Visas, if my son cant be with me on that then I wont be going forward with it.  We didnt want to apply for the offshore because it's a long time and my situation is changing, which wants to be away from they're partner for that long. We just dont know what route to take and we cant really afford migration solicitors x

I agree with Marissa about considering the prospective marriage visa, especially if you are engaged. On the prospective marriage visa, you'll be allowed to come to Australia essentially to get married. You'll still have to apply for the partner visa after being married but it'll probably be a bit easier for you, especially if you have your son with you. 

I'm going through this process too and I have a lot of anxiety about making my relationship DeFacto enough. What I worry about is that they assess you on the strength of your original application, so even if you came to Australia, applied for the 820 VISA and then married your partner during the 2 year waiting period and added the marriage certificate to your application, they could ignore the marriage and reject you. The migration agent I spoke to said that he's knows of people who it has happened to.

This application is deliberately difficult. I've been with my partner for more than a year, and I registered my relationship in QLD for good measure, but my partner and I are discussing delaying our application until December to make sure we have the strongest evidence we possibly can, which means I get to be stuck on the tourist visa until then.

The thing that makes me anxious about relying on a registered relationship to mask a weak application is that they're so easy to get that I just don't want to put all my stock into it and still end up going to appeal. Especially now they've increased the price to almost $8k. 

Edited by Bella89

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20 minutes ago, Bella89 said:

Congrats on your engagement!   

I agree with Marissa about considering the prospective marriage visa, especially if you are engaged. On the prospective marriage visa, you'll be allowed to come to Australia essentially to get married. You'll still have to apply for the partner visa after being married but it'll probably be a bit easier for you, especially if you have your son with you. 

I'm going through this process too and I have a lot of anxiety about making my relationship DeFacto enough. What I worry about is that they assess you on the strength of your original application, so even if you came to Australia, applied for the 820 VISA and then married your partner during the 2 year waiting period and added the marriage certificate to your application, they could ignore the marriage and reject you. The migration agent I spoke to said that he's knows of people who it has happened to.

This application is deliberately difficult. I've been with my partner for more than a year, and I registered my relationship in QLD for good measure, but my partner and I are discussing delaying our application until December to make sure we have the strongest evidence we possibly can, which means I get to be stuck on the tourist visa until then.

The thing that makes me anxious about relying on a registered relationship to mask a weak application is that they're so easy to get that I just don't want to put all my stock into it and still end up going to appeal. Especially now they've increased the price to almost $8k. 

Yeah the evidence part sucks, hes going to be here for 12 months although his Visa is up to 2 years. We are going to apply for the prosepctive marriage Visa as soon as we can get the money for it, which is looking like maybe 4-5 months. Then by time its been accepted 12-15 months, we should have all the evidence for the partner Visa onshore x

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4 hours ago, Elliejonessxo said:

Yeah the evidence part sucks, hes going to be here for 12 months although his Visa is up to 2 years. We are going to apply for the prosepctive marriage Visa as soon as we can get the money for it, which is looking like maybe 4-5 months. Then by time its been accepted 12-15 months, we should have all the evidence for the partner Visa onshore x

Not sure if you are aware but the application for Prospective Marriage must be done offshore. 

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6 hours ago, Elliejonessxo said:

  We didnt want to apply for the offshore because it's a long time 

If you're applying offshore from the UK, the wait isn't as long as it says on the website, because that includes people from high risk countries (who take a lot longer).  Offshore visas are generally processed faster than onshore ones.


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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5 hours ago, Elliejonessxo said:

Yeah the evidence part sucks, hes going to be here for 12 months although his Visa is up to 2 years. 

If he has a visa for 2 years, why is he going back after 12 months?   It seems like you're missing a golden opportunity.    Considering you're about to spend the rest of your life in his country, it's a small ask for him to stay in your country for 2 years.  Then you can set yourself up as a couple in the UK, collect your evidence, then submit your offshore application and get on with your lives while you wait.    And in the meantime, your mother gets to spend some extra precious time with you and her grandson.  And you don't have the stress of being on a bridging visa.

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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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So he has a little girl, which is why we didnt want to do the 2 years, also I dont speak to my mum. Does anyone know what evidence you need for a prospective marriage visa?

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3 hours ago, Elliejonessxo said:

So he has a little girl, which is why we didnt want to do the 2 years, also I dont speak to my mum. Does anyone know what evidence you need for a prospective marriage visa?

Its in the Partner Booklet on the Immigration website. You will need proof that you intend to marry (a Notice of Intended Marriage) form signed by a celebrant, plus be aware that once it is granted you have 9 months to move to Aus, get married and apply for the 820/801.

Can't be applied for onshore. 

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A prospective marriage visa is the way to go for long distance relationships as it doesn't require the living together/paying bills type of evidence. Do note that this is an OFFSHORE visa, you'll have to apply from the UK and while you can go visit Australia while you wait, you will need to be back in the UK when the visa is ready to be granted (they will notify you in advance).

You will still have to provide at the very minimum

- evidence that you've met: photos together, bookings together (hotel, flights etc)

- evidence you are in a continuous relationship: phone log, screenshots of emails or chats (just to show you're in regular contact, no need to provide all correspondence! )

- evidence you are considered a couple by your social circle: photos with families and friends, statements from friends

- evidence you are commited to a future together: proof you intend to marry (definitely find a celebrant and have a wedding date set, even if the date changes later), discussions about the future (buying house), life insurance, will, etc

- I'm not an expert but I think you need the official paperwork from family court that you have permission from the dad to relocate your child.

If you can't afford an agent to look after your case, I would most definitely at least have a consultation with one for advice. Some do it for free, some for a small fee, but when a case is not 100% straightforward it's best to get qualified advice. Partner visas are notoriously tricky, with a lot of rejection, and there are so many variables I wouldn't just get advice from a forum, where everybody's case is different and what worked for me might not work for you. Just make sure the agent is registered (MARA).

There is a dedicated thread on prospective marriage, to give you an idea of waiting time etc

:

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