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Ezza

I love my partner time is not on our side..

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OK so this is our situation. I met my partner gaming and we've been talking consistently over ps4 chat in this time and voice chat for over a year. We don't have much in terms as evidence as it stands. We met for 3 wks in April this year. He proposed and we are engaged and very much in love. 

Ive applied for a 2 year college course as this seems an easier way for us to be together whilst I can work to contribute toward living costs part time as well as gather evidence for immigration. 

We are very intent on beginning a family together as this is a goal of ours if all still goes swimmingly after a year of living together I'm Edging on my mid 30s I fear time is running out for me and my partner to go through the lengthy  immigration process to begin a family together.. If I was to apply for a 2 year student visa which I'm also looking forward to a change of career could I submit my onshore de facto after a year of study or would I have to wait for my student visa to run out? Being South Australian we can register our relationship which takes off a year off the 2 year period for the 2nd part of the defacto relationship is this correct? Potentially taking the end goal of residency 4 years to complete if successful? It's all very over whelming hence coming to this forum. I don't digest lengthy information too well. 

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The visa you need is a Prospective Marriage Visa.    That will allow you to move to Australia, and then you have a certain amount of time to get married.  


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 fear we don't have enough evidence for the prospective marriage visa though from our relationship being the majority of it being voice and we haven't lived together for atleast a year from which I understand is quite an important part of it as a friend has also confirmed you do actually have to prove you have lived together. There lies the problem. Hence the long route mentioned 😞

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1 hour ago, Ezza said:

I fear we don't have enough evidence for the prospective marriage visa though from our relationship being the majority of it being voice and we haven't lived together for atleast a year from which I understand is quite an important part of it as a friend has also confirmed you do actually have to prove you have lived together. There lies the problem. Hence the long route mentioned 😞

There is no requirement to live together for the prospective marriage visa.  Your friend is confusing it with another visa

Edited by Marisawright
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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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The PMV seems to be the way to go for you in your situation or could he get a visa to come and live here with you? The cohabiting and evidence of a stable relationship is for a spouse visa. If he came here you could work on that as an alternative.

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3 hours ago, Ezza said:

I fear we don't have enough evidence for the prospective marriage visa though from our relationship being the majority of it being voice and we haven't lived together for atleast a year from which I understand is quite an important part of it as a friend has also confirmed you do actually have to prove you have lived together. There lies the problem. Hence the long route mentioned 😞

All you need for a PMV is that you actually have to have met in person. No requirement to have lived together. That comes later once you are married and applying for the 820/801. The PMV is esigned fo people like you, living in different countries. 

 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/prospective-marriage-300

 

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23 hours ago, Ezza said:

OK so this is our situation. I met my partner gaming and we've been talking consistently over ps4 chat in this time and voice chat for over a year. We don't have much in terms as evidence as it stands. We met for 3 wks in April this year. He proposed and we are engaged and very much in love. 

Ive applied for a 2 year college course as this seems an easier way for us to be together whilst I can work to contribute toward living costs part time as well as gather evidence for immigration. 

We are very intent on beginning a family together as this is a goal of ours if all still goes swimmingly after a year of living together I'm Edging on my mid 30s I fear time is running out for me and my partner to go through the lengthy  immigration process to begin a family together.. If I was to apply for a 2 year student visa which I'm also looking forward to a change of career could I submit my onshore de facto after a year of study or would I have to wait for my student visa to run out? Being South Australian we can register our relationship which takes off a year off the 2 year period for the 2nd part of the defacto relationship is this correct? Potentially taking the end goal of residency 4 years to complete if successful? It's all very over whelming hence coming to this forum. I don't digest lengthy information too well. 

It would be worth your while to speak with a registered migration agent who can explain the various visas and the pros/cons of each in your situation.

As others have said, the PMV may be a good approach since the relationship evidence isn't as heavy.  However you still have to prove you are in a committed relationship and that you intend to be married during the 9-month validity of the PMV after it's granted and then you lodge your partner visa application before the PMV expires.  You don't need to live together for a PMV.

For the partner visa (if you don't get a PMV first), you either need to be married or in a de facto relationship for at least 12 months at the time you apply.  De facto doesn't necessarily mean living together, but time living apart needs to be addressed if you want to include it in the 12-month period.  Registering your relationship waives the 12-month requirement, however you still need to demonstrate the de facto aspect.

If you get a student visa and then apply for the onshore partner visa, you would remain on the student visa until it expires or until the partner visa is granted, whichever comes first.  At the time you lodge the onshore partner visa application, you'd be issued a bridging visa A which sits in the background while the student visa is active.  If the student visa expires (not the same as being cancelled), then you go onto the bridging visa until the partner visa is granted.

The partner visa comes in 2 stages... the temporary (820 for the onshore application) visa is granted first.  2 years after you lodge your application, you submit additional updated evidence of your relationship so that they can assess you for the permanent (801) visa.

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Thankyou so much this is really informative I will go the immigration agent route definitely. X

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29 minutes ago, Ezza said:

Thankyou so much this is really informative I will go the immigration agent route definitely. X

There are several good agents on this forum, the agent doesn't have to be in your city.     Try pinoyau.com

MaggieMay has replied to your original questions about student visas etc, but that is an expensive way to go.  I think you'd be best to go for the PMV and then worry about the details of the permanent visa later.  


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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