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Sam Urai

From student to marriage visa for my soon to be wife.

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Hi there. I'm just wondering if anyone can help me out please. 

I met my current girlfriend just before I left Korea (where I'd been living). My reason for leaving was my student visa expired, and so I had to return to Australia (Feb 2018). I kept in contact with my now girlfriend, although we never intended for anything other than friendship. Over the weeks since returning to Australia, we chatted on the phone constantly and felt like something could develop between us. Luckily I work FIFO, and was able to visit her for a month in May of 2018. From then on, we knew that we could have a really good relationship. Everything with my girlfriend has been natural and organic. We started a long distance relationship with occasional visits between Korea and Australia. Thinking long term, and because I missed Korea, it was agreed that I would come back to live there. 

Prior to going over, I wanted to work and to save some money as my earning potential in Korea would be limited. My girlfriend wanted to study again, so she applied for and got a student visa for here in Australia. We are currently living together and have been since she arrived back in January. With regards to the student visa, it was only meant to serve as a way for her to study whilst I continued to work and save. Since discussing moving back to Korea, we have started to settle into a life here in Australia. We are content at present, and would like to continue this life we're now starting to develop. 

We discussed early on about the idea of marriage, and we have now settled on a date in October for our wedding back in Korea. Although we dislike the association of our wedding with visas. We also realise that perhaps our options change with regards to having a life here. We just wonder though if my girlfriend can go from being on a student visa onto a marriage visa (820 if I remember correctly).

Thanks in advance for any help you may have. 

Sam. 

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Yes, she can apply for a partner visa whilst she is holding a student visa, but you need to make sure you understand how this works in terms of her current visa and the transition. Also, marriage is not a silver bullet as far as immigration is concerned as the criteria are based around a holistic view of your relationship, married or not. It would be sensible to have a chat with a professional before you make any "life choices" on the basis of expecting a particular immigration outcome.

 

 

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____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

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Paul posted sound advice. Ignore the subsequent reply.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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39 minutes ago, KMT428 said:

Regarding Partner visa Class UK Subclass 820, please check out

 

40 minutes ago, KMT428 said:

Hi Sam

I recommend you read this post

You just joined the forum and in less that an hour you have posted links to an outside company 4 times. If you are a representative of the company you are so eagerly advertising, you should disclose this.


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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12 minutes ago, Raul Senise said:

 

You just joined the forum and in less that an hour you have posted links to an outside company 4 times. If you are a representative of the company you are so eagerly advertising, you should disclose this.

The links and or posts have been removed.

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I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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Thanks everyone for taking the time to reply. We are trying to avoid using a migration agent as they offer no value we feel. Their fees are disproportionate to their skillset (in my opinion). We'll research ourselves and collate as much information as we can through the Immi website and resources such as this website. 

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On 15/08/2019 at 20:38, paulhand said:

Yes, she can apply for a partner visa whilst she is holding a student visa, but you need to make sure you understand how this works in terms of her current visa and the transition. Also, marriage is not a silver bullet as far as immigration is concerned as the criteria are based around a holistic view of your relationship, married or not. It would be sensible to have a chat with a professional before you make any "life choices" on the basis of expecting a particular immigration outcome.

 

 

I'm sorry but I find your reply slightly offensive. Never did I state that I had any expectations regarding "a particular immigration outcome". In the original post I used the phrase "Although we dislike the association of our wedding with visas. We also realise that PERHAPS our options change with regards to having a life here".

Reading back again I find your reply a bit condescending, and perhaps purposely so in order to cast doubt in my mind regarding the process. It feels a bit like used car salesman chatter to be honest. Do you have something to sell?

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Posted (edited)
27 minutes ago, Sam Urai said:

Thanks everyone for taking the time to reply. We are trying to avoid using a migration agent as they offer no value we feel. Their fees are disproportionate to their skillset (in my opinion). We'll research ourselves and collate as much information as we can through the Immi website and resources such as this website. 

Sad to read your comment as you have just had free advice from 3 excellent migration agents who give of their time free on this forum. Hope you don’t expect any further advice.

Yes of course you can go it alone, especially if your application is straight forward, but the money an agent costs can be well worth it balanced against a very costly mistake made in a complicated application.

Those of us who have been on PIO for a long time have seen plenty of panic posts trying to rectify their situation from costly mistakes in their applications.

Edited by ramot
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2 minutes ago, Sam Urai said:

I'm sorry but I find your reply slightly offensive. Never did I state that I had any expectations regarding "a particular immigration outcome". In the original post I used the phrase "Although we dislike the association of our wedding with visas. We also realise that PERHAPS our options change with regards to having a life here".

Reading back again I find your reply a bit condescending, and perhaps purposely so in order to cast doubt in my mind regarding the process. It feels a bit like used car salesman chatter to be honest. Do you have something to sell?

I think Paul’s reply was anything but offensive, I would imagine Paul would find your comment regarding migrant agents offering no value offensive. You say you will do all the research yourself,  why then are you on a forum asking people for advice.  Most on this forum don’t know all the answers although will offer help when they can.  Most also have an appreciation of the many migrant agents on here that give their help and advice. Someone being rude to them/about them will not go down well.

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Posted (edited)
On 15/08/2019 at 20:56, Sam Urai said:

I met my current girlfriend just before I left Korea (where I'd been living). My reason for leaving was my student visa expired, and so I had to return to Australia (Feb 2018).... Luckily I work FIFO, and was able to visit her for a month in May of 2018. From then on, we knew that we could have a really good relationship. Everything with my girlfriend has been natural and organic. We started a long distance relationship with occasional visits between Korea and Australia.....

We discussed early on about the idea of marriage, and we have now settled on a date in October for our wedding back in Korea. Although we dislike the association of our wedding with visas. We also realise that perhaps our options change with regards to having a life here. We just wonder though if my girlfriend can go from being on a student visa onto a marriage visa (820 if I remember correctly).

 To get a partner visa, you must prove you have been together in the equivalent of marriage for at least 12 months. It doesn't matter whether you're married or de facto, it's the twelve months' evidence of your relationship that matters.  

Note that you cannot count the period while you were dating or engaged, no matter how committed you were.  "The equivalent of marriage"  means that you're living together, that your finances are shared, that you have joint names on things like a lease or a mortgage, you're named each other as principal beneficiary for your super fund, your will etc.  If you can't provide strong evidence of the full 12 months, then getting married won't make any difference.

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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1 hour ago, Sam Urai said:

Thanks everyone for taking the time to reply. We are trying to avoid using a migration agent as they offer no value we feel. Their fees are disproportionate to their skillset (in my opinion). We'll research ourselves and collate as much information as we can through the Immi website and resources such as this website. 

As much as I love PIO and find our members helpful - we are amateurs and you will find you may be given several different opinions/advice.  We don't know the latest rule changes, we don't know how these might be applied.  We have some excellent agents who post - they don't hard sell their services.  Our regular members who post in migration often defer to our regular agents advice who've built up reputations here.

Good luck with your research - I hope it proves accurate and you don't overlook something important with her current visa and the transition  as Paul suggested.

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I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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13 hours ago, ramot said:

Sad to read your comment as you have just had free advice from 3 excellent migration agents who give of their time free on this forum. Hope you don’t expect any further advice.

Yes of course you can go it alone, especially if your application is straight forward, but the money an agent costs can be well worth it balanced against a very costly mistake made in a complicated application.

Those of us who have been on PIO for a long time have seen plenty of panic posts trying to rectify their situation from costly mistakes in their applications.

Hi there. To be honest, I didn't receive any free advice other than I should use their services. The bakers local to my house give out free samples of bread which I don't consider anything other than a strategy to lure me in as a customer. 

If people feel they benefit from migration agents then good luck to them. There's no doubt the immigration process churns up lots of anxieties and being guided through it may soothe that. I'm not a fan of any occupation where persons pray on anxieties for their own monetary gain.

I may have a more cynical outlook on their occupation than you, but I have good reason to distrust migration agents. 

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13 hours ago, Tulip1 said:

I think Paul’s reply was anything but offensive, I would imagine Paul would find your comment regarding migrant agents offering no value offensive. You say you will do all the research yourself,  why then are you on a forum asking people for advice.  Most on this forum don’t know all the answers although will offer help when they can.  Most also have an appreciation of the many migrant agents on here that give their help and advice. Someone being rude to them/about them will not go down well.

Having paid an agent a good amount of money in the past for very little service, then I feel that my experience and perspective is correct in saying that they offer no value to me. We could both buy the same mobile phone which I like but you don't. I'm sure your opinion about that particular phone would be weighted towards the negative, and your opinion of the phone shaped as such. 

With regards to where I talked about researching the visa myself. Please don't take it literally as I simply meant I'd like to pursue this application without the services of an agent. I'm more than happy to hear peoples own experiences and thoughts. I would be grateful if it was honest and sincere and not just from someone who is touting for business. I also don't expect anyone to have all the answers, but I'm sure I can collate information from lots of sources including those willing to share their experience. 

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12 hours ago, Marisawright said:

 To get a partner visa, you must prove you have been together in the equivalent of marriage for at least 12 months. It doesn't matter whether you're married or de facto, it's the twelve months' evidence of your relationship that matters.  

Note that you cannot count the period while you were dating or engaged, no matter how committed you were.  "The equivalent of marriage"  means that you're living together, that your finances are shared, that you have joint names on things like a lease or a mortgage, you're named each other as principal beneficiary for your super fund, your will etc.  If you can't provide strong evidence of the full 12 months, then getting married won't make any difference.

Thank you for taking the time to reply. I take note of what you said and I'll keep that in mind. We are cohabiting and have been since January. Our life is very much intertwined as you'd expect from any couple. Our names are both on our rental agreement, and our only utility bill is addressed to us both. We share a joint bank account which will shortly receive both of our salaries and joint savings. I should add that this arrangement is born out of what we feel is the right thing to do as a couple, but perhaps we should be more considerate of documenting our life from now on. 

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23 minutes ago, Sam Urai said:

Hi there. To be honest, I didn't receive any free advice other than I should use their services. The bakers local to my house give out free samples of bread which I don't consider anything other than a strategy to lure me in as a customer. 

If people feel they benefit from migration agents then good luck to them. There's no doubt the immigration process churns up lots of anxieties and being guided through it may soothe that. I'm not a fan of any occupation where persons pray on anxieties for their own monetary gain.

I may have a more cynical outlook on their occupation than you, but I have good reason to distrust migration agents. 

I would take note of Pauls caution   to make sure you understand your girlfriends visa status and any implications it may have transitioning to a partner visa. This might be beyond the scope of the membership to offer you advice on.  I would like to add that the 3 agents who have commented in order to assist you on this thread are highly regarded and respected by the forum membership


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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12 hours ago, ali said:

As much as I love PIO and find our members helpful - we are amateurs and you will find you may be given several different opinions/advice.  We don't know the latest rule changes, we don't know how these might be applied.  We have some excellent agents who post - they don't hard sell their services.  Our regular members who post in migration often defer to our regular agents advice who've built up reputations here.

Good luck with your research - I hope it proves accurate and you don't overlook something important with her current visa and the transition  as Paul suggested.

Thank you for your reply and I appreciate what you are saying. I should perhaps clarify that what irked me about his comment was he said I should speak to a professional about making life choices on the basis of expecting a particular immigration outcome. To clarify, I have no expectations regarding any immigration outcomes, far from it. I am not someone who expects or assumes, the wording of my original post does not cast me in the light of someone who does (I feel). 

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20 minutes ago, ali said:

I would take note of Pauls caution   to make sure you understand your girlfriends visa status and any implications it may have transitioning to a partner visa. This might be beyond the scope of the membership to offer you advice on.  I would like to add that the 3 agents who have commented in order to assist you on this thread are highly regarded and respected by the forum membership

Since my original post, I have came to learn that my girlfriend will continue on her student visa after we apply. This is fine as it doesn't expire until September next year. This was always going to be allocated as study time anyway as she has a particular outcome she wants to achieve in her education. She is enrolled in her courses until July next year (if my memory serves me correct) which satisfies the requirements of the student visa. We don't plan on lodging our application into early into the new year where we will have lived together for a year, and would have been married for two months. 

Edited by Sam Urai

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40 minutes ago, Sam Urai said:

Thank you for your reply and I appreciate what you are saying. I should perhaps clarify that what irked me about his comment was he said I should speak to a professional about making life choices on the basis of expecting a particular immigration outcome. To clarify, I have no expectations regarding any immigration outcomes, far from it. I am not someone who expects or assumes, the wording of my original post does not cast me in the light of someone who does (I feel). 

So you do not have an expectation that the outcome will be that the visa will be granted.......

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10 minutes ago, Nemesis said:

So you do not have an expectation that the outcome will be that the visa will be granted.......

Sorry but is this a question or a statement? 

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1 hour ago, Sam Urai said:

Hi there. To be honest, I didn't receive any free advice other than I should use their services.

Actually,

- you asked "We just wonder though if my girlfriend can go from being on a student visa onto a marriage visa", to which you got an answer. 

- you also said "Although we dislike the association of our wedding with visas. We also realise that perhaps our options change with regards to having a life here." to which you also got some advice that it didn't really change your options.

- and I didn't suggest you use my services - I suggested you get some decent advice on what constitutes a good partner visa strategy, because your post suggests that you need it. If you had take the opportunity to look into that, you would have found that I, and several of the other agents who post on this forum, would have provided that initial advice at no charge.

 

15 hours ago, Sam Urai said:

I'm sorry but I find your reply slightly offensive. Never did I state that I had any expectations regarding "a particular immigration outcome". In the original post I used the phrase "Although we dislike the association of our wedding with visas. We also realise that PERHAPS our options change with regards to having a life here".

Reading back again I find your reply a bit condescending, and perhaps purposely so in order to cast doubt in my mind regarding the process. It feels a bit like used car salesman chatter to be honest. Do you have something to sell?

This week alone online I have seen migration agents compared to used car salespeople, bakers handing out free bread samples, chefs and, most weirdly, manicurists ... 

No one (other than the guy whose posts were deleted) is touting for business. The agents who post here do so because we enjoy being part of this community and our professional knowledge, gained the hard way, adds a perspective most members find helpful. Insulting an entire profession, and someone you have never met or spoken to, because you once had a bad experience reflects poorly on only one person.

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____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

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7 hours ago, paulhand said:

 

Actually,

- you asked "We just wonder though if my girlfriend can go from being on a student visa onto a marriage visa", to which you got an answer. 

- you also said "Although we dislike the association of our wedding with visas. We also realise that perhaps our options change with regards to having a life here." to which you also got some advice that it didn't really change your options.

- and I didn't suggest you use my services - I suggested you get some decent advice on what constitutes a good partner visa strategy, because your post suggests that you need it. If you had take the opportunity to look into that, you would have found that I, and several of the other agents who post on this forum, would have provided that initial advice at no charge.

 

This week alone online I have seen migration agents compared to used car salespeople, bakers handing out free bread samples, chefs and, most weirdly, manicurists ... 

No one (other than the guy whose posts were deleted) is touting for business. The agents who post here do so because we enjoy being part of this community and our professional knowledge, gained the hard way, adds a perspective most members find helpful. Insulting an entire profession, and someone you have never met or spoken to, because you once had a bad experience reflects poorly on only one person.

Sorry, but your "advice" was geared towards using an agent, which you are one. I consider your "advice" to be biased, especially when you suggest I seek an agents advice regarding making life choices. For the record, I've made plenty of life choices and so far have been successful without the need to pay for so called professional advice. You stopped short of touting your own business because from what I can see you would be breaching the forum rules and potentially losing a revenue stream which this site offers. You are limited to telling people to use an agent, and I guess from there you will be wishful that the agent a person chooses is you. 

My analogy of the baker offering free bread samples still stands. Except the baker doesn't pray on anxieties and create doubt about doing anything other than using their services. 
You could have equally suggested that a well researched and prepared application is just as likely to approved without the need for an agent. My hope in coming on here was to hear other peoples experiences and perhaps take onboard their advice if it seemed relevant and applicable to my situation. 

If you would like to talk about insulting, then look no further than your reply to my post - "It would be sensible to have a chat with a professional before you make any "life choices" on the basis of expecting a particular immigration outcome."

Sensible? So if I don't chat to an agent regarding the visa I lack sense?
Expecting? Where did I state that I expected any outcome? I remain hopeful, wishful, and would be grateful should it be granted. 

You don't know me yet you chose to be belittling in your reply. If you can't see that from the choice of words I've highlighted above, then may I suggest the use of a dictionary before pressing the submit button. 


 

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54 minutes ago, Sam Urai said:

Sorry, but your "advice" was geared towards using an agent, which you are one. I consider your "advice" to be biased. ... You are limited to telling people to use an agent, and I guess from there you will be wishful that the agent a person chooses is you. 
 

 I have been on these forums for some years.  There are several agents here, and two or three of them are very generous with their advice, including Paul.  If a situation is simple and straightforward, they'll give you a simple answer.   I've seen it time and again.

Naturally, they have to be cautious because as professionals, they can be sued if someone considers their advice is wrong.  So if they can see some potential snags, they'll give a more cautious answer and recommend you see an agent.

I can assure you, that's what's happened here.  And I'm basing that judgment on several years observing these forums, whereas you're basing your opinion on a bad experience with a dodgy migration agent, and one post on the forums. So pull your head in.

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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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1 hour ago, Sam Urai said:

Sorry, but your "advice" was geared towards using an agent, which you are one. I consider your "advice" to be biased, especially when you suggest I seek an agents advice regarding making life choices. For the record, I've made plenty of life choices and so far have been successful without the need to pay for so called professional advice. You stopped short of touting your own business because from what I can see you would be breaching the forum rules and potentially losing a revenue stream which this site offers. You are limited to telling people to use an agent, and I guess from there you will be wishful that the agent a person chooses is you. 

My analogy of the baker offering free bread samples still stands. Except the baker doesn't pray on anxieties and create doubt about doing anything other than using their services. 
You could have equally suggested that a well researched and prepared application is just as likely to approved without the need for an agent. My hope in coming on here was to hear other peoples experiences and perhaps take onboard their advice if it seemed relevant and applicable to my situation. 

If you would like to talk about insulting, then look no further than your reply to my post - "It would be sensible to have a chat with a professional before you make any "life choices" on the basis of expecting a particular immigration outcome."

Sensible? So if I don't chat to an agent regarding the visa I lack sense?
Expecting? Where did I state that I expected any outcome? I remain hopeful, wishful, and would be grateful should it be granted. 

You don't know me yet you chose to be belittling in your reply. If you can't see that from the choice of words I've highlighted above, then may I suggest the use of a dictionary before pressing the submit button. 


 

I suggest you go ahead and make your own decision about applying for a partner visa, rather than antagonising both members and Migration agents who try to help.  My daughter applied for a partner visa and her case wasn’t straight forward. I actually telephoned one of the agents who responded to your post, who gave me generously of his time on the phone with no question of charge or suggestion that I needed to employ him, and helped resolve the issue.

I assume you already know how long it takes to get PR for a partner visa? First for most applicants 12 months in a committed de facto relationship before applying, then a further 2 years before next application to make it permanent, then anything up to a further many many months, 9 in my daughter’s case for approval. I am not up to date as this was 7 years ago, but I think the sponsor now has to prove income? so the process is now longer? I can’t give definite advice as I am not an agent, only an amateur trying to help, but my advice might be wrong.

I would also ask you to not get into an argument in post after post, whether or not you feel justified. All that happens as seen over years as a poster, no one will end up bothering to help you.

 

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1 hour ago, wrussell said:

Does anyone want to offer me even money re schedule 3?

Thank you for highlighting this. We will check her visa against condition 8354 and decide accordingly, 

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