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Amv88

Evidence advice for partner visa for partners not living together

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Hi so first of all I’m working with a migration agent who has been wonderful. But just wanted to ask anyone if they’ve been in a similar situation to me. It’s giving me great anxiety and to be honest just reaching out for some moral support/ guidance on how you collected evidence if you were in my situation. 

I’m  British born And my fiancé is an Australian citizen and due to get married in October 2020. We have had many holidays together but have never lived with one another due to culture (we are indian and it’s a bit of a no no to live with one another before marriage). We were first initially going to apply for the PMV but we are going for the offshore partner visa.

I am at the stage where I am collecting my evidence. As you can imagine it’s pretty stressful making sure we have everything we need. 

I have list of evidence to collate but I’m struggling to piece some together. Like call logs!!! Whatsapp doesn’t save call logs unless it’s within the last 3 months. How do I even prove  we have been calling for 16 months. I emailed WhatsApp and they couldn’t help me. 

I don’t think there’s many people in the same predicament as me. Living 10,500 miles away for 16 months, meeting up every few months with the thought that after our marriage we will be apart again :(. Super sad at the moment and just wondering if anyone can shed any light on what evidence they provided, if you didn’t live together. And if you used WhatsApp for calls was a few months call log history sufficient?  
 

Thanks all 🙂

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1 hour ago, Amv88 said:

I’m  British born And my fiancé is an Australian citizen and due to get married in October 2020. We have had many holidays together but have never lived with one another due to culture (we are indian and it’s a bit of a no no to live with one another before marriage). We were first initially going to apply for the PMV but we are going for the offshore partner visa.

 

Considering how difficult it is to provide evidence for a partner visa, why on earth did you decide not to apply for the PMV?


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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We were in a long distance relationship and used the following as evidence: plane tickets and hotel bookings to show we were meeting as often as we could afford; photos of us, and with friends and family to show we were socially accepted as a couple; screencaps of emails and text messages, with date showing up, to show regular contact. That kind of thing.

The crucial difference is that we were applying for a PMV, with less evidence required than for a full partner visa. I'm curious, since you have an agent who must have advised you on the best course of action - what argument did they give you in favour of a partner visa vs. a PMV?

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Without knowing the specifics it’s hard to say what the best course of action was, but on the face of it it looks like your agent has messed up. Far easier to get a PMV from what you have posted than the partner visa. 

Is s/he a registered MA? 
 

 

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Due to escalating bills and budgetary cuts in the NHS, unfortunately, the light at the end of the tunnel has had to be switched off.

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@Amv88, are you still there?


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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On 09/12/2019 at 21:55, TheWayOfThePony said:

We were in a long distance relationship and used the following as evidence: plane tickets and hotel bookings to show we were meeting as often as we could afford; photos of us, and with friends and family to show we were socially accepted as a couple; screencaps of emails and text messages, with date showing up, to show regular contact. That kind of thing.

The crucial difference is that we were applying for a PMV, with less evidence required than for a full partner visa. I'm curious, since you have an agent who must have advised you on the best course of action - what argument did they give you in favour of a partner visa vs. a PMV?

Thank you @TheWayOfThePony that’s really helpful. I think I might also be getting confused too so have a few questions and a meeting with my agent later on this week

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6 hours ago, Wonderingaloud said:

Without knowing the specifics it’s hard to say what the best course of action was, but on the face of it it looks like your agent has messed up. Far easier to get a PMV from what you have posted than the partner visa. 

Is s/he a registered MA? 
 

 

@Wonderingaloud thank you, I don’t think they’ve messed up at all. I think I also might be getting confused. They are registered and they are well known in this forum. Think I’ll be all good once I’ve had a discussion with them later on this week. Just reached out to the forum in the interim to see if anyone else was in my situation as I was feeling quite stressed and upset about it. 

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Whilst the "already married" or "de facto partner" routes are the more usual ones, a 309 pathway is also available to applicants who are intending to marry offshore. The PMV pathway is designed for applicants who are intending to hold their wedding in Australia, specifically:

"309.211 

(1)  The applicant meets the requirements of subclause (2) or (3).

(2)  The applicant meets the requirements of this subclause if the applicant is the spouse or de facto partner of: 

(a)  an Australian citizen; or 

(b)  an Australian permanent resident; or

(c)  an eligible New Zealand citizen. 

(3)  The applicant meets the requirements of this subclause if: 

(a)  the applicant intends to marry: 

(i)  an Australian citizen; or 

(ii)  an Australian permanent resident; or 

(iii)  an eligible New Zealand citizen; and 

(b)  the intended marriage will, if it takes place, be a valid marriage for the purposes of section 12 of the Act.

Note:    If the applicant is an applicant referred to in subclause 309.211(3), the marriage must have taken place before the applicant can be granted a visa

of this subclass: see clause 309.224."

 


____________________________________________________________________

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. Any comments relate to legislation and policy at date of post. 

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3 hours ago, Amv88 said:

@Wonderingaloud thank you, I don’t think they’ve messed up at all. I think I also might be getting confused. They are registered and they are well known in this forum. Think I’ll be all good once I’ve had a discussion with them later on this week. Just reached out to the forum in the interim to see if anyone else was in my situation as I was feeling quite stressed and upset about it. 

If your MA is on this forum I’m sure you’ll be in good hands. Probably best to direct queries to your MA as they know the specifics of your case and can provide you with a tailored answer. Otherwise you end up with a load of posts that will probably unnecessarily worry you further!! 
 

Good luck x

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Due to escalating bills and budgetary cuts in the NHS, unfortunately, the light at the end of the tunnel has had to be switched off.

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On 09/12/2019 at 11:28, Amv88 said:

Hi so first of all I’m working with a migration agent who has been wonderful. But just wanted to ask anyone if they’ve been in a similar situation to me. It’s giving me great anxiety and to be honest just reaching out for some moral support/ guidance on how you collected evidence if you were in my situation. 

I’m  British born And my fiancé is an Australian citizen and due to get married in October 2020. We have had many holidays together but have never lived with one another due to culture (we are indian and it’s a bit of a no no to live with one another before marriage). We were first initially going to apply for the PMV but we are going for the offshore partner visa.

I am at the stage where I am collecting my evidence. As you can imagine it’s pretty stressful making sure we have everything we need. 

I have list of evidence to collate but I’m struggling to piece some together. Like call logs!!! Whatsapp doesn’t save call logs unless it’s within the last 3 months. How do I even prove  we have been calling for 16 months. I emailed WhatsApp and they couldn’t help me. 

I don’t think there’s many people in the same predicament as me. Living 10,500 miles away for 16 months, meeting up every few months with the thought that after our marriage we will be apart again :(. Super sad at the moment and just wondering if anyone can shed any light on what evidence they provided, if you didn’t live together. And if you used WhatsApp for calls was a few months call log history sufficient?  
 

Thanks all 🙂

Hi Amv88,

How you got call log from whatsapp?? I try so many times but only but didnt work. 

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