Becky Posted August 9, 2023 Share Posted August 9, 2023 I am british and my partner is a New Zealand citizen. We are looking at getting married in either Aus or NZ. Then i am going back to the UK for a while to spend time with my mum. How long after we get married do we have to lodge a spouse visa? Then i hope to apply for PR visa to go bavk and live permanently with him in Aus. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted August 9, 2023 Share Posted August 9, 2023 (edited) 1 hour ago, Becky said: I am british and my partner is a New Zealand citizen. We are looking at getting married in either Aus or NZ. Then i am going back to the UK for a while to spend time with my mum. How long after we get married do we have to lodge a spouse visa? Am I right that you and your partner have lived together for quite a while? If so, you can apply for a spouse visa right now. Being married doesn't give you any special advantage. You just need to prove that you have been a de facto couple for at least 12 months. De facto means 'the equivalent of marriage', in other words you've been sharing your lives like a married couple. You can still get the spouse visa even if you're not living together currently. You need proof that you've been a genuine couple for a long time and it's just circumstances that are keeping you apart right now. I would advise hiring an agent to help you get all the evidence together though, as it's quite a process. Edited August 9, 2023 by Marisawright Quote Link to comment Share on other sites More sharing options...
Becky Posted August 9, 2023 Author Share Posted August 9, 2023 We have been together september 2021 and lived together since december 2022. We applied for 461 NZ relative but have been refused even though we provided 15 statements from friends and family photos and supporting documents. I am currently stuck in NZ as i am section 48 barred. My partner is looking at applying for his aus citizenship and bringing our wedding forward. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted August 10, 2023 Share Posted August 10, 2023 (edited) 35 minutes ago, Becky said: We have been together september 2021 and lived together since december 2022. We applied for 461 NZ relative but have been refused even though we provided 15 statements from friends and family photos and supporting documents. I am currently stuck in NZ as i am section 48 barred. My partner is looking at applying for his aus citizenship and bringing our wedding forward. I'm sure you know that you aren't considered 'de facto' while you are dating, even if you're not seeing anyone else. So the clock started in December 2022 and that means you only had the minimum 6 months requirement for the 461 when you applied. Given that you already had a black mark against you with Immigration (otherwise you wouldn't be section 48 barred), I'm not entirely surprised you were refused. On all Australian visas, there's a clause that says, "We will consider your immigration history when we make a decision on your application, which means you might not be eligible for this visa if you have had a visa cancelled or refused." It can take a year to go through the whole process of becoming an Australian citizen. He's not a citizen until after he's attended the ceremony. Getting married won't necessarily help your application. The important thing is to keep collecting evidence that you have shared lives, even though you can't be together right now. Things like shared expenses. Statements from friends and hoilday photos can all be easily faked so while they are useful, they carry a lot less weight. To be honest it sounds like a very long road. Is there any possibility he would consider moving back to NZ? Edited August 10, 2023 by Marisawright Quote Link to comment Share on other sites More sharing options...
Nemesis Posted August 10, 2023 Share Posted August 10, 2023 14 hours ago, Becky said: I am british and my partner is a New Zealand citizen. We are looking at getting married in either Aus or NZ. Then i am going back to the UK for a while to spend time with my mum. How long after we get married do we have to lodge a spouse visa? Then i hope to apply for PR visa to go bavk and live permanently with him in Aus. I can't see any way that you can get married in Australia. You would need a visa to enter in order to get married there, and it doesn't look like they are going to grant you one in the near future, looking at your posting history. There is no time after marriage within you which you must apply for a spouse visa. You can apply at any point after you get married, or not at all, if your plans change. 1 Quote Link to comment Share on other sites More sharing options...
Becky Posted August 10, 2023 Author Share Posted August 10, 2023 I just dont understand how we are meant to prove we dont live seperately apart on a permanent basis all because immigration are not letting me back into the country to actually live at my house with my partner. We may look at prospective marriage/Fiance visa. Its honestly all heartbreaking. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted August 10, 2023 Share Posted August 10, 2023 26 minutes ago, Becky said: I just dont understand how we are meant to prove we dont live seperately apart on a permanent basis all because immigration are not letting me back into the country to actually live at my house with my partner. We may look at prospective marriage/Fiance visa. Its honestly all heartbreaking. How long did you live together in Australia? DO you have joint names on leases, all bills for both of you going to the same address, etc. Thats the proof you need. You said you have an agent? Well that agent's job is to help you gather all that kind of info showing that your life IS together in Australia, and that the only reason you are apart is because of the Bridging Visa issue. You also then gather proof of keeping in touch - emails etc between you trying to sort out bills or leases or anything you have left behind. Do it all by email, not phone, then you will have proof. I'm sorry, but if your agent hasn't told you this kind of thing then you really do need a new agent. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted August 10, 2023 Share Posted August 10, 2023 (edited) 56 minutes ago, Becky said: I just dont understand how we are meant to prove we dont live seperately apart on a permanent basis all because immigration are not letting me back into the country to actually live at my house with my partner. People manage it all the time. There are plenty of people who are posted abroad for work, e.g. military personnel. Also plenty of people in your situation, where they formed a relationship on a temp visa, established a home and then had to leave. Unfortunately you've made it all worse by getting yourself a black mark with Immigration, and that will make it more difficult for you than it is for the average person. They'll be even more suspicious than normal. Your proof will need to be immaculate. If you have a home in Australia, is your name on the lease? If not, do you have proof that you contributed to the rent or to your joint living expenses? Do you have evidence that your bills, bank statements etc were all going to that address and so were his? Is he sending you money to support you in NZ and do you have proof of that? Do you have a joint bank account? It's important to have financial proof, because that's what proves you were in an equivalent-to-marriage relationship. If you don't have much of that, then Immigration will be suspicious that you just moved in temporarily so you could get a visa. It's a very difficult situation. Like I said, I think your only sensible solution is for your partner to move back to New Zealand for a couple of years so you can establish a proper relationship, then you can go back to Australia with him if you still want to return. New Zealand isn't such a bad place, you know. Edited August 10, 2023 by Marisawright Quote Link to comment Share on other sites More sharing options...
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