Guest AmeliaJane79 Posted December 3, 2008 Share Posted December 3, 2008 Hi Everybody! I'm relatively new to this forum and hope some of you guys can help me. Here's a bit of background. I'm an Aussie living in Sydney and my fiance is a Pom living in the UK. Now! We became engaged in April, when he came out for three months on a visitor visa. Now, because it's a visitor visa, he cannot stay any longer than three months at one time. During that first three months, we fell pregnant and are expecting our first child together in February. My fiance left in July and came back late August for another three months, and left two weeks ago to sort out his divorce in the UK. As much as it would have been great for me to have gone back with him for the two or so months he's there for, I can't travel because I'm 31 weeks pregnant. Now! We're both in the divorce process with our respective exes. My divorce should be finalised around March/April next year and his should be finalised soon as well -all going to plan. And provided that all happens, we'll be getting married ASAP. We just want to be together and be a family. Ideally, my fiance would like me to live with him in the UK for a few years, before we come back to Australia together - but it might be easier for him to come to Australia. Not too sure - that's why I'm posting here to get some opinions and insight. I have some really important questions. 1. What if there is a delay with the divorces? Do we have no leg to stand on so to speak if our divorces are still in the process of being finalised OR will this be taken into consideration? Can my fiance be given a visa to stay with me here? 2. What about the fact that we have a child? This child will be British/Australian - dual nationality - because I'm an Australian national and my fiance is a British national. Would this be taken into consideration at all by Australian Immigration authorities? 3. How do people stay together in the same country legally in the event that they cannot be given a spouse or fiance visa? Do they just have to keep travelling the world together until such time they can get the visas they need to settle down in the same country together? 4. Have any of you guys here had to keep travelling the world together to avoid separation and avoid breaking visa conditions? 5. I'm self-employed and have two companies that are reasonably successful. Ideally once we are married, I'd like my fiance to work with me in my companies once we have the right visa for him. How much money personally do I need behind me, as his sponsor? Can anybody shed some light on this? I hope so!!! Cheers, Amelia Jane Link to comment Share on other sites More sharing options...
Guest Bexta Posted December 3, 2008 Share Posted December 3, 2008 (ugh just wrote a lovely long reply to this and it got eaten by the computer! Grrr...) Hi Amelia Jane, First of all, welcome to PIO! And congratulations on the pregnancy too! I'll try to help out with your questions as I'm sure others will, so here goes. 1. The best visa for you to apply for, most probably, will be the Fiance visa. Now I'm not sure if they issue these whilst a divorce is still being granted, as the amin stipulation on the visa is that you need to be married within 9 months of it being granted. So if they do give you it now, you'll need to make sure the divorces come through in enough time to get married again... or you may actually have to wait until the divorces are final before applying... I'm not sure. The other option is a De Facto visa, but you have to have been livign together for atleats 12 months prior to application, which sounds like it may be a little tricky to prove with you guys if your OH has been in and out of the country. 2. The fact that you have a child together is DEFINITELY a major influencing factor in any decision that Immi make. As an Australian you have a right to have your partner and the father of your child stay in the country with you, it is just a matter of making sure you choose the best visa possible in order to apply for this. I still think the Fiance visa will be best. 3. I would suggest going to an Immigration agent to get their advice, most will offer a free initial consult to determine what they think the best visa for you would be, and then once you know which one would be best, apply for it yourself so save yoursel loads in fees. Everyone on here is always more than happy to help and offer advice and information. 4. I'm not sure about this, but I doubt highly that it would ever come to this considerin g that fact that your pregnant with his child. However as mentioned above, I'm pretty sure that all divorces need to be final before new partner visas are issued, so you'll need to ask agents about this or perhaps PM GollyWobbler as she is a guru on all things visas! 5. I don't think the money factor really comes into this as you are sponsoring your OH as a partner and not an employee. I think you only need to prove that he is capable of working, ie won't be a drain on the public health or benefits systems and as long as he has had past jobs and you have too it shouldn't be an issue. I hope this all helps! Please don't hesitate to ask if you need any more advice! =) Link to comment Share on other sites More sharing options...
Guest AmeliaJane79 Posted December 3, 2008 Share Posted December 3, 2008 Hi Bexta! Thank you so much for your insights! I really appreciate it! Looking forward to what everybody else says as well! Cheers, Amelia Jane Link to comment Share on other sites More sharing options...
Alan Collett Posted December 3, 2008 Share Posted December 3, 2008 Hello Amelia Jane. As Bexta says, have you looked at the Prospective Marriage visa (subclass 300) for your fiance? More details are here: Prospective Marriage Visa (Subclass 300) This visa would provide for your partner to travel to Australia after visa grant with a view to marrying in Australia within 9 months. That done your partner would apply for the grant of an onshore spouse visa. The s/c 300 visa application would be processed at the Australian High Commission in London. Best regards. Link to comment Share on other sites More sharing options...
Guest AmeliaJane79 Posted December 3, 2008 Share Posted December 3, 2008 Hello Amelia Jane. As Bexta says, have you looked at the Prospective Marriage visa (subclass 300) for your fiance? More details are here: Prospective Marriage Visa (Subclass 300) This visa would provide for your partner to travel to Australia after visa grant with a view to marrying in Australia within 9 months. That done your partner would apply for the grant of an onshore spouse visa. The s/c 300 visa application would be processed at the Australian High Commission in London. Best regards. Hi Allan! Thanks so much for your response! Yes, I've looked at the fiance visa you mentioned but have some questions...which I'm about to ask. My fiance is due to come back to Australia in time for baby's birth on 7th February. He hopes to be back in Australia mid-late January...so just in time! His divorce may be through by then, but mine definitely won't because I will be separated from my husband 12 months in March 2009 - so the divorce should be granted for me around March/April. He can't apply for a fiance visa until my divorce is through and final...is that right? My divorce is really straightforward, so it shouldn't take long at all. I sent you a PM with further info in it - thanks so much Allan! Looking forward to hearing from others who know about this stuff!! Cheers, Amelia Jane Link to comment Share on other sites More sharing options...
Alan Collett Posted December 3, 2008 Share Posted December 3, 2008 You have a PM in reply. Note the "compelling and compassionate circumstances" in respect of a de facto relationship, as discussed here: Spouse Visa: Onshore Temporary and Permanent (Subclasses 820 and 801) Best regards. Link to comment Share on other sites More sharing options...
Guest AmeliaJane79 Posted December 3, 2008 Share Posted December 3, 2008 Thanks so much Allan! Would we still be eligible for that spouse visa though if we are still going through the divorce processes? In other words, if our divorces are still pending and we're waiting for them to be finalised, will we be ruled out for this visa, even though we will have a baby together? Thanks! Amelia Jane Link to comment Share on other sites More sharing options...
Guest Igor Posted December 3, 2008 Share Posted December 3, 2008 Sorry, bit short on time so have only skimmed the above. Bear in mind that to apply for a defacto visa you need to be able to prove you have lived together for 12 months. If you can't, you need to apply for the fiance visa (Prospective Marriage visa subclass 300). ALso bear in mind that the 9 months granted for the fiance visa starts from the date of the medicals not from the date of granting. This was not explained well to us and hence I am here on a fiance visa that only had 7 months on it from the moment I arrived because 2 had lapsed since the medical in the UK. Link to comment Share on other sites More sharing options...
Alan Collett Posted December 3, 2008 Share Posted December 3, 2008 RE the 12 month co-habitation point: see the link to the DIAC website in one of my above postings. Best regards. Link to comment Share on other sites More sharing options...
Alan Collett Posted December 3, 2008 Share Posted December 3, 2008 Thanks so much Allan! Would we still be eligible for that spouse visa though if we are still going through the divorce processes? In other words, if our divorces are still pending and we're waiting for them to be finalised, will we be ruled out for this visa, even though we will have a baby together? Thanks! Amelia Jane I'll get back to you on this point, Amelia Jane. I want to check the position with one of my colleagues. Best regards. Link to comment Share on other sites More sharing options...
Guest AmeliaJane79 Posted December 3, 2008 Share Posted December 3, 2008 I'll get back to you on this point, Amelia Jane. I want to check the position with one of my colleagues. Best regards. Thanks Alan! Link to comment Share on other sites More sharing options...
Alan Collett Posted December 3, 2008 Share Posted December 3, 2008 OK, here are our thoughts, Amelia Jane. If your partner is going to lodge a de facto application he does not legally have to end a former marriage. However we think the DIAC case officer would be suspicious if this was not the case - or at least proceedings were not under way. We would be including letters from your and your partner's solicitors confirming divorce proceedings are underway and the date(s) decree absolutes can be expected. The case would then rest on the weight of evidence of the de facto relationship. If applying for a prospective spouse visa, the decree absolute must be available as applicants must be marrying before a visa can be granted. Hope this helps. You know where we are if you need us! Best regards. Link to comment Share on other sites More sharing options...
Guest AmeliaJane79 Posted December 3, 2008 Share Posted December 3, 2008 OK, here are our thoughts, Amelia Jane. If your partner is going to lodge a de facto application he does not legally have to end a former marriage. However we think the DIAC case officer would be suspicious if this was not the case - or at least proceedings were not under way. We would be including letters from your and your partner's solicitors confirming divorce proceedings are underway and the date(s) decree absolutes can be expected. The case would then rest on the weight of evidence of the de facto relationship. If applying for a prospective spouse visa, the decree absolute must be available as applicants must be marrying before a visa can be granted. Hope this helps. You know where we are if you need us! Best regards. Thanks so much Alan! Yes, the documentation from my fiance indicating that he has filed for the divorce would be provided to the relevant Immigration people. He will be filing his divorce in the next ten days or so. Now, because I will have been separated from my ex for 12 months in late March 2009, we can't file just yet...but we will be as soon as the 12 month anniversary of our separation arrives. Do we apply for that de facto visa from within Australia? How long would it take? And can we just rely upon my fiance's divorce papers? After all, I cannot file for my divorce until late March 2009...but I could get a stat dec which my ex and I would sign with the relevant witnesses, stating that the divorce will be filed. Thanks so much! Amelia Jane Link to comment Share on other sites More sharing options...
Guest rperin Posted September 3, 2009 Share Posted September 3, 2009 richard.perin@live.com Link to comment Share on other sites More sharing options...
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