Guest ChiLB Posted May 31, 2011 Share Posted May 31, 2011 Hi everyone, It's a relief to find this forum! :biggrin: I have called Australian immigration three times and received conflicting information on whether or not I can apply for a fiancee visa (Pros. marriage, form 47SP) while in Australia on a tourist visa. One person said "yes," another said no then spoke with a supervisor and said yes, a third person said "no." Does anyone have any advice/experience with this? My preference would be to remain with my partner (an Aussie citizen), rather than leaving the country. Thank you so much! Lara Link to comment Share on other sites More sharing options...
_shel Posted May 31, 2011 Share Posted May 31, 2011 No the PMV is an offshore visa. You must be offshore when you apply and when it is granted. http://www.immi.gov.au/migrants/partners/prospective/300/how-to-apply.htm see the first line. Link to comment Share on other sites More sharing options...
Guest ChiLB Posted May 31, 2011 Share Posted May 31, 2011 Thank you, _shel. I wonder why the conflicting advice from the Aussie immigration people...? Link to comment Share on other sites More sharing options...
RockDr Posted May 31, 2011 Share Posted May 31, 2011 I would assume the conflicting advice comes because the PMV is applied for using the same form as the Partner Visas, which can be onshore visas. It makes sense that the PMV is an offshore visa, since if you're already in the country there's nothing stopping you from getting married and applying for the Partner visa. The PMV is designed to bring a fiancee into the country so that the two partners can be in the same country in order to get married. How long have you been with your partner? could you apply on a DeFacto basis? Link to comment Share on other sites More sharing options...
Guest ChiLB Posted May 31, 2011 Share Posted May 31, 2011 Hi RockDr, Thanks for the reply! Yes, that makes sense. My partner and I have been together since January 2011 so we don't yet qualify for a partner visa. We were planning on getting married in October but will likely marry sooner. Just a lot to coordinate, trying to get Americans and Aussies in one spot for the wedding! It's my understanding that once we are married, I can apply for the Spousal visa onshore (while in Australia). Thanks again. Lara Link to comment Share on other sites More sharing options...
_shel Posted May 31, 2011 Share Posted May 31, 2011 The Department of Immigration are not immigration advisers. They are Government clerks who assess visa applications. It's not usually best to ask them for advice because they are not experts in the field and give out some duff advice, which could and does land people in trouble applying for the wrong visa etc. Registered Migration Agents are the ones you need to speak to for advice, but they do charge. Yes once you married you can apply for the spouse visa onshore, if you are already onshore. Link to comment Share on other sites More sharing options...
wrussell Posted June 1, 2011 Share Posted June 1, 2011 Hi everyone, It's a relief to find this forum! :biggrin: I have called Australian immigration three times and received conflicting information on whether or not I can apply for a fiancee visa (Pros. marriage, form 47SP) while in Australia on a tourist visa. One person said "yes," another said no then spoke with a supervisor and said yes, a third person said "no." Does anyone have any advice/experience with this? My preference would be to remain with my partner (an Aussie citizen), rather than leaving the country. Thank you so much! Lara You cannot lodge a valid prospective marriage visa onshore. You can apply for a partner visa onshore, if you have a substantive visa (Google the term) that does not have a condition imposed that stops this and under some other conditions. There could be issues coming on a visitor visa with the intention of being married and applying onshore for a partner visa. Link to comment Share on other sites More sharing options...
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