Please help - very confused about which visa my partner should apply for!

[mallory]

Hello all,

 

I am looking for some advice as to which visa my partner should apply for to obtain permanent residency in Australia.

 

I am a permanent resident, however am currently living in the UK until I complete uni in early November (2 months time!). I will then be moving to Cleveland, Qld to join the rest of my family who have been there since April. My partner and I have been together for 4 years and are unsure as to easiest and most cost-efficient way of him being granted a permanent visa.

 

He is a chemistry graduate and is looking for work in the mining/environmental field. He has so far applied for a working holiday visa, which should be in place in time for the big move. But I am concerned that as this only allows him to work for 6 months it may put off potential employers. Obviously in the ideal world we would go, he would find a job, and get an employer sponsored visa, but I don't really want to take the risk as if this doesn't happen we would have to come back and start again.

 

We are currently looking at applying for a Prospective Marriage Visa, this would cost in the region of $2000 plus costs of medicals, CRBs etc. Our idea was the apply for this once the working holiday visa is in place, then hopefully as it takes 4-5months to be granted, this could replace the working holiday visa before it expires. This would then give us 9 months to marry in Australia, and I believe a permanent visa would be granted upon being married for 2 years?? However this is my first time at dealing with the Australian immigration system (I was lucky enough to have my family sort out my visa!) and I'm feeling quite clueless - really confused if this is best path for us to go down, especially due to the cost of the visa.

 

I am looking for any advice anyone can offer! We are keen to get married, and my parents have said to me it might be worth just getting married during those 6 months of the working holiday visa, which we are also looking at. But would that mean that my partner will be unable to work if the 6 months expire before a further marriage visa is processed? I also liked that the prospective marriage visa would give us 9 months to plan, but if that is at the premium of cost and complications, then we would reconsider.

 

Thanks in advance!!

[lebourvellec]

I would forget about the Prospective Maarrige Visa, which is more there for people who cant meet the requirements for the partner visas.

 

Apply for Partner Visa onshore is more expensive, but your partner will be issued bridging visa until decision is made.

 

http://www.immi.gov.au/migrants/partners/partner/820-801/

 

As you have been together for 4 years, your partner could get PR straight away:

 

However, you may be granted a permanent visa without having to wait if you can demonstrate one of the following:

 

 

• at the time you apply for the visa, you have been in a married or de facto relationship with your partner for three years or more
  

 

 

However possible getting some advice from agent might help you.

[mallory]

Thank you for your advice - we have just had a little look at the partner visa but as we have only been living together for 3 months, due to us being at different university cities it looks as though we won't be classed as in a 'de facto' relationship, despite having spent half of every week together! As we were not registered at the same address. It looks as though marriage in the 6 months of allowed employment of the working holiday visa may be the best option. It is reassuring that you can apply for a bridging visa, presumably you can work whilst this is in place?

 

Could you recommend an agent? Do you have any idea about cost?

 

Thanks again :cute:

[lebourvellec]

There are some that post on here, many will give you inital assessment free.

 

if you have been in a genuine, exclusive, continuing de facto relationship for at least 12 months at the date of visa application you can apply for partner visa, you do not need to have been living together for the 12 months, but if not you will have to explain why, being at different Uni's is obviously genuine reason why.

 

Providing evidence about your relationship, how you keep in touch i.e phone bills, emails, how you travel there, going on holidays together, photos.

 

If you do a search on partner visas you will get idea of what would be required.

[mallory]

Ok that's great, thanks for your help - maybe things are simpler than I first thought!

[Guest apostrn]

Hi Mallory. I am in a very similar situation to you and would love to talk more in depth and hear your outcome. I too feel so overwhelmed!! I'd love to talk by email sometime.