Jump to content
Guest tonywgs

Not your typical situation - Partner Visa

Recommended Posts

Guest tonywgs

Hi there,

This is my first post so please go easy....

 

My girlfriend and I are in a bit of a quandary at the moment. Let me run you through the situation.

 

I'm from Australia 29 years old (used working holiday already back in '05)

She's from UK and 35 years old

 

We met back in Feb 2009 while my girlfriend was travelling in OZ. I was luckily enough to meet her in one of her 2 nights in Brisbane. We met up a week later in Byron Bay a month later in Sydney and then another month later in Thailand.

 

She then finished off her travels and headed back to the UK. She decided she wasn't going to come straight back out to Oz so we called any long term relationship off.

 

In 2010 I travelled the world for a year. I ended up making it around to the UK and met up with her again. We hit it off again and everything was great. I was in the UK Europe region for about 3 months but our longest stint together an any one time was 2 weeks before I would go and travel again.

 

After I left the UK I went to Asia and she came out for 10 days and travelled with me in Bali in November '10.

 

The next time we caught up was June '11 when she came over to visit me in Australia for 2 weeks.

 

In August I travelled over to see her in the UK for a week.

 

This is where we are at the moment. We are committed together and have lived in the long distance relationship for what seems to be an eternity now and it is doing neither of us any good.

 

We don't mind what country we end up in but we just want to be together (Monetary wise is is far better for us to be in Oz with basically double the earning potential for both of us). We have identified wherever we end up the person who moves needs to be kept busy with a job so they don't go crazy sitting around the house all day (We are both very active travelling minded people). So the key to the move is, whoever moves needs to be able to work ASAP.

 

We are looking into what the best ideas to achieve this are:

1. Get married. (What is the time from application to being able to work in Oz and the UK for this,,, or is this a how long is a piece of string scenario which seems to be common with Australian Visas?) (Also we have already confessed our desire to get married but we are hesitant to do this until we have a chance to live together long term, but we will be open to marry if it is going to make the process of being together possible)

2. My girlfriend takes a student visa in Oz and she is then able to work part time. (Super high fees but allows working very quickly)

3. I sell car and head over to the UK and look for sponsored work. (I'm a structural draftsman with high school certificate only. But 12 years industry experience on Australia's biggest infrastructure projects,,,, don't know if I would really be able to get sponsored work with this sort of experience?)

4. My girlfriend come out and does voluntary work and I support her.

 

My girlfriend has a lot of anxieties about leaving family and friends in the UK which is something we are struggling through as well.

 

I would appreciate any comments or suggestions about our situation or from anyone who has found themselves in a similar situation.

 

Thanks for any help in this stressful/difficult situation,

Tony

Share this post


Link to post
Share on other sites
Guest

Have you looked into the fiancee visa? My BIL and his fiancee applied for this a couple of years ago and they came into the country and then they had something like 9 months within which to marry and then apply for a different visa.

 

http://www.immi.gov.au/migrants/partners/prospective/300/

 

Looks to me like this is a possible path for you both. Would give you the chance to live together for 6 months or so before deciding if you want to marry and then you've time to arrange something, even if its only a small wedding and you have a wedding celebration back in the UK at a later date with all your OH's family and friends.

Share this post


Link to post
Share on other sites

Hi Tony,

 

have you checked a partner migration booklet? You can find it at the following web address:

www.immi.gov.au/allforms/booklets/1127.pdf

 

There are also lots and lots advices on this forum about partner visa applications and also about student visa applications.

 

In my opinion, there are certain things you have to pay attention to: you have to prove (with evidence) that you have a genuine relationship with your partner, one needs to present the evidence in all four categories. From what you wrote I'm not sure you would provide adequate evidence... Check similar posts and check the booklet. Marriage is definitely an option, but you still have to have evidence in all four categories.

 

You mentioned a student visa; I see a couple of possible problems: it's pretty expensive and it doesn't solve your situation in the long run. After her student visa expires, your girlfriend would still have to apply for a partner visa, unless she has a profession that is highly in demand in Australia. I don't think those 20 hours of work are worth the student visa.

 

You mentioned your girlfriend would like to work from the beginning. In general, if you apply for 309 or 820 visa, she won't be able to work until the visa is granted. There are certain exceptions (check the threads about 1005 application). In general, while waiting for a 309/820 visa a partner can't work.

 

In my opinion you could check a so called prospective marriage visa (PMV); you'd have to marry in 9 months after the visa is granted and then lodge a partner visa application. Do the thorough research, check out partner visa options, check out 309, 820, PMV, and then decide, certainly don't rush into anything as the application needs to be prepared really well (lots of threads on how to present the application).

 

Good luck!

Share this post


Link to post
Share on other sites

I am Australian and my Hubby and Kids were born in the UK. although we have been together for almost 20 years, he needed a spouse visa. i think you need to prove you have been together for 2 years or more, you need to say how you met, get people you know that are australian to write to say you have been togfether, have photo's to prove it as well.

we applied whilst in australia as i had a dealine to start my new job here when I moved from the UK. as soon as you apply, they put you on a bridging visa. whilst on this you cannot work or leave the country. within a few months, if there are no issues and you have completed the forms the permanent visa is granted.

I completed all forms myself without the use of an agent and i had no issues. it was very easy

 

Hope this helps

Share this post


Link to post
Share on other sites

I can't really help but i do have a story.

 

My sister went on holiday to Greece 25 years ago to cheer herself up after being dumped by her boyfriend of 5 years. She was in her final year of medical school.

There she met an Australian guy whom she hung out with for a few days.

She came home from hols and said she had met a really nice guy and that he was coming to visit her in Ireland. We didn't pay much attention until he turned up on our doorstep two months later and asked her to marry him.

 

Of course my mother went up the walls with worry because she had only known him a few days, was on the rebound etc etc

 

Anyhow, 6 months later they were married in Oz and she came back to Ireland to finish her finals. After that; she went off to oz on a temporary visa which was upgraded after time. She did get hauled over the coals at Australia House interview because she didn't have a lot of credible evidence of their relationship but they persisted.

 

25 years later, they are still married and my sister still loves everything about Australia too.

 

And all from a few days of drowning sorrows in Greece.

 

I just wanted to say if you guys are meant to be together it will all work out the way it is supposed to.

 

Millie x


Visa: 475 regional GRANT 22/6/12, touchdown 4/11/12 . Applied 189 PR visa 13/11/14 Grant 20/1/15

Share this post


Link to post
Share on other sites

what a lovely storey millie :biggrin:

 

restores ones faith

 

lee


IELTS 08/10/11 8.5/8.5/7.5/9...8.5 O/A, VETASSESS 15/11/11,level 1 pass 19/12/11,practical 25/02/12, results 21/03/12, WA SS 04/04/2012,Approved 30/04/12,DIAC 18/05/2012, CO 28/05/12, PC's 30/05/12, meds 01/06/12 PCC 19/06/12 , VISA Granted 21/06/12......

 

Share this post


Link to post
Share on other sites

I can relate - met my husband on a holiday to Australia and knew as soon as I clapped eyes on him that he would be the man I married. Left his town the next day but caught up with him at my farewell party for a day before I left Melbourne. He sent a telegram to say how nice it was to have met me, I sent him a post card saying ditto and we wrote to each other (airmail letters, this was before email) and had a couple of phone calls and a couple of short holidays together in the 3 years that followed before we got married in UK then moved to PNG. We have been married for nearly 39 years now but had been in each others' company less than 6 weeks in total before we got married.

 

He was fortunate enough to score an ancestry visa - that's the easiest if you plan to move to UK, dont suppose you can find a UK born grandparent in your lineage anywhere??? Is there a third country which would accommodate you both (put in for the green card lottery perhaps?) while you cement your relationship? Failing that, as others have said, there is the prospective marriage visa for Aus which gives you 9 months to sort things out and if you havent married in that time then she goes home - that looks to be the easiest by far. Having looked at getting my Aussie husband here (UK which is where we are living at the moment) it seemed to be far more difficult than going in the other direction until we discovered he could apply for citizenship by descent which is now in the pipeline

 

Good luck, Aus/UK relationships can be very trying in more ways than one - getting permission to live in the other's country for starters!

Share this post


Link to post
Share on other sites
Guest tonywgs

Wow!! Thanks for all the amazing replies..... Snifer, BMA, Rach, Millie & Lee it means a lot.

 

Quoll, your situation is almost identical to ours! Even down to the "knew as soon as I clapped eyes on him/her" line, although we didn't send any telegrams :) I wish my grandparents had ties to the UK, but no luck there. Both sides were out very early (ie. Criminals! )

 

I'm aware of the booklets and I've had a look through them. The most difficult thing we are will have to deal with now is the Visa processing times. The only one that doesn't take an eternity is the Student Visa so this may be our only option. It is expensive but it will be better than being apart.

 

Thanks again and I hope you all had a fabulous new year.

 

Cheers,

Tony

Share this post


Link to post
Share on other sites

The only one that doesn't take an eternity is the Student Visa so this may be our only option. This would very likely be an expensive mistake.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

Share this post


Link to post
Share on other sites
Guest

I'd take the extra time and go the fiancée visa rather than spending a fortune in the student one. But that's just me.

 

It might take those extra months but in the long run I'd think it was the safer thing to do.

 

Good luck with whatever you decide.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×