Should I apply for a de facto or prospective marriage visa?

[cherrysherbet]

Hi all,

 

I'd really appreciate your advice!

 

I am currently in the UK looking to move to Australia in May 2013. I am thinking I should get the ball rolling on my defacto visa but I am concerned that it will be declined because my partner and I are going to be living apart for the next year.

 

We have been in a relationship for 3 1/2 years and lived together in London for just under 2 years. We are currently living apart with me in the UK and him in Australia because his working holiday visa expired in February. I have stayed in the UK because I have one more year of my training contract left until I get my accountancy qualificiation (I will complete it the end of May 2013).

 

I originally intended to apply for a skilled migrant visa but I realise I won't be able to start that application until I've finished my qualification and it sounds like skilled migrant visas take a lot longer to come through.

 

I am therefore thinking I should apply for a 309 Offshore de facto visa with my partner, however I understand that they tend to give you a certain date that you must enter Australia by?

 

I am also concerned that the fact that we are going to be living apart for the next year will stop a visa being granted. My partner had a lot of difficulties finding work in the UK and we hadn't been living together long enough for a UK defacto visa (they ask for 2 years). I am employed in the UK in a 3 year training contract and have a year left to go until I am a qualified Chartered Accountant. We have lots of evidence of our relationship and rented a flat in London together.

 

Does anyone have any advice or can offer an opinion on our situation?

 

What is the normal length of time this kind of application takes? Being away from him for a year is hard enough, I don't want to have it extended by waiting for a visa

 

Also, regarding the prospective marriage visa, do you have the whole 9 months to enter Australia (i.e. can you enter Australia 8 months after the visa is granted and marry in the last month) or is there a shorter deadline for entering?

 

Thanks in advance for your help!

[RockDr]

Sounds like you've got plenty of evidence to apply straight away for the DeFacto Visa. It's ok to be living apart for a valid reason, provided you've already got evidence of an established relationship (assuming you've got things like bills etc addressed to both of you at the same address from your time in London), and evidence that the relationship is ongoing (communication records, some level of joint finances - e.g. you transferring him some money to pay for half of a sofa, or you paying a flight for him to visit you or vice versa).

[cherrysherbet]

Thanks for the quick reply! That's encouraging. We have lots of evidence like bills and a joint rental lease. I will look into whether it is possible to set up a joint bank account.

 

Do you happen to know how soon do you have to enter Australia once the de facto visa is granted?

 

I just tried calling the immigration office in Australia to ask (I am in Australia visiting my partner at the moment) but was told it is best to speak to the consulate in London so I will give them a call when I am back.

[RockDr]

For offshore visas they usually give you 12months from the day of your medicals/police checks to enter the coutnry and validate. After you've done the initial entry, you can come and go as you please.

 

See this thread for processing times http://www.pomsinoz.com/forum/migration-issues/58449-summary-spouse-visa-processing-times-offshore-uk-please-add-your-stats.html

[Guest GeorgeD]

RockDr has given you all the best advice about the de-facto visa. As for the PMV, you have 9 months from grant to enter, get married, and then submit an application for the spouse visa. After the 9 months your PMV ends, and if you haven't applied for the spouse visa or some other visa to allow you to remain, then you need to leave the country. Assuming you'd be finishing your training contract in the UK anyway, the PMV really doesn't help you much. It's meant for people who intend getting married in the near future and enables them to be together during that time plus a bit of time to get their spouse visa application ready to submit.

 

If you already qualify for the de-facto, frankly you'd be much better to apply for that now offshore. it's cheaper, less hassle in the long run, means your marriage (if you intend marrying) is done on your time, not the timescales of DIAC, and ultimately you'll be on the spouse visa sooner which makes coming and going from Oz much easier.