Expat Forum For People Moving Overseas And Living Abroad banner
1 - 4 of 4 Posts

·
Registered
Joined
·
619 Posts
Discussion Starter · #1 ·
Hi,

I have a friend here in US who is a Medical Diagnostic Radiographer and is interested in moving to AU, since her skill is currently in demand. However, her fiancee is a citizen of St. Lucia in the Caribbean, and is currently lives there. He does NOT have a greencard/visa for the USA.

If my friend was to marry her fiancee tomorrow, in St Lucia, could she apply for her 175 visa with him as secondary applicant, even though they do not currently live in the same country together, and have not yet lived together. I know there is a 12 month living together for defacto, but wondered if married that 12 month of living together also applies?

Any insight you can provide on this would be great. She would really like to live in AU, but doesnt wan to wait for her fiancee to get his US grencard/citizenship before she makes the move.

THanks

Mat
 

·
Registered
Joined
·
3,375 Posts
The main requirement of a spouse visa is the 12 month relationship requirement. This is provable by statutory declaration statements, photographs. Basically you need to document the relationship to prove it is genuine to the Immi Case Officer.

See this booklet:
http://www.immi.gov.au/allforms/booklets/1127.pdf

And the 12 month relationship requirement.

***
The difficulty in this case is the 'not living together' part as won't have proofs such as shared bills, bank statements, etc.

***
They should probably seek the advice of a migration agent as they may be aware of other valid proofs to prove a married relationship for a Spouse visa.

***
A search of the spouse visa threads is advised as I'm sure this sort of thing has been asked before (but usually by those trying to show a de-facto relationship).


Hi,

I have a friend here in US who is a Medical Diagnostic Radiographer and is interested in moving to AU, since her skill is currently in demand. However, her fiancee is a citizen of St. Lucia in the Caribbean, and is currently lives there. He does NOT have a greencard/visa for the USA.

If my friend was to marry her fiancee tomorrow, in St Lucia, could she apply for her 175 visa with him as secondary applicant, even though they do not currently live in the same country together, and have not yet lived together. I know there is a 12 month living together for defacto, but wondered if married that 12 month of living together also applies?

Any insight you can provide on this would be great. She would really like to live in AU, but doesnt wan to wait for her fiancee to get his US grencard/citizenship before she makes the move.

THanks

Mat
 

·
Registered
Joined
·
8,429 Posts
if they get married tomorrow and apply fro the visa with a valid marriage certificate, no one will ask if they lived together for a day or a year. We got married in feb 08, applied in sept 08. did not have to give any proofs of living together. and in ur case we were never living together (in india it isnt considered normal living together without being married) though we were seeing each other for over 2 years before we tied the knot.

for the visa all you need is a valid marriage certificate to be added as a spouse (without questions :) )
 

·
Registered
Joined
·
46 Posts
if they get married tomorrow and apply fro the visa with a valid marriage certificate, no one will ask if they lived together for a day or a year. We got married in feb 08, applied in sept 08. did not have to give any proofs of living together. and in ur case we were never living together (in india it isnt considered normal living together without being married) though we were seeing each other for over 2 years before we tied the knot.

for the visa all you need is a valid marriage certificate to be added as a spouse (without questions :) )
Agree

I have a friend that got his CO assigned and his marriage is next week, he is counting on sending change of circumstances to the CO right after marriage and this works without questions - no need here for the 1 year issue.
 
1 - 4 of 4 Posts
Top