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Discussion Starter · #1 ·
Hi there,

My fiance and I are looking to emigrate back to Australia next October before my permanent residency visa expires in November! We are currently looking at options for visa's and I have spoken to a few companies who are all suggesting the spouse visa.

This does seem like the best option but when we are saving for a wedding and then having to look at paying out for visa applications it all seems like we have no time and then we would have no money to start again with!

As we don't have a joint bank account, I live with his parents and him so therefore no rental agreement or joint household bills our wedding is the only thing that we have to prove we are in a defacto relationship. Does anyone feel like I do and that we are taking a big risk in applying for it and the outcome would be a decline of visa??

Another option that I did think of was the working holiday visa, Terry and I were planning on seeing Australia before settling down but by us being in Australia would probably look at applying for a spouse visa whilst we were over there.

My parents live in Kinglake so therefore we would have a fixed address as we would use them as our base for travelling and I have also been promised a job back at my old work for the time when we do return! If we ever get there!

If anyone is able to give me some advice and help rather trying to get me to part with my money and register our visa application with their company I would really appreciate it, planning a wedding and trying to sort out visa is becoming a little stressful and I don't know which way to turn so any advice would be greatly recieved.

Many thanks

Bex
 

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Could you do a legal marriage and then do your 'proper' reception when you are ready? All Immi needs is your legal marriage certificate to process a Spouse visa. You can also do your Spouse visa onshore in AU (different numbered visa but process is the same).

Note you can move back to AU back before November and remain a PR. However before you leave AU again you need to get a Resident Return Visa (RRV), you can get a 3 month one right away (allows you leave AU and return as a PR within 3 months). After 2 yrs AU residency as a PR you can then proceed to get a 5 yr RRV.

Please read up on RRV and please do make sure to come back to AU before November.

Hi there,

My fiance and I are looking to emigrate back to Australia next October before my permanent residency visa expires in November! We are currently looking at options for visa's and I have spoken to a few companies who are all suggesting the spouse visa.

This does seem like the best option but when we are saving for a wedding and then having to look at paying out for visa applications it all seems like we have no time and then we would have no money to start again with!

As we don't have a joint bank account, I live with his parents and him so therefore no rental agreement or joint household bills our wedding is the only thing that we have to prove we are in a defacto relationship. Does anyone feel like I do and that we are taking a big risk in applying for it and the outcome would be a decline of visa??

Another option that I did think of was the working holiday visa, Terry and I were planning on seeing Australia before settling down but by us being in Australia would probably look at applying for a spouse visa whilst we were over there.

My parents live in Kinglake so therefore we would have a fixed address as we would use them as our base for travelling and I have also been promised a job back at my old work for the time when we do return! If we ever get there!

If anyone is able to give me some advice and help rather trying to get me to part with my money and register our visa application with their company I would really appreciate it, planning a wedding and trying to sort out visa is becoming a little stressful and I don't know which way to turn so any advice would be greatly recieved.

Many thanks

Bex
 

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hi,
I just got my spouse visa last month. It was pretty straightforward when I got going and was remarkably really quick. I didn't get an agent I did it myself.

Who is the austrlian citizen is it you or your partner? I don't really understand do you have an austrlian visa already?

Me and my partner have been together 6 years and I was a bit stressed about the evidence too as I could only really provide it for the past 3 years. We didn't have a joint bank account but I had set up direct debits to my partner for things like bills and rent.

Have you and your partner been contributing to rent, bills etc.... to your partners parents. If so how have you done this. I highlighted all payments on my bank statments to my partner. So i guess you and your partner could do the same.

You could ask his parents to write a stat dec stating that you have been living with them and stating how both of you contribute to the household.

Whether you get married or not I think you still need to provide them with evidence of how you support each other emotionally and financially.

Hope this helps and If you need to ask anything else then feel free.
 

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Discussion Starter · #4 ·
Thanks for the info,

I hold a permanent residency visa that expires in November 2010 and we are hoping to be over in Oz before that time, it's just how to get my partner there that is the concern as I don't believe that we have enough proof even financially to prove our relationship. He gives me a cheque every month for the past 8 for our wedding savings account but that is about it, we havn't got any bills or joint housekeeping money as his parents don't want any as they know we are saving for our wedding.

Was it a real hassle doing the application yourself? How long did it take, and if you don't mind me asking, was it expensive?

Bex
 

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Hi Bex,

I have just posted a reply on the other thread about the expiry of your permanent visa and what needs to be done there. But here is a bit more information about the other (partner/spouse) visa options:

1. I am sorry but Amaslam is not correct in saying that all you need is a marriage certificate and you will be ok applying for the spouse visa. I am making this point because the test is not whether or not you are married, but whether you are in a genuine and continuing relationship.

But IF you are married, then as long as you have shown that you are in a genuine and continuing relationship you don't need to be able to show 12 months of evidence of your relationship.

In your case a marriage certificate and evidence showing your living arrangement (statements from the parents) and any other evidence will probably be fine but if you are not happy to get married just now here are your other options:

2) Lodge a de facto (civil partnership) application as you suggested: You have not provided enough info in your post for me to be able to say just how risky that would be, but form the sounds of what you have said, I think you may be in danger of wasting your money. The living arrangement you have is not a problem, but I am not sure whether all up you would have enough evidence to show that your relationship has lasted 12 months and is genuine and continuing.

3) Lodge a fiance visa - a fiance visa will be granted if you intend to be married within 9 months of the visa grant. This is a relatively simple visa and if you are happy to pay the visa fee and to get married within 9 months, this is a good option. After you are married you will be able to lodge a spouse visa.

You cannot lodge this visa from within Australia though! Your partner must be outside of Australia at the time of visa lodgment and visa grant.


4) Get your partner to apply for a working holiday visa to begin with, as you suggested. If you open a joint bank account now then your time would start counting now, so in 12 months from now he could apply for either a de facto spouse visa (assuming that you put as much evidence as possible into joint names once you arrive in Australia) or, once you are married, a spouse visa. There is no issue with applying for a spouse visa from within Australia, but do remember that as a working holiday visa holder his intention when entering Australia is to come in for 12 months as a working holiday maker NOT so that he can come in to stay permanently and lodge a spouse visa.

A working holiday visa is very cheap and simple and can be applied for and granted within 24 hours. A working holiday visa may also be extended for a further 12 months (provided that your partner completed 3 months of specified (labour or seasonal) work.

The only catch is that your partner may not work for the same employer for more than 6 months.

I am a migration agent so I won't tell you about the benefits of using an agent because then you will assume that I am trying to drum up some business. But I just wanted to say that if you do decide to apply without the help of an agent, then you should take your time to get it all right.

I my opinion you probably do not have time, given that you have to return to OZ by October, to get things properly organised and to have a visa granted while you are here. It may be doable but you'd have to work hard to get everything sorted.

Given your timescales I'd say that the easiest option will be for you to get to Australia before your visa label expires, with your partner on a working holiday visa, and then to have him apply from Australia, preferably after you are married.

I hope that helps a little bit but if you need to have a chat feel free to give me a call.

Cheers,
Veronika
 

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Discussion Starter · #6 ·
Hi Veronika,

Thankyou so so much for that information, as you can understand the situation is not an easy one.

Ideally we would like to apply for a spouse visa, I did not realise that a fiance visa was available. Is that for outside Australia? We are getting married in May next year and everything is booked and organised so it would be really difficult to try and rearrange that!

If we were to go for the fiance visa would that entitle him to enter Australia even if we were then married? Is it as difficult to obtain with our current situation as the spouse visa seems to be??

Would it be allowed if he was to enter Australia on a Working Holiday Visa and then to apply for a spouse visa? I don't want to break any immigration laws!!

Also roughly what would we be looking at in regards to finances?

Many thanks

Bex
 

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Hi,
The visa cost £666 pounds but I think it has gone up I sent mine off July time and I know that it went up shortly after that maybes to £700.

You have to submit Police Checks and medicals with the visa. The medicals cost me roughly around £300. The Police Check cost me about £45.
The stat decs that you need to get from 2 ozzie citizens need to be witnessed by a solicitor which can vary in cost. I paid £25 pounds for a judge to witness mine but then realised you could get a solicitor which cost a £5.

I started collecting the info for it in October last year and read the info on the application about a million times. It's mainly the evidence that is time consuming that you have to collate I'll add a list of all the stuff that I put in.

The things I have are:
1.3 bank statements to show the course of time that we have lived together over the past 3 years showing the sharing of rent, bills, food etc...

2. Council tax bills and water bills with both of our names on.

3. Gas and Electricity bills which are in my partners name but I have highlighted in my bank statements how we divided these.

4. Tenancy agreement our last address.

5. ticket stubs, itineray and travel stamps for when we have traveled together.

6.I have about 8 pages of photographs showing when we first met, my graduation, family hols, and friendhip groups

7. A wedding invitation addressed to us both

I also was asked by my case officer to provide more evidence from the early stages of our realtionship to show that we lived together so I had to submit more bank statements from my partner as proff of address.

Hope this helps.

Heather
 
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