TazCaz

From what I was reading on the Australian immigration site, I thought a a Prospective Marriage visa (subclass 300) was needed for a non-Australian wanting to enter the country with the intention to marry? If not, that's good to know - I assume it's just not something that's advertised?




Where we *want* to live is, of course, our driving factor - though at this stage we are very open to both. We're considering a bunch of things including employment, family and various plans we have, but the purpose of my posts here are specifically about the visa requirements for marriage in each situation.



It was just a six month UK tourist visa, but while there I spent just over two months travelling in Europe, meaning I didn't go over the 6 months/180 days allowed on a tourist visa (I had previously checked this was ok with UK immigration).

TazCaz

Ah, I see! I hadn't actually realised this was an option (not something I had come across in my research so far). Really good to know, thank you.

So essentially, he could come here on a three month tourist visa to visit me, we give one month notice to marry, and get married within the three months before he leaves - the we have the choice of applying for a spouse visa for him offshore to come to Australia, or me offshore to go to the UK?

And the same is not possible the other way around - on a tourist visa in the UK?

BritInParis

Covered concisely by Pollyana.

Getting married is one thing but since you intend to stay together as a couple in either the UK or Australia then a more holistic approach looking to the relative merits of each country's migration process for prospective spouses would be a better idea as it may prove more efficient to move to the country of choice, marry and then remain without having to leave again and then attempt to migrate at a later date.

That's good to hear as overstaying a visitor visa may have curtailed your options.

Pollyana

All correct

Beoz

Yep good point. I was referring to the spousal visa reading ahead with the posters intentions.

Lucky Lucan

I guess you realise that being married to a British citizen does not give you a automatic right to live in the U.K? you'd still have some hoops to jump through first.

TazCaz

I do Lucky Lucan - I often think the whole process is made unnecessarily difficult on purpose...

Obviously every situation is different, but have you any idea how long it could take for you to be able to live together in the same country once married? I'm starting to fear it could involve more years apart!

Pulaski

For most people, with a demonstrably bona fide marriage, getting a visa is a mere administrative formality. In other words the hoops are the fees and paperwork, and not unduly challenging.

Pollyana

Can't speak for the UK, but if you go to our UK visa forum you'll find lots of info there. http://britishexpats.com/forum/citiz...-visas-uk-196/

As for Aus - a) if your partner arrives on a tourist visa, gets married,and then decides to stay (having arrived with the intention of only holidaying), he can stay onshore and apply for an 820/801 Spouse Visa. He would get a bridging visa when his tourist visa expires and you can live together from Day 1.
b) If your partner gets a Prospective Marriage Visa he has 9 months to move here, get married and then apply for the 820/801. Again you can live together from Day 1.

If he leaves again and applies offshore for the 309/100 Spouse Visa processing time could be a year or more.

Lucky Lucan

And what about the financial requirements?

Lucky Lucan

I certainly think they are unfair, and designed to deter people, but where there is a will, there's a way, I don't suppose you've got a British parent or grandparent have you?

spuddyo

In her other post, TazCaz chats about having a baby in UK or Australia - I wonder would that effect the 'where to get married' and Visa alternatives ? I haven't understood in the threads whether she is pregnant already and planning to migrate, or planning a child after the marriage and migration process is completed. Just a thought.

Pollyana

There are no financial requirements for an Aussie Spouse Visa

Lucky Lucan

I said this
this was the reply
and so my question was

spouse of scouse

Leaving aside the cut and pastes of who said what, in Immigration terms, 'financial requirements' mean set financial criteria that must be met before a visa will be granted. The UK has these financial requirements, Australia doesn't.