I am seriously considering emigrating to Australia, and I'd like to know what is the situation concerning my Fiancee and the visa application. We got engaged last year and will be getting married in May 2001. Can I apply to emigrate with her as it stands or do I have to wait until we are married?

Thanks.

Hi Adrian -- best bet is go and look at http://www.immi.gov.au for information on the
Fiance`/Prospective Spouse Visa -- that's the same sort of visa I came out to Oz on
in 1998. You don't really have to wait til you're married to do this process, unless
you come out on a tourist visa (not that I'm encouraging it) and get married then
apply on Spousal grounds. (Spouse Visa) If you apply for the Prospective
Spouse/Fiance` Visa -- the process varies depending on which country you're coming
from -- mine took 17 weeks (4 months) as I was coming from USA. Where are you getting
married? Looks like you'll be applying for the Spouse Visa as it's May 2001 at this
stage. I'm sure either Mr George Lombard or Jeremy or Jason will be able to answer a
few questions in regards of the Spouse Visa. :)

Regards,

Dawn

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Hello Adrian,

your fiancée would need to be a member of your family unit at the time you apply for
the visa, either your spouse or de-facto spouse.

Where she is applying as a de-facto spouse and the visa you are applying for is a
permanent residence visa she will need to show 12 months cohabitation with you at the
date of the application.

Where the visa you are applying for is a temporary residence visa, in most cases she
will not need to show that she has cohabited with you for 12 months as your de-facto,
simply that she is your de-facto at the time of application.

If you are marrying in May 2001 (this month) you could wait until you are married
before you lodge (only a matter of 2 weeks) and then include a certified copy of the
marriage certificate with the application.

Andrew Hackworthy http://members.dingoblue.net.au/~immigration Email:
[email protected]

Adrian Robson
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