Prospective spouse Visa Problem
 

Hi

My girlfriend of 5 years wishes to immigrate to Australia to live with me, but we have a question regarding the prospective spouse visa. As we have not lived continually together for 12 months we cannot apply as a defacto couple and as a skill migrant she falls short of the number of points needed. What we see as the best approach is to get a prospective spouse visa which will then allow us to live together and then get married within 9 months. But a problem we have is that we do not wish to get married in Australia but in the UK.

If my girlfriend was to come out to Australia then get married outside the country, would we then have to apply for a Spouse visa and would there be an issue with the immigration department as we are effectivily breaking the rules of the 'prospective spouse visa?

We could get married in the UK first then apply for a visa, but we do not want to be apart for that long as we wouldn't tie the knot until late next year and also because of the visa wait period involved.

Any suggestions?

Re: Prospective spouse Visa Problem
 

[QUOTE][SIZE=1]Originally posted by AUMike:
Hi Alan Collett posted, what I believe would go a long way to sort out your problem , yesterday and referred people to his site Go Matilda Have a look at it It gives you time frames in the UK for spousal visa's particularly if you front load them
Good Luck Gerard

Re: Prospective spouse Visa Problem
 

Hi
I think if you check on the immigration website, it doesnt matter that you havent been living together for 12 months. They just want proof that it is an ongoing relationship and you have been together for 12 months. If there are immigration laws that prevent your gorlfriend from staying with you for 12 months in australia (which there are) then you have to prove how you stayed in touch etc while she was out of the country.

Have a look at the website....I think you'll find you should be ok.
If im wrong, please let me know as I am in the same situation as you with my boyfriend.
Thanks
Katherine

Re: Prospective spouse Visa Problem
 

If you want to get married in the UK, you should not apply for a
fiance visa. Get married, and then apply at the AHC London for a
spouse visa. Apparently they are doing these pretty quickly at the
moment so long as the application is properly presented.

Jeremy

    >On Tue, 01 Oct 2002 01:54:04 +0000, AUMike wrote:
    >Hi
    >My girlfriend of 5 years wishes to immigrate to Australia to live with
    >me, but we have a question regarding the prospective spouse visa. As we
    >have not lived continually together for 12 months we cannot apply as a
    >defacto couple and as a skill migrant she falls short of the number of
    >points needed. What we see as the best approach is to get a prospective
    >spouse visa which will then allow us to live together and then get
    >married within 9 months. But a problem we have is that we do not wish
    >to get married in Australia but in the UK.
    >If my girlfriend was to come out to Australia then get married outside
    >the country, would we then have to apply for a Spouse visa and would
    >there be an issue with the immigration department as we are effectivily
    >breaking the rules of the 'prospective spouse visa?
    >We could get married in the UK first then apply for a visa, but we do
    >not want to be apart for that long as we wouldn't tie the knot until
    >late next year and also because of the visa wait period involved.
    >Any suggestions?
    >--
    >Posted via http://britishexpats.com

Re: Prospective spouse Visa Problem
 

Hi Katherine

From a DIMA officer, I was told that I had to been living with my partner for at least 12 months for them to recognise that we where in a defacto relationship. I believe this is the legal definition of De-Facto here in Australia. Saying that, you also need to prove the de-facto relationship is real by providing documentary evidence ie joint accounts, bills, assets.

Saying that, this could be waived if:
(taken from dima partner info pack)
* your partner was granted a permanent humanitarian visa and was in the relationship with you before the visa was granted"
* you can establish compassionate and compelling circumstances - these include having dependent children of the relationship

Even though I have been in a relationship for 5 years and have live on and off with my girlfriend, I was told they will not recognise this as a de-factor co-habitation.

I can forward the info pack if you like, just send me a private message. It clarifies and makes easier reading than some of the points made on their website, but note that it was downloaded March this year and may have changed since then.

Michael.

Re: Prospective spouse Visa Problem
 

You have to have been living together for 12 months. This time period is
non-negotiable.

--
Regards
Peter Sims
[email protected]


"kath2604" wrote in message
news:430544.1033479946@britishexpats-
.com...
    > Hi
    > I think if you check on the immigration website, it doesnt matter that
    > you havent been living together for 12 months. They just want proof that
    > it is an ongoing relationship and you have been together for 12 months.
    > If there are immigration laws that prevent your gorlfriend from staying
    > with you for 12 months in australia (which there are) then you have to
    > prove how you stayed in touch etc while she was out of the country.
    > Have a look at the website....I think you'll find you should be ok.
    > If im wrong, please let me know as I am in the same situation as you
    > with my boyfriend.
    > Thanks
    > Katherine
    > Originally posted by AUMike:
    > > Hi
    > >
    > > My girlfriend of 5 years wishes to immigrate to Australia to live with
    > > me, but we have a question regarding the prospective spouse visa. As
    > > we have not lived continually together for 12 months we cannot apply
    > > as a defacto couple and as a skill migrant she falls short of the
    > > number of points needed. What we see as the best approach is to get a
    > > prospective spouse visa which will then allow us to live together and
    > > then get married within 9 months. But a problem we have is that we do
    > > not wish to get married in Australia but in the UK.
    > >
    > > If my girlfriend was to come out to Australia then get married outside
    > > the country, would we then have to apply for a Spouse visa and would
    > > there be an issue with the immigration department as we are
    > > effectivily breaking the rules of the 'prospective spouse visa?
    > >
    > > We could get married in the UK first then apply for a visa, but we do
    > > not want to be apart for that long as we wouldn't tie the knot until
    > > late next year and also because of the visa wait period involved.
    > >
    > Any suggestions?
    > --
    > Posted via http://britishexpats.com


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Re: Prospective spouse Visa Problem
 

It is really quite simple. Either your fiance enters on a prospective
marriage visa and you marry here or you marry in UK and enter on a spouse
visa. Trying to short circuit the system is quite damgerous. Visas are very
specific and do not offer flexibility. Prospective spouse means exactly
that.

--
Regards
Peter Sims
[email protected]


"AUMike" wrote in message
news:430085.1033437244@britishexpats-
.com...
    > Hi
    > My girlfriend of 5 years wishes to immigrate to Australia to live with
    > me, but we have a question regarding the prospective spouse visa. As we
    > have not lived continually together for 12 months we cannot apply as a
    > defacto couple and as a skill migrant she falls short of the number of
    > points needed. What we see as the best approach is to get a prospective
    > spouse visa which will then allow us to live together and then get
    > married within 9 months. But a problem we have is that we do not wish
    > to get married in Australia but in the UK.
    > If my girlfriend was to come out to Australia then get married outside
    > the country, would we then have to apply for a Spouse visa and would
    > there be an issue with the immigration department as we are effectivily
    > breaking the rules of the 'prospective spouse visa?
    > We could get married in the UK first then apply for a visa, but we do
    > not want to be apart for that long as we wouldn't tie the knot until
    > late next year and also because of the visa wait period involved.
    > Any suggestions?
    > --
    > Posted via http://britishexpats.com


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Re: Prospective spouse Visa Problem
 

I'm working on the same problem as well here...

can peps make up there mind here, do you have to be pysically living
together for 12 months or just still be in a genuine relationship for 12
months.. ?

as I am trying to work out how to be with my fiance.. I have know her for
well over 12 months but not lived together for 12 months though..
I can provide plenty of evidence that the realationship is genuine.. anyway
I was considering on going over there on a temporary visa and then get
married and then apply for a spouse visa.. but would this be wise...
would applying a fiance visa be a better option or would I have a worse
time taking that route...

if you wondering I'm in the uk and she is in Oz..

Suggestions would be most grateful...

"Peter Sims" wrote in message
news:3d9a3689$0$3488$5a62-
[email protected]...
    > It is really quite simple. Either your fiance enters on a prospective
    > marriage visa and you marry here or you marry in UK and enter on a spouse
    > visa. Trying to short circuit the system is quite damgerous. Visas are
very
    > specific and do not offer flexibility. Prospective spouse means exactly
    > that.
    > --
    > Regards
    > Peter Sims
    > [email protected]
    > "AUMike" wrote in message
    > news:430085.1033437244@britishexpa-
    > ts.com    ...
    > >
    > > Hi
    > >
    > > My girlfriend of 5 years wishes to immigrate to Australia to live with
    > > me, but we have a question regarding the prospective spouse visa. As we
    > > have not lived continually together for 12 months we cannot apply as a
    > > defacto couple and as a skill migrant she falls short of the number of
    > > points needed. What we see as the best approach is to get a prospective
    > > spouse visa which will then allow us to live together and then get
    > > married within 9 months. But a problem we have is that we do not wish
    > > to get married in Australia but in the UK.
    > >
    > > If my girlfriend was to come out to Australia then get married outside
    > > the country, would we then have to apply for a Spouse visa and would
    > > there be an issue with the immigration department as we are effectivily
    > > breaking the rules of the 'prospective spouse visa?
    > >
    > > We could get married in the UK first then apply for a visa, but we do
    > > not want to be apart for that long as we wouldn't tie the knot until
    > > late next year and also because of the visa wait period involved.
    > >
    > > Any suggestions?
    > >
    > > --
    > > Posted via http://britishexpats.com
    > >
    > ---
    > Outgoing mail is certified Virus Free.
    > Checked by AVG anti-virus system
    > (http://www.grisoft.com).
    > Version: 6.0.391 / Virus Database: 222 - Release Date: 20/09/2002


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Re: Prospective spouse Visa Problem
 

defacto, means that you live together like husband and wife. Being in a
genuine relationship does not necessari;y constitute defacto. If you can
enter Australia on a temporary visa with no untoward conditions like '8503'
which means no further stay, then you could get married and apply onshore
for a spouse visa. You must not indicate this as your intention when
applying for your temporay visa. Family stream visas from UK are quite quick
and a sound prospective spouse application would be the correct thing to do.

--
Regards
Peter Sims
[email protected]


"James O'Brien" wrote in message
news:[email protected]
ra.net...
    > I'm working on the same problem as well here...
    > can peps make up there mind here, do you have to be pysically living
    > together for 12 months or just still be in a genuine relationship for 12
    > months.. ?
    > as I am trying to work out how to be with my fiance.. I have know her
for
    > well over 12 months but not lived together for 12 months though..
    > I can provide plenty of evidence that the realationship is genuine..
anyway
    > I was considering on going over there on a temporary visa and then get
    > married and then apply for a spouse visa.. but would this be wise...
    > would applying a fiance visa be a better option or would I have a worse
    > time taking that route...
    > if you wondering I'm in the uk and she is in Oz..
    > Suggestions would be most grateful...
    > "Peter Sims" wrote in message
    > news:3d9a3689$0$3488$5a-
    > [email protected]    ...
    > > It is really quite simple. Either your fiance enters on a prospective
    > > marriage visa and you marry here or you marry in UK and enter on a
spouse
    > > visa. Trying to short circuit the system is quite damgerous. Visas are
    > very
    > > specific and do not offer flexibility. Prospective spouse means exactly
    > > that.
    > >
    > > --
    > > Regards
    > > Peter Sims
    > > [email protected]
    > >
    > >
    > > "AUMike" wrote in message
    > > news:430085.1033437244@britishex-
    > > pats.com    ...
    > > >
    > > > Hi
    > > >
    > > > My girlfriend of 5 years wishes to immigrate to Australia to live with
    > > > me, but we have a question regarding the prospective spouse visa. As
we
    > > > have not lived continually together for 12 months we cannot apply as a
    > > > defacto couple and as a skill migrant she falls short of the number of
    > > > points needed. What we see as the best approach is to get a
prospective
    > > > spouse visa which will then allow us to live together and then get
    > > > married within 9 months. But a problem we have is that we do not wish
    > > > to get married in Australia but in the UK.
    > > >
    > > > If my girlfriend was to come out to Australia then get married outside
    > > > the country, would we then have to apply for a Spouse visa and would
    > > > there be an issue with the immigration department as we are
effectivily
    > > > breaking the rules of the 'prospective spouse visa?
    > > >
    > > > We could get married in the UK first then apply for a visa, but we do
    > > > not want to be apart for that long as we wouldn't tie the knot until
    > > > late next year and also because of the visa wait period involved.
    > > >
    > > > Any suggestions?
    > > >
    > > > --
    > > > Posted via http://britishexpats.com
    > > >
    > >
    > >
    > > ---
    > > Outgoing mail is certified Virus Free.
    > > Checked by AVG anti-virus system
    > > (http://www.grisoft.com).
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    > >
    > >
    > ---
    > Outgoing mail is certified Virus Free.
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    > (http://www.grisoft.com).
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Visa decision
 

Well, my partner and I have decided that the best approach for us is to simply apply for a prospective spouse visa. Even though our marriage plans have now been brought forward, its best to do it right the first time rather than have any other issues delay the process.

Having to now get married in Australia wasn't really part of the original plan, but to appease our family our friends in the UK who cannot be here, and DIMA, our plans are now to have a beach/raintree service in Cairns for us, and then when we can afford it a proper church service for everybody else.

Either way, at least my partner and I will be together.

Many thanks to everybody and best of luck to James and Katherine.

Michael