VileMerchant

OK,

We were meant to be going thru with the Prospective Marriage Visa next
week, but now we're having second thoughts. After reading kim's post
that it took exactly 4 months from application to approval, plus a week
or two for me to send all my stuff to the UK so Rachael can lodge the
application, plus a few weeks after that for her passport to get done
and find flights, plus beuracrats shutting off for christmas, etc, it
could be Febuary or worse by the time she gets here. She's already been
there a month, her mother driving her nuts etc. It's just too long a
timeframe.

We've been together well over 12 months now, most of which was living
together in Australia when she was on a working holiday visa and then a
3 month ETA (with a 6 week break inbetween). Now my question. If she
was to enter Australia on an ETA now and we were to get married and
immediately lodge our application as a spouse visa, would this be a huge
no-no and be rejected because she entered on an ETA? It does say on the
ETA page that it's not for people who intend to stay, but surely there
must be some way to get here in the first place in order to apply for a
spouse visa??

Things like this confuse me.

"If you are applying in Australia, you may not be eligible to be granted
this visa, if you or your accompanying dependent family members:

* do not hold a substantive visa (a visa that is not a Bridging
visa or a Criminal Justice visa) and have had a visa refused or
cancelled since your last entry to Australia"

Is an ETA a substansive visa or even a visa at all?

If anyone can help with this we do need a quick answer!

VileMerchant

My other problem if we do have to go thru with the Prospective Marriage
visa is the Notice Of Intent to Marry which we have not yet done. Is it
even possible to go and see a celebrant and get a NOIM when i'm in
Australia and she is stuck in the UK?

Pollyana

Are you applying in the UK? The timelines there seem to be usually much quicker than the US where Spouse/Fiance visas are coneerned. Four months would be a long time for a straight-forward UK application
She can send the passport when she lodges the application - not recommended for all visa types, but works in cases like this which are quicker.
You can visit the celebrant and arrnage the NOIM without her there - explain that its necessary for the visa, and you will find many of them are familiar with this. You will almost certainly have to rebook the ceremony because the NOIM is only valid for a certain length of time. If the celebrant is unwilling, keep making phone calls.

If DIMA suspect that she is entering on an ETA to get married and stay, they may refuse her at Immigration on entry.

wsbtroyno21

Can't you apply for a De-facto Spouse Visa ??? ...........if you have documents to prove that you have been living together as a couple for 12 months then surely this would be a much quicker option. Just a thought.

Wendy