British Expats

British Expats (https://britishexpats.com/forum/)
-   Immigration, Visas & Citizenship (Australia) (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/)
-   -   best options? (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/best-options-243158/)

anetdej Jul 19th 2004 11:47 pm

best options?
 
hi,

posted this originally on another forum before realising this was the one i needed - i think.

need some advice on the best option for my daughter and her partner. brief history - they are currently living in Portugal, he being australian of Portuguese parents, they met about 7 months ago and have been living together for about two months now, with his parents. He has not been able to find work in Portugal after 10 months of trying and now his previous employers in Sydney have offered his job back to him, he has to decide whether to accept and go back or not . if he goes back it will be in the next month or so, Alison can not go with him, she would come home to the uk after living in Portugal for the past 2.5 years and start the visa process. the other option is that he turns down the job in Oz and comes to UK with her and tries to find work here - which would be as difficult as in Portugal. (he has Portuguese passport as well as Ozzie one, so no problem with coming to Uk)

if Luis was to go back to oz, what would the best choice of visa be for Alison? the spouse visa means they would have to marry within 9 months and even though they are together now and fully intend to continue living together in the future, marriage is not something that they want to be rushed into, they have not decided on a time frame or even if they want to marry here in the uk, in Portugal or in oz, but reading the application forms they have to supply documented proof from a minister or whatever that they have set a date, time and venue for their marriage!

A working visa for Alison restricts her to work for an employer for no more than three months. there is a possibility that Luis employer can offer her a job but from what i've read they cannot offer her a job that an australian could be doing e.g secretarial or catering.

They just don't know which way to turn, he has a week to decide on the job offer, they would come to the uk and then he would travel to oz in about a months time, leaving two very unhappy people thousands of miles apart.

Are we missing something? are there any easy options?

All advice gratefully received.
many thanks
Annette

saraliz Jul 20th 2004 12:00 am

Re: best options?
 
To be honest, I would think that a WHV would be the "easiest" option. It's simple to get, and would allow her to stay in Australia for a year (after which she could reassess the situation with her partner). The 3-month restriction is a bit of a pain, but if she's happy not getting a career-type job then it shouldn't pose much of a problem. Most temporary agencies in Australia are familiar with the working holidaymaker situation and the 3-month per employer limit and should be able to find her longer term temporary positions that would allow her to stay employed throughout her stay.

JAJ Jul 20th 2004 12:11 am

Re: best options?
 
A working holiday visa sounds like a good option. Another option may be a student visa, but a WHV would likely be easier and give her the opportunity to check things out in Australia.

It's necessary for her to only intend a holiday, but it's ok to change her mind later after checking Australia out.

There is no restriction on the type of work WHV holders can do provided that:

- the 3 month limit is strictly observed; and
- the intention is to holiday in Australia, with work being incidental to this.

If your daughter goes to Australia on a WHV she could later apply for a spouse visa onshore if she was legally married or could show 12 months cohabitation (necessary to be treated as a de-facto spouse).

The fiance visa is not available onshore.

If she was planning to apply for another visa onshore, it would be *very* important to do so while still lawful (ie, within the period of stay allowed on her WHV).

If you want professional advice you won't get it from an online forum - you usally need to pay for it!

Once in Australia there are some community organisations that offer immigration assistance. IARC and RILC are two of them:
http://www.iarc.asn.au
http://www.rilc.org.au

Jeremy


Originally posted by anetdej
hi,

posted this originally on another forum before realising this was the one i needed - i think.

need some advice on the best option for my daughter and her partner. brief history - they are currently living in Portugal, he being australian of Portuguese parents, they met about 7 months ago and have been living together for about two months now, with his parents. He has not been able to find work in Portugal after 10 months of trying and now his previous employers in Sydney have offered his job back to him, he has to decide whether to accept and go back or not . if he goes back it will be in the next month or so, Alison can not go with him, she would come home to the uk after living in Portugal for the past 2.5 years and start the visa process. the other option is that he turns down the job in Oz and comes to UK with her and tries to find work here - which would be as difficult as in Portugal. (he has Portuguese passport as well as Ozzie one, so no problem with coming to Uk)

if Luis was to go back to oz, what would the best choice of visa be for Alison? the spouse visa means they would have to marry within 9 months and even though they are together now and fully intend to continue living together in the future, marriage is not something that they want to be rushed into, they have not decided on a time frame or even if they want to marry here in the uk, in Portugal or in oz, but reading the application forms they have to supply documented proof from a minister or whatever that they have set a date, time and venue for their marriage!

A working visa for Alison restricts her to work for an employer for no more than three months. there is a possibility that Luis employer can offer her a job but from what i've read they cannot offer her a job that an australian could be doing e.g secretarial or catering.

They just don't know which way to turn, he has a week to decide on the job offer, they would come to the uk and then he would travel to oz in about a months time, leaving two very unhappy people thousands of miles apart.

Are we missing something? are there any easy options?

All advice gratefully received.
many thanks
Annette

anetdej Jul 20th 2004 12:31 am

Re: best options?
 
Thanks for the replies..

i think the student route would be out of the question because of the cost ( having to have thousands of dollars available - she could just about manage the amount required for the WHV - at least if she were there then the de facto route would be possible as they would have been together for the 12 months - will the time they will spend apart count towards the 12 month rule?

i have just had txt from them saying they are so confused, afraid and upset all at once, alison is getting so stressed and so am i being in the uk and them in portugal!

Annette

JAJ Jul 20th 2004 12:35 am

Re: best options?
 
I think your best option is to get professional advice on the way forward.

It might even be best to apply for a spouse visa on de-facto grounds now - depending on what evidence of cohabitation (if they have lived together for 12 months or more) can be submitted. This can be done at the Australian High Commission in London.

When people are confused and stressed, trying to get information from an online forum (and second hand at that) is *not* necessarily the best option.

The forum should be able to provide advice and recommendations for agents.

Jeremy


Originally posted by anetdej
Thanks for the replies..

i think the student route would be out of the question because of the cost ( having to have thousands of dollars available - she could just about manage the amount required for the WHV - at least if she were there then the de facto route would be possible as they would have been together for the 12 months - will the time they will spend apart count towards the 12 month rule?

i have just had txt from them saying they are so confused, afraid and upset all at once, alison is getting so stressed and so am i being in the uk and them in portugal!

Annette

anetdej Jul 21st 2004 10:27 pm

Re: best options?
 
Can anyone advise as to whether the three and half months that Alison and Luis will have lived together before he goes back to oz counts towards the twelve month rule for defacto visa, or will they need to start from scratch, and the time they have spent together does not count.

any advice very welcome

thanks

annette


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