agihk

Dear all,

My girlfriend submitted her application (Skilled Independent) in mid-June 2003 and now I want to move permanently to Oz in early next year ('cos I'm tired of my job here and really need a break). If she goes to Oz together with me (I've validated by PR early this year), what's the best option for her visa? Fiancee visa or spouse visa or just an ETA? We plan to get married this year or next year.

Why I am thinking about a fiancee visa because if we found out her application was not successful after 52+ weeks, she could immediately apply for the spouse visa while we are in Australia through the fiancee visa (ie. no need to go back to our home country). However, we then had paid an extra A$1175 if her application is successful finally! Another reason is, having an ETA to enter Oz with an intention to stay till the PR is processed/decided seems to be inappropriate. So, I guess fiancee visa is the only choice we have (and an expensive choice as well!). Am I correct? We've also considered applying the student visa for a short course but that'll require even larger sum of money.

All your opinions are greatly appreciated. I'm a bit undecided now ... I know I have an option to settle in Oz after her PR granted but experience told me that it would be next Sept earliest for her PR to be granted! It's a long wait to me.

Thank you for your advice in advance.

Mountain Dew Or Crab Juice?

"agihk" <member@british_expats.com> wrote in message
news:[email protected]...
, she could immediately
    > apply for the spouse visa while we are in Australia through the fiancee
    > visa (ie. no need to go back to our home country).

Fiancée visa is an offshore visa. She cant be in the country at that time.

Regards



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bondipom

You can sponsor your partner after you receive your PR. I am not sure if you have to be "usually resident" ie actually living in Australia to be the sponsor. In the partner migration booklet a Permanent Resident is defined as:

A non citizen, being usually resident in Australia, who the holder of a permanent visa.

How DIMIA will treat a PR not usually resident is a question to ask the Agents.

As bad drink man says a fiancee visa cannot be applied for in Australia.

The good new is that you do not have to be married and can apply for a de facto spouse category if you have been together for more than 12 months.

Read booklet 1127 on www.immi.gov.au/allforms.

Just a note, if your relationship is under 5 years old (2 years where children are involved) your partner will be issued temporary residency. Temporary residency has full work rights but a lot of employers only take on PRs.

2 years after your initial application a decision will be made on PR. ie if you are still together your partner gets PR.

Have a good read of booklet 1127.

Jaj

    >> My girlfriend submitted her application (Skilled Independent) in mid-
    >> June 2003 and now I want to move permanently to Oz in early next year
    >> ('cos I'm tired of my job here and really need a break). If she goes
    >> to Oz together with me (I've validated by PR early this year), what's
    >> the best option for her visa? Fiancee visa or spouse visa or just an
    >> ETA? We plan to get married this year or next year.

There are a number of possible options, but it's rather complex for
newsgroup advice. Original poster should hire a competent migration
agent.



    >You can sponsor your partner after you receive your PR. I am not sure if
    >you have to be "usually resident" ie actually living in Australia to be
    >the sponsor. In the partner migration booklet a Permanent Resident is
    >defined as:

Permanent residents do have to be 'usually resident' in Australia to
sponsor for spouse visas. Citizens can sponsor for spouse visas from
overseas.


    >How DIMIA will treat a PR not usually resident is a question to ask
    >the Agents.

An application can be refused for this reason.


    >As bad drink man says a fiancee visa cannot be applied for in Australia.

That's correct. A fiancee visa can be applied for only outside
Australia and the applicant has to be physically outside Australia on
the date of lodgement. However, the applicant could just leave
Australia for a short period, lodge a fiancee visa, and then return
(assuming a visa allowing re-entry is held). One would have to go
back offshore for visa grant.



    >The good new is that you do not have to be married and can apply for
    >a de facto spouse category if you have been together for more than
    >12 months.

That's correct.

    >Just a note, if your relationship is under 5 years old (2 years where
    >children are involved) your partner will be issued temporary residency.

And this criteria is applied only at the time of application. Fall
short by a month or even a week and you spend the full 2 years on a
temporary visa.


    >Temporary residency has full work rights but a lot of employers only
    >take on PRs.

Depends on the type of job. For career orientated jobs where a long
terms commitment is looked for, it's definitely an issue in many cases
if you do not have full PR.

    >2 years after your initial application a decision will be made on PR. ie
    >if you are still together your partner gets PR.

A decision can be taken sooner if the relationship ends, or the
Australian partner dies. If this happens, get professional advice
fast - either from a good migration agent or an organisation like IARC
http://www.iarc.asn.au

Jeremy


This is not intended to be legal advice in any jurisdiction