Girlfriend moving to Oz. is it possible
 

Hi guys, i thought i'd seek some advice on something.

Many years ago as a late teenager, i had a brief relationship with a girl in the UK. I now live in Australia and she is still in the UK. I'm 52 and she's 47.
I am an Australian citizen and she is in a marriage she plans on getting out of very soon.... She's suffered years of abuse and has had enough.

She found me on facebook and we've chatted for over a year now.

What would the chances ever be of her being able to marry, live and work in Australia. Obviously thats down the track a bit but we have both said how we feel about each other and it's definitely a possibility.

I just don't want to go down the path of her visiting and have a wonderful holiday here, only to be told she could never make the move permanent.

Thanks

Re: Girlfriend moving to Oz. is it possible
 

How else are you going to find out if you are the same people that you were all those years ago.
Why did your relationship with here not last all those years ago?
Maybe the same reasons will apply when you meet again. The brain has a habit of editing out memories over time.

Re: Girlfriend moving to Oz. is it possible
 

I think its fair to say we most certainly aren't the same people we were all those years ago. We were young, daft and played the field.

Since we have started chatting and writing, we have discovered that theirs a real connection that we'd both love to take further....

We're both pretty certain we'd get along like a house on fire. I know she'd end up feeling the same as most of us do when we leave for a life in another country, but we're confident we can handle it.

The fact is i don't know IF we could make it permanent, and thats my question..

Regards

Re: Girlfriend moving to Oz. is it possible
 

There are a few ways to do it. First, she can come on a holiday for a few months and see how it goes . If things work out after a while then you look at ways to satisfy the 12 months cohabitation to qualify for a defacto visa. You can do this by her living with you while she's here then you going to the UK with her after her visa runs out, or go on an extended holiday, just to get the 12 months. Once you have evidence of that you apply. (This is the one I would recommend. Get to know each other and see how it goes before committing to an international move)

Second would be for her to qualify for a skilled visa in her own right. What does she do? What qualifications does she have?

Third would be for her to find an employer willing and able to sponsor her for a 457. Once here she moves in and you start accumulating the 12 months for the defacto visa.

Last is that you go back to the UK and live with her there. Once you have the required time together you apply.

Re: Girlfriend moving to Oz. is it possible
 

If your state recognises relationship registration then that can negate the 12 month period of living together.

Re: Girlfriend moving to Oz. is it possible
 

There is also the option of a Prospective Marriage Visa -she applies from the UK it gives her 9 months to move to Aus, marry you and then apply for a Spouse Visa on the grounds of marriage.
She can visit as a tourist while waiting for it to be granted.

Whatever route you choose, start saving everything, now, any contact between you that shows the previous relationship, and shoes how it is developing now.

Re: Girlfriend moving to Oz. is it possible
 

She's still married, Pol.

Re: Girlfriend moving to Oz. is it possible
 

Which also means the "registered relationship" won't work. They have to resolve the existing marriage first.
She won't qualify for Skills either unless her existing partner agrees to meds and police checks.

Re: Girlfriend moving to Oz. is it possible
 

Also annuls your advice of 12 mths of living together doesn't it?

Re: Girlfriend moving to Oz. is it possible
 

I won't comment on the relationship aspect, but in terms of the basic immigration procedures, the following is the cheapest and easiest way to proceed:

1. Finalised the divorce.
2. Travel to Australia on a visitor visa (subclass 601/651).
3. Get married in Australia.
4. Apply in Australia for a subclass 820/801 Partner visa.
5. After four years apply for Australian citizenship.

If she's a British citizen then applying for a subclass 300 Prospective Marriage visa is an unnecessary added expense as obtaining a visitor visa to marry in Australia is free of charge and usually automatic.

Re: Girlfriend moving to Oz. is it possible
 

Just gives them a little longer to get to know each other before taking the plunge :)

Re: Girlfriend moving to Oz. is it possible
 

No comment! :p

Re: Girlfriend moving to Oz. is it possible
 

I don't know if it does. I thought you could be legally separated but defacto with a different partner. Certainly you can be according to the family court of WA

Re: Girlfriend moving to Oz. is it possible
 

Each state and territory has its own requirements regarding registered relationships and they vary quite widely. You can be in a de facto relationship and still be married to someone else according to DIBP however.

Re: Girlfriend moving to Oz. is it possible
 

You can or cannot according to DIBP? If you can then that's good news for the OP and his girlfriend.

Re: Girlfriend moving to Oz. is it possible
 

You can although the normal rules regarding evidence of 12 months of de facto relationship still apply.

Re: Girlfriend moving to Oz. is it possible
 

Right. But she can rack up the requisite 12 months anf apply for defacto even if not divorced , which is what I had suggested. I'm glad to see that I hadn't steered the OP in the wrong direction.

Re: Girlfriend moving to Oz. is it possible
 

Indeed. She would obviously need a visa to live in Australia for that period though or have a registered relationship certificate. As mentioned the rules vary considerable and the OP would need to check whether their relationship could be registered before the divorce is finalised.

Re: Girlfriend moving to Oz. is it possible
 

Thanks guys, for the record, i'm in Queensland.

Can her and i rack up the 12 months cohabiting here in Australia?
Because i work i don't think i'd be able to go and spend any length of time in the UK without giving up my job......thats something i really don't want to do.

Cheers

Re: Girlfriend moving to Oz. is it possible
 

Queensland doesn't allow someone to enter into a civil partnership if they are already married or in a civil partnership so that option is ruled out until her divorce is finalised.

You can do but she'll need to apply for a 12 month subclass 600 Visitor visa which is more heavily scrutinised than the usual 3 month options for British tourists (subclass 601/651). She'll need to provide evidence of funds and ties to the UK. This might be difficult given she is divorcing her husband.

You may wish for her to visit you for a shorter period, say three months, and see how it goes. If it's something you both wish to pursue then she can return to the UK, finalise the divorce, return to Australia and then marry/enter into a civil partnership and apply for her to stay on as your spouse/partner.

Re: Girlfriend moving to Oz. is it possible
 

Thanks guys, would she be able to work on the subclass 600 visa?

It appears to be the only one that allows her to be here for 12 months.

The fiance visa looks like its 9 months which would mean we couldn't rack up the 12 months co-habiting requirement...

McDoosh

Re: Girlfriend moving to Oz. is it possible
 

No she can't work on a tourist visa. She could apply for a working holiday visa if she's under 31 though.

Re: Girlfriend moving to Oz. is it possible
 

I arrived in Australia four years ago on a 12 month tourist visa but, when I checked the terms of the visa, it allowed multiple entries into the country and the 12 months started again after each entry. I managed to get 23 months out of my 12 month tourist visa which gave us ample time to prove our 12 month de facto relationship.

I cannot say if today's 600 visa still allows multiple entries.

My original plan was to come here on the tourist visa for 12 months and hope that it would be enough to satisfy the de facto relationship but I was told on this site (quite rightly) that I would be on very dodgy ground since I was here on a tourist visa and, all of a sudden, would be applying for a completely different visa and telling a different story to the one I told to get my tourist visa.

Thankfully, we had been living together for 23 months and my partner visa went through without any issues.

Best of luck.

Re: Girlfriend moving to Oz. is it possible
 

No work is permitted as a visitor. A subclass 300 Prospective Marriage visa doesn't require you to cohabit for 12 months as you will be applying for a partner visa based on your marriage, not de facto relationship. It's not an option however until the divorce is finalised as you would both need to be free to marry.

Re: Girlfriend moving to Oz. is it possible
 

Sorry to throw cold water on this McDoosh, but is she committed? Finalising the divorce would be an excellent way for her to demonstrate that.

If she isn't willing to divorce the husband, watch out. You are not asking for problems, you are begging for them.

Re: Girlfriend moving to Oz. is it possible
 

Thanks guys,
The lady is commited as far as anyone can be moving to a new country. None of us really know how we will cope until we try it. But at least she'll have my support and thats more than i had when i arrived with no job, no home and a ten year old boy under my wing.

She wouldn't move here until the divorce was finalised, i'm just kinda trying to work out exactly what things need to be done for when the time comes.

Thanks a million

McDoosh

Re: Girlfriend moving to Oz. is it possible
 

It might have been mentioned, but my presbyopic eyes might have missed it - but does your girlfriend-who-is-in-the-midst-of-finalizing-her-divorce have children? Would that somehow complicate things? Gotta take that into consideration too - you wouldn't want the
soon-to-be-ex-husband filing a court claim to get his kids back from Australia....

Re: Girlfriend moving to Oz. is it possible
 

She has two boys but they aren't his. They are from a first husband who passed away.

And they are early 20's so they would stay in the UK anyway.

Cheers

Re: Girlfriend moving to Oz. is it possible
 

Ah, then that's one less hurdle (and headache) for you, my friend! Good luck!

Re: Girlfriend moving to Oz. is it possible
 

I think it must do. One of my cousins is currently on one of these, spending about 8 months in Aus this year, but zipped over to New Zealand a couple of months ago, and returned into Aus again.

Even the lowly (free) E-Visitor visa (subclass 651) allows multiple entries. I am on my second one. Lasts one year. Stay period: 3 month(s) from the date of each arrival. Travel Facility: Multiple.

Re: Girlfriend moving to Oz. is it possible
 

Since subclass 600 visas are individually processed by a real live human being it will depend on your circumstances as to what your case officer deems appropriate but a British citizen is very likely to receive a multiple entry visa.

Re: Girlfriend moving to Oz. is it possible
 

:lol: that tickled me - 'a real live human being'. As opposed to a fake dead one? :lol:

Re: Girlfriend moving to Oz. is it possible
 

:rofl: - similar to the "filmed before a live studio audience". What, you mean there are other types of audiences!? :rofl:

Re: Girlfriend moving to Oz. is it possible
 

Hi guys, further to the initial question i asked, my prospective partner is now here in Australia on holiday. It has allowed us to spend some time together and i can happily report that it has been just as wonderful as we both expected it to be.

Yesterday we visited a migration agent who recommended the Prospective marriage visa, subclass 300.

My question regards whether it is worth paying an agent 4 grand to do the application for us, or is it pretty straight forward?

I am an Australian citizen and she will be divorced with no dependants.
We intend to marry as soon as we can.

Thanks a million in advance

McDoosh

Re: Girlfriend moving to Oz. is it possible
 

I'll do it for $2000. Seriously, unless one of you has serious criminal convictions or a poor immigration history, then there's absolutely no need to spend that kind of money on a migration agent, particularly not for a PMV.

A subclass 300 Prospective Marriage visa ($7000) has to be applied for from outside Australia, you only have nine months once the visa is granted to enter Australia, get married, obtain a registry issued marriage certificate and lodge a subclass 820/801 Partner visa (another $1170). Or your girlfriend can simply return to the UK, finalise her divorce, come back on a subclass 651 visa ($0) to get married in your own time. Once married she can apply for a subclass 820/801 Partner visa and stay.

Re: Girlfriend moving to Oz. is it possible
 

Thanks for the reply, i have a question :-)

If it needs to be applied for from outside Australia, how on earth would a migration agent do it for me???

The plan is for her to return to the UK shortly and await the divorce to come through. She'd come back to Oz as soon as she could once the divorce is finalised and she is allowed to stay..... What ever visa allows that to happen.
The agent recommended applying for the subclass 300 followed by the 820..... Is that a long winded route or one that incurs unnecessary expense??

Cheers

Re: Girlfriend moving to Oz. is it possible
 

That would depend on what they are planning to do for you. Most applicants doing all the legwork themselves. Even if the agent is applying on your behalf, you'll still have to scan your own documents and email them to your agent for them to upload.

Both. There's no advantage to a subclass 300 Prospective Marriage visa if you are a British citizen unless you have a criminal convictions, health problems or a particularly poor Australian immigration history that prevents you from obtaining a subclass 651 eVisitor visa.

Re: Girlfriend moving to Oz. is it possible
 

I'm now scratching my head wondering why an agent would recommend that route if it was unnecessay? There are no criminal convictions or health problems either

McDoosh

Re: Girlfriend moving to Oz. is it possible
 

I can think of 4,000 reasons.

Re: Girlfriend moving to Oz. is it possible
 

Are you suggesting she could come back on another 651 and then apply for the 820/801, and not even bother with the subclass 300 at all...?

Is there a way she could come back on the 651, get married and then stay beyond the 3 months the 651 allows you?

Cheers