amandapatey

I am a 20 year old Canadian citizen hoping to marry my Australian boyfriend. We met online 6 years ago and in September 2008 I flew there on a working holiday visa to be with him. Unknown to me at the time is that you CAN'T apply for a second working holiday visa UNLESS you've worked 3 months in regional Australia... and now I'm back in Canada because my visa expired, feeling stranded :|. My boyfriend applied for a Canadian working holiday visa, but due to a few things on his criminal record he was denied, but is able to reapply late next year as it will be 10 years since his last conviction. That's a long time to wait though and we both just want to be together... so my main question is, am I able to go to Australia on a visitors visa (ETA), get married to him, apply for the Partner Temporary Visa (subclass 820) from within Australia, and get a bridging visa until it is granted? I've read everything on the website that I could possibly find, and there's nothing specifically saying that you cannot do this, and the ETA appears to be eligible for a bridging visa. The prospective marriage visa is simply too expensive and not enough of a sure thing, and it says it takes 5-10 months to process. My family has never met him as he cannot get here, and I'm not sure I want my family to know about the marriage yet, but if need be, I'd be willing to tell them if it would help this work out for us. I have met all of his family though. We have proof of many expensive phone bills, and his name is on the lease of the apartment I am living in Canada currently, as this was done before his visa was denied. I think we have opened a joint back account in Australia but we never ended up putting any money in it. I've also sent money to him via Western Union. I only have a high school education as well (currently in my first year of university). We're not made of money but we can easily take care of ourselves with jobs.

I just don't want to go there on a three month ETA, get married, apply for the partner temporary visa, and get rejected and be stranded once again. Does anyone have any thoughts? I have emailed the proper people the same questions but have yet to hear back from them.

Anything would be appreciated :S.

Pollyana

If you can prove the relationship is genuine you aren't likely to get rejected. The main problem would be that if you come on an ETA and DIAC believe you intend to stay they MAY refuse you entry. However as long as you arrive with the intent to leave again, and change your mind and get married once you are here, then you aren't breaching the ETA rules

abner

Well, I can't answer your main question, but I can alert you to an issue that may impact your situation, whichever path you take to a spousal visa.

Get your Canadian police clearance underway early! Canada has the slowest turnaround time of any major country for issuing these. If you have a clean record, processing times can be anywhere from 2 - 6 months (mine took just over 3). If you have any convictions, it will likely be at the higher end of that range.

When I had mine done earlier this year, my DIAC CO commented that the Canadian authorities had just circulated a memo warning that the processing times were due to increase. (The CIC website promotes a fast-track electronic processing facility, but so far it applies only to US applicants.)

amandapatey

Is the police clearance required for a Partner temporary visa? (I assume it is). Was your clearance for the same sort of thing? Can I even apply for it before I apply for my visa?

Pollyana

Yes it is required for the Spouse Visa, and yes you can apply in advance

amandapatey

Oh, excellent, thank you so much! I never would have realized it could take so long, that helps a lot.

bagspacked

why not both go to new zealand and spend the year there. Once you have lived together for 12 months you can apply for defacto

abner

I don't know about the applicability to a Partner temporary visa in isolation, but suspect you will need it. I was applying for both temporary and permanent spousal visas at the same time, and ended up being granted the permanent one directly, as there was already a child involved.

The police clearance processing was started about 6 weeks before my initial DIAC interview. There's probably some time limit to its validity once issued by Canada, but unfortunately I don't have that detail in my notes.

amandapatey

Would he be able to do that with a past record? That's the whole reason he couldn't come to Canada. Although Canada seems to be quite strict about these things, and NZ and AUS would have closer ties, I'd imagine.

Dorothy

You only have to go to your local police station in Canada for a police check, not RCMP. ALL police services in Canada are linked to the CPIC system and have the exact same information that RCMP have. You will find it much quicker to visit your local station.

kyler

Dorothy, just from recent personal experience I had to get my PCC in Vancouver from the city police office (Delta Police) and it took over 3 months to get it in the mail. 2 years earlier with the RCMP I was able to walk in and got it the same day while I waited!

Agreed it's still better to do it in person as I believe if you apply my mail you must send in fingerprints; they won't just do a name check as they can't verify your identity in person. This is contrary to AFP check in Oz where you can mail in all the required docs and get a name check done without having to go in person.

Ozzidoc

Yes. Aussies can live and work in NZ, and Kiwis can live and work in Australia, both without restrictions.

canadaeh

Not 100% true.

The free movement between NZ and AUS by Citizens of each is subject to certain restrictions when it comes to some criminal convictions, you will need to contact the New Zealand Embassy to confirm if and what the restrictions are for his criminal convictions.

For Australians moving to New Zealand:

“Citizens and permanent residents of Australia (who do not have certain criminal convictions) may visit, live and work in New Zealand indefinitely.”

Here are more details on it:

http://www.nzembassy.com/topic.cfm?C...c=18&l=60&s=go

Dorothy

Does your partner have the criminal convictions which would prevent him from living in New Zealand? If not then it is a possible way for you to be together.

Ozzidoc

OK. I stand corrected. I learned something new today