abergas

Hi all, im a returning member been in Oz 9 years this year!!!

Ok my question is....My son who is 21 and holds a dual citizenship with UK and Australia, met a canadian lady and went over to be with her in June 2011 on a 2 year work visa. Their relationship is good and have both decided they want to move to Australia, she also has 2 children. They realise they may have to spend some time apart but really don't want to. What is the best way for them to return and with what visa, should they get married over there or here... they and we just don't know where to start, any advice is very much appreciated. Is it possible for them to come on holiday and apply over here for a spouse visa.... so many questions..... thanks guys, you all helped alot when we moved to australia so hopefully again your knowledge will help heaps again......

Bermudashorts

If they have lived together for 12 months or more then she may qualify for the partner visa so that is an option.

Another option is the prospective spouse visa, this is a temporary visa and the would need to get married within 9 months.

The biggest question about all of this is the children however, if she plans on bringing them with her she will need permission.

abergas

Hi Thanks for info, just on website now, downloading partner migration booklet, yes she is bringing children with her, so that is one hurdle they will have to overcome don't think her ex will be that keen... do you know if when they apply she will be able to come to aus straight away while waiting for visa so they wouldn't have to be apart

Dorothy

Why does't he just apply from Canada and they stay together until the visa is granted? If the childrens' father decides to fight her taking them to the other side of the world and they end up in court it could take a very long time for a visa.

Yes, she could probably come over on a holiday visa while they wait for the defacto, but again, her children will need their father's permission. Will she be coming on a holiday without them?

abergas

Thanks again for advice, they want to be back in Australia sooner rather than later..
If they apply for the Partner(temp and permanent)(subclass 820-801 visas) will that mean they could all come back (if things go ok with ex) on a one way flight and apply in Australia...

Dorothy

If they apply for the 820-801 visa what would they be applying for in Australia?

abergas

sorry i probably didn't make myself clear, i maybe read the info wrong, what i mean't was could they all travel here on a one way ticket and then apply for the partner subclass 820-801 visas in Australia on-shore

Pollyana

Hiya! Welcome back

Yes in theory they could come on tourist visas and apply onshore, BUT....DIAC aren't keen on it. The ETA & tourist visa are designed for holidays, so while it would be OK for her to visit, then decide that she wants to get married to him while they are here, then apply onshore for a spouse visa, if she arrives with the kids in tow on a one-way ticket it will red flag with DIAC at once that she is likely to be planning to stay and they MIGHT refuse her - and the kids - entry. Could work with just her, with the kids and the one-way ticket I'd be doubtful........
Best ways I think are:
a) sort out the custody/permission to leave issue, get married in Canada and apply for a Spouse Visa from there
or b) sort out the custody/permission to leave issue, apply for a Prospective Marriage Visa (fiance) over there, that then allows her and the kids to enter on a one way ticket and they can get married here, then apply for the Spouse Visa onshore.

Both routes cost about the same.

Tramps_mate

Has the kids father given permission?

Pollyana

See post 3, they know they have to look into that one