jimcz

I’m surprised by the long processing times for partner visa 309 in case of partners from high risk countries. It’s 12 months. It’s terribly long for a newly married couples to be separated, isn’t it? Is there any way that me (PR in Australia) and my prospective Asian wife would be together during that period?

Is it for example feasible that she would come to AU as a student, later we’d get married, and she would be allowed to stay even after finishing her studies and before partner visa would be granted?

Pollyana

Even for low risk countries it is at least 6 months. They only process a certain number each month, the rest remain in a queue.

If you are not yet married she can apply for a Prospective Marriage Visa, get married in Australia after the grant, and remain here while the Spouse Visa is processed.

Your partner can also apply for any other visa for which she is eligible. If she is here on a student visa and then applies for a Spouse Visa after marriage, then she would be granted a bridging visa to stay while it is processed. That is, assuming that the student visa is not issued with a "no further stay"clause.

jimcz

Thanks for your quick response.

The prospective visa sounds like a good idea. However, isn't there the condition that we have had to be together at least 12 months? Because we can't fulfill this requirement..

If we went the tourist visa route, do you know how to avoid the "no further stay"clause? What is this clause based on? Length of study? Applicant's passport?

Edit: actually, the processing time for prospective marriage visa is the same as for "married (de jure) partners". So we would have to wait for 1 year separated anyway. What difference does it make?

Pollyana

Prospective Marriage Visa is for people who are engaged to be married, so there is no requirement for cohabitation, you just need to have met your partner, in person, before applying.
The de facto route to the Spouse Visa is the one that requires 12 months living together.
I suggested it as at least you do not have to spend time apart once you are married.

The "No further stay" clause is unpredictable - it can be applied to many including tourist visas and student visas, and applicants from high risk countries, such as I believe your fiancee is from, are much more likely to get this on their visas. It would mean she could not apply for another visa onshore, and would have to leave at the end of her course/holiday/whatever.

It is possible (though not guaranteed) that if she applied for Pros Marriage - or Spouse (after marriage) that she could get a tourist visa to visit you in the meantime, but again being from a high risk country, and with an Aussie PR partner, DIBP would see a risk of overstaying and may not approve it.

jimcz

I really appreciate your time. However, as I see it, there would still be 12 month separation, wouldn't it?

We'll get engaged in her country.
She'll apply for the visa.
I'll return to AU
After some 12 moths her visa will be granted and she can come to AU.

There are still those 12 months, aren't there?

Pollyana

If you return to Aus straightaway and it takes 12 months to process, yes. As I said, I mentioned the Prospective Marriage Visa because you wer talking abou tme apart after marriage.
I don't know the processing timelnes fo our country, onl for the UK where they usually take aound 6 months at present.

Its a problem all of us with partners in other countries face. I've seen some in the US forum take. year or more.

She could apply for a tourist visa or a student visa, it may not have a No Further Stay clause on it. If she then decides to marry you and apply onshore she should get a bridging visa. Or you wait it out like the rest of us, sorry

roaringmouse

Just to clarify, there is no obligation to get married in Australia while holding a Prospective Marriage Visa, the wedding can be in another country.

As long as the visa holder validates their visa (by entering Australia with that visa), they can leave and re-enter during the validity of the visa - and this includes for the purposes of getting married outside Australia.

Pollyana

Yes, I know they removed that restriction some time ago the push here seems to be to get the partner to Aus as soon as possible, hence I was thinking they could get the grant and move at once, then sort the marriage later. The OP has already said that he would be back in Aus.
However the OP seems to think thats a non-starter as they would have to wait the same length of time for the grant as for a Spouse Visa.

Bermudashorts

You don't have to be separated. If I had a visa and my husband did not, I would wait with him in the UK until he got his visa and then we would move together.

jimcz

I know what you mean but If you read the all thread you've understood that my future wife is from Asia and I can't stay there without a job. And finding one seems too be to difficult..

We are thinking about enrolling her in some "rubbish" cheap course here in AU and coming on student visa (it could take as little as 3 months). After several months we would get married and apply for spouse visa. But if she gets the "no further stay" clause we'll be screwed..