SuzeM

Hi Everyone. Although I'm not new to this forum it has been some years since I was an active member, but I'm glad to recognise a few name on here still. I went through the PR route back in 2002 and have been living here in Sydney as an Aus citizen since, but this is a new visa application for me and I would very much appreciate your expert help peeps.

Long story short, I split with my ex some years ago but am now in a long distance relationship (current partner is in the UK) for the last 14 months. We've known each other for over 20 years but only been together this last year or so but we plan to get married Feb/Mar 2015 time. He's been out here a few times on ETA's but has been told this time he has to apply for 600 Tourist visa which is in the process and hopefully that will be granted in the next month.

I have several questions re our situation:-

1 if he comes to Aus on the 600 Tourist Visa, while he's here can we put in an application for the Prospective Marriage Visa, or is he best applying from the UK, does it make a difference?

2. If we do apply for the PMV while he's here in Aus will he be allowed to stay until the PMV is granted?

3 Does applying for the PMV void his 600 Tourist visa?

4 Is he allowed to work in Aus (he has a job offer) while the PMV is being processed?

Sorry its a bit long winded but I'm sure we're not the first to go through this and I'm hoping someone can share their experiences.

Thanks
Suze

Pollyana

He can't apply for the PMV onshore I'm afraid, he has to apply offshore, and be offshore when its granted.
However there is nothing to stop him coming on a tourist visa, then once he is here deciding to get married and stay. Once you're married he just applies for an actual Spouse Visa onshore. He would then be allowed to work as soon as he has filed the application - just make sure he applies before the tourist visa expires. He would get a bridging visa until the Spouse Visa is finalised, and because its a Spouse Visa he would have permission to work.

SuzeM

Thanks for your reply Pollyanna, we did think of that but we don't want to get married until March 2015, (big wedding, lots of overseas guests so takes time in the planning!), and he doesnt want to marry me just to get a visa (bless), so this is why we thought PMV was a good option. So my question remains about whether he can still come over here on his tourist visa if he has applied for PMV, and if he can work here while it is being processed, but go offshore before the PMV is granted?

Alan Collett

Hello Suze.

How old is your intended?

Is a Working Holiday visa a possibility to get him out to Australia for an extended period?

Best regards.

Best regards.

SuzeM

Hi Allan
My fiance is 48, same as me, we've both been around the traps so to speak, so thats not an option. Neither is the 457 as his job is not on the skilled list (he's in the music biz). I was hoping he might be able to work here once the PMV was lodged.
Thanks

Pollyana

A Pros Marriage Visa has a limitation that you need to marry and apply for the Spouse Visa within nine months, so 2015 wouldn't work there either, unless you wait a while from now.

mikelincs

It'e been suggested before for many couples, why not have a civil ceremony first, then do the whole shebang when you can arrange for people to get over, saves a lot of timing problems.

Bermudashorts

The question is not easy to answer tbh. Because if an immigration officer suspects that he is coming here to live, not to holiday, there is always the risk of being turned away.

If he does get in on the tourist visa, then he won't be able to work as tourist visas don't have working rights. Also with your specific date in mind the timing would be difficult as you must get married within 9 months, if the PMV is granted sooner than you expect, that could scupper your plans.

SuzeM

I figured the the PMV takes a while to process so theres no way it would get granted before May (his is a complex case) so the 9 month thing wouldnt be a problem, the not being able to work might. So it sounds as if he may have to just visit here until the PMV is granted as we really want the bells and whistles wedding, and a quicky civil ceremony would just take away from that I feel, but thats just me. Thanks for all your input tho, very useful

Pollyana

He would have to go offshore in order for it to be granted, remember.
Usual processing timeline in London is 7-9 months, its unusual for one to take more than that unless its very complex, so do be careful with your timing. You have to marry and apply for the Spouse Visa within 9 months of the grant of the PMV.
Good luck

Alan Collett

Hello Suze.

If you would like me to arrange for one of our team to telephone you (or your intended) to discuss current processing times in London for a PMV please feel able to send an email or PM to me with your name and phone number/s.

Best regards.

Pollyana

Might be a good mve Alan, as she mentions 'complications' which are probably best not aired in public, but you might be able to give a reasonable estimate of time wen you know the details