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Prospective Marriage visa - How soon can my Fiancee sponsor?

Prospective Marriage visa - How soon can my Fiancee sponsor?

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Old Sep 26th 2005, 9:21 am
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Default Prospective Marriage visa - How soon can my Fiancee sponsor?

Hi everyone,

I'm new to this forum and it's a great forum you have here.

Would just like to ask how soon a PR holder can sponsor for a Prospective Marriage visa?

My fiancee recently received his PR visa and will be moving to Melbourne soon. He will be working right away as soon as he gets there as he has a job offer for a permanent position @A$ 60K.

Could he sponsor me say after 3 months?

Anybody could share experience on this?

Thanks in advance.
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Old Sep 26th 2005, 10:50 am
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Default Re: Prospective Marriage visa - How soon can my Fiancee sponsor?

Originally Posted by prezy
Hi everyone,

I'm new to this forum and it's a great forum you have here.

Would just like to ask how soon a PR holder can sponsor for a Prospective Marriage visa?

My fiancee recently received his PR visa and will be moving to Melbourne soon. He will be working right away as soon as he gets there as he has a job offer for a permanent position @A$ 60K.

Could he sponsor me say after 3 months?

Anybody could share experience on this?

Thanks in advance.

He can sponsor as soon as he can establish he is living in Australia (not just visiting).

DIMIA will look carefully to ensure there was no de-facto relationship in existence when he got his PR visa (if there was, and it was not declared to them, then he needs urgent professional advice).


Jeremy
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Old Sep 26th 2005, 12:36 pm
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Default Re: Prospective Marriage visa - How soon can my Fiancee sponsor?

Originally Posted by JAJ
He can sponsor as soon as he can establish he is living in Australia (not just visiting).

DIMIA will look carefully to ensure there was no de-facto relationship in existence when he got his PR visa (if there was, and it was not declared to them, then he needs urgent professional advice).


Jeremy
Hi Jeremy,

Thanks for the info, really appreciate it. We certainly are not on a de-facto relationship, we are pretty conservative =).

I was just reading the partner migration booklet and came across the term "usually resident", I wonder if there any minimum duration of residence DIMIA requires for a person to be considered usually resident? I couldn't seem to find it defined on the booklet, will keep on looking on DIMIA's web site.

Thanks again.

Last edited by prezy; Sep 26th 2005 at 12:58 pm.
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Old Sep 27th 2005, 4:55 pm
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Default Re: Prospective Marriage visa - How soon can my Fiancee sponsor?

Originally Posted by prezy
Hi everyone,

I'm new to this forum and it's a great forum you have here.

Would just like to ask how soon a PR holder can sponsor for a Prospective Marriage visa?

My fiancee recently received his PR visa and will be moving to Melbourne soon. He will be working right away as soon as he gets there as he has a job offer for a permanent position @A$ 60K.

Could he sponsor me say after 3 months?

Anybody could share experience on this?

Thanks in advance.

I guess this is one of the complex issues of when a PR holder can be considered "usually resident", there seems to be no defined parameters.

On my personal opinion, I think having stayed for 3 months and showing you have a stable full time job from day 1 of arrival is enough to convince DIMIA your intentions of moving to OZ.

Last edited by angelico; Sep 27th 2005 at 4:59 pm.
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Old Sep 27th 2005, 11:31 pm
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Default Re: Prospective Marriage visa - How soon can my Fiancee sponsor?

Originally Posted by prezy

I was just reading the partner migration booklet and came across the term "usually resident", I wonder if there any minimum duration of residence DIMIA requires for a person to be considered usually resident? I couldn't seem to find it defined on the booklet, will keep on looking on DIMIA's web site.
.
There is no minimum duration. It's a matter of case law and is not set down in statute.

The general rule is that as soon as you are *living* in Australia with PR, you are 'usually resident'. However, just visiting usually won't do.

Some DIMIA posts are apparently stricter on this rule than others.

Jeremy
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Old Sep 28th 2005, 5:42 am
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Default Re: Prospective Marriage visa - How soon can my Fiancee sponsor?

Originally Posted by JAJ
He can sponsor as soon as he can establish he is living in Australia (not just visiting).

DIMIA will look carefully to ensure there was no de-facto relationship in existence when he got his PR visa (if there was, and it was not declared to them, then he needs urgent professional advice).


Jeremy

Hi Jeremy,

what do you mean by this? We are in a similiar situation. I got my PR for a few weeks now. My partner wasn't included in the application since we met well after I lodged it. So we were in a de-facto-relationship when I got my visa but haven't included him because we obviously we wouldn't have met the 1-year-living-together requirement. We will meet this in October though. We're planning going to oz in November (he as a tourist) and apply directly in Adelaide as soon as we're settled, i.e. I have job accommodation etc.

Knowing that he would hate the live as a 'kept man' (*hehe*) we were hoping we could get him a temp. visa fairly quickly.

Cheers Margot
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