Spouse Visa

Old Jan 25th 2001, 4:55 pm
  #1  
Ivan
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My brother (South African) intends marrying his Australian girlfriend. Date undecided. As
far as I know he has three choices to immigrate to Australia: Spouse visa, prospective
spouse visa and defacto spouse. Does anyone have any experience or information regarding
the pros and cons of these three visa types - particularly with ease of obtaining the visa
and processing times.

He has recently been refused a visitor's visa - due to lack of financial stability (I
think) - he does not have employment at this stage.

Any help appreciated
 
Old Jan 26th 2001, 11:34 am
  #2  
Steve
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I believe whichever one of the three visas you mention your brother decides on the initial
processing time will basically be the same. They all have the same requirements in terms
of proving the genuine and ongoing nature of the relationship. The processing times vary
according to where you apply and where you are coming from. Anything from 3 months to 1
year is common from my observation of this group over the past year. If your brother
mentioned his intention to visit his girlfriend when he applied for the tourist visa he
was probably turned down because 'the dept was not convinced he intended a genuine visit'
or words to that effect. They were afraid he would try to circumvent the system and marry
his girlfriend while on a tourist visa thereby gaining the right to stay in Australia on a
bridging visa while his case was reviewed. Good luck,

Steve

> My brother (South African) intends marrying his Australian girlfriend. Date undecided.
> As far as I know he has three choices to immigrate to Australia: Spouse visa,
> prospective spouse visa and defacto spouse. Does anyone have any experience or
> information regarding the pros and cons of these three visa types - particularly with
> ease of obtaining the visa and processing times.
>
> He has recently been refused a visitor's visa - due to lack of financial stability (I
> think) - he does not have employment at this stage.
>
> Any help appreciated
 
Old Jan 28th 2001, 11:03 am
  #3  
Tammy Hocking
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Ivan wrote:

> My brother (South African) intends marrying his Australian girlfriend. Date undecided.
> As far as I know he has three choices to immigrate to Australia: Spouse visa,
> prospective spouse visa and defacto spouse. Does anyone have any experience or
> information regarding the pros and cons of these three visa types - particularly with
> ease of obtaining the visa and processing times.
>
> He has recently been refused a visitor's visa - due to lack of financial stability (I
> think) - he does not have employment at this stage.

I can sympathise with your brother very much... being young, lacking in vast amounts of
money and not having set a marriage date really made it hard for myself and my American
partner to get together in Australia. I'm guessing he was refused a visitor visa on the
grounds of not having enough money to support himself financially whilst in Australia
without working here.

The best thing I can think of -- if they're undecided on a wedding date and wish to wait a
while until marriage (which we've chosen to do -- why force a major commitment in such a
hurry for a visa?) -- is to apply for the spouse visa on defacto grounds (the spouse visa
is for both married *and* defacto couples). The basic requirement of obtaining the spouse
visa on defacto grounds is that they have to have been living together (as opposed to
"living separately and apart on a regular basis", which doesn't equate to a genuine,
committed relationship according to DIMA) for at least 12 months.

This can be difficult to rack up if either country has tough visiting visa laws, but
perhaps his Aussie girlfriend could try living in Sth Africa for 12 months, or 6 months
and then your brother could come here for 6 months, and 12 months to the day apply for the
spouse visa. Evidence of a genuine de facto relationship includes shared bank accounts,
letters, photos, bills, etc. If they provide this to DIMA and proof of their time
together, your brother has a shot at gaining a 2-year probationary spousal visa on defacto
grounds. This gives them time to marry when they wish, which fortunately helps support
their case when his probationary time is up and he's reviewed for permanent residency.

So urge your brother to find work ASAP, save his money and show DIMA he has enough to live
on whilst he stays in Australia. I'd strongly suggest you give the DIMA info a thorough
read on their website. Here's a few pages that might help:

http://www.immi.gov.au/facts/28partner.htm http://www.immi.gov.au/facts/33oneyear.htm

All the best!

--
Tammy "Kwyjibo" Hocking <[email protected]> http://www.geocities.com/tjhocking/
"This is your only chance in life to legally run naked and free, so go for
it. Evade capture for as long as possible."
- Matt Groening on early childhood
 

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