visa options

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Old Sep 18th 2012, 12:48 am
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Hello,

I am 34 years old, my girlfriend is a Australian citizen and currently resides in Sydney. I am in London. I am a qualified carpenter and currently work as a site manager in the uk. I don't really want to go back on the tools as a carpenter. We were thinking to apply for the fiance visa but dont really want to get married yet. Is there another visa we could apply for? I was considering the cohabiting visa but as we don't currently live together I wasn't sure if it was an option? Is it possible to enter on a fiance visa and then change to a co habiting one once set up? Any advice would be very greatfully recieved!!!

Cheers,

Liam.
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Old Sep 18th 2012, 12:58 am
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Default Re: visa options

Originally Posted by liam oi
Hello,

I am 34 years old, my girlfriend is a Australian citizen and currently resides in Sydney. I am in London. I am a qualified carpenter and currently work as a site manager in the uk. I don't really want to go back on the tools as a carpenter. We were thinking to apply for the fiance visa but dont really want to get married yet. Is there another visa we could apply for? I was considering the cohabiting visa but as we don't currently live together I wasn't sure if it was an option? Is it possible to enter on a fiance visa and then change to a co habiting one once set up? Any advice would be very greatfully recieved!!!

Cheers,

Liam.
If you can show genuine and lasting relationship (easiest way to prove that is indeed co-habiting for 12 months or more) you could go straight to a spouse visa, I do not think there is obligation to get married after that. Although if DIAC suspects visa fraud they might yank it. The fiancee visa needs you to declare an intent to marry and to follow through, to a spouse visa apparently.

Re. your skills as a carpenter - you need to check if it is listed in the skilled visa stream and if you can meet the rest of the requirements to do it all on your own. Check VETASSESS for the skills assessment process and DIAC website for general immigration inquires - immi.gov.au
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Old Sep 18th 2012, 1:07 am
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Default Re: visa options

Wanted to go for the fastest option. Wasn't sure if we could do the de-facto without living together for 12 months!?
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Old Sep 18th 2012, 1:11 am
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Default Re: visa options

Is it worth getting an agent for this?
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Old Sep 18th 2012, 1:23 am
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Default Re: visa options

Originally Posted by liam oi
Wanted to go for the fastest option. Wasn't sure if we could do the de-facto without living together for 12 months!?
it's been done before, but .....

Originally Posted by liam oi
Is it worth getting an agent for this?
.... it might require a good agent to realistically assess your chances, you might hire one for an initial consultation. You need to establish your eligibility in general before you can move along.
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Old Sep 18th 2012, 4:34 am
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Default Re: visa options

Originally Posted by liam oi
Wanted to go for the fastest option. Wasn't sure if we could do the de-facto without living together for 12 months!?
No you can't and the prospective marriage visa does require you to get married and lodge the partner visa as a married man within 9 months.

If neither of these work, then you need to look into getting a visa under your own steam like the skilled migrant visa.
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Old Sep 18th 2012, 8:39 am
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Default Re: visa options

Originally Posted by liam oi
Wanted to go for the fastest option. Wasn't sure if we could do the de-facto without living together for 12 months!?
Only if you can demonstrate exceptionally good reasons for living apart - such as it is not legal to cohabit in your home country, or job pressures mean you cannot live together 100% of the time - one of you may have to work in another city in order to get a job. You would need very strong evidence of your relationship, shared live and finances, and plenty of evidence of how you keep in touch while apart. If you have never lived together, and from what you're written here, then I doubt you would get through, but its always worth a chat with an agent.

If you get the Prospective Marriage Visa you have to marry within 9 months, so that would not give you enough time to move here and establish the 12 months cohabitation, and apply for de facto, before your Pros Marriage Visa expired.
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