# help please mark



## eleanor (Apr 27, 2013)

hi marknortham,i am back again under another name,my question is,i have been with my fiance for over three years now,we have lived together for 10 months off and on ,her comming to australia and me going to japan, she has been 3 times to australia,and the last time she had no restrictions on her visitor visa,now is there any way she could come to australia and be with me and work ,we are thinking of going for the pmv off shore but its taking so long to get every thing together for verious reasons,so can you think of a visa where she can come and work while we wate for a partner visa even.


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## CollegeGirl (Nov 10, 2012)

The 820 would allow you to be onshore and apply for a partner visa and work while you wait for it to be approved. However, you're going to have a tough time applying for a defacto visa with only 10 months of living together under your belt. Also, there's a chance that if she got a tourist visa to go back over there that it would have a "no further stay" condition on it and she'd be unable to apply for a partner visa onshore. Would you have the evidence of financial support, etc. you'd need for a spouse visa? Would it be an option for you to get married first?


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## shazzam (Jun 27, 2013)

this is the path i wish we went down in the beginning..... Spouse visa and marry first. but after not enough time and my partner not being able to wait on a tourist visa due to no working restrictions we are now opting for the POM visa... hence the lengthy time!!!!


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## eleanor (Apr 27, 2013)

collegegirl,yes we could get married,and i have all the copys of the money transfers into her bank account,if that will do as evidence of financial support,and i have a lot of it,and the last time she came to aus there were no restrictions on her pass port,so we would be hoping for the same thing again,so are you saying if we get married then she can come to aus on a 820 visa and stay and work while we wate for a partner visa.its the work that we are worried about,she needs to be able to work in aus, thanks.


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## CollegeGirl (Nov 10, 2012)

Shazzam - It's the Prospective Marriage Visa (PMV). If you call it a POM visa everyone will think you are talking about something else entirely. lol!


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## CollegeGirl (Nov 10, 2012)

Eleanor, you may want to run it by a migration agent just to make sure (or wait for other people to chime in with their opinions here, too). But yes, those transfers will be good evidence, though you'll need lots of other types of evidence too, of course. I'm saying you would get married, then apply for another visa to get her back onshore, THEN apply for the 820. When whatever visa she comes to AU on expires, she'll be put on a bridging visa and have full working rights. Just be aware that they may be even less likely to approve a tourist visa if you're married... because it will look less like she's a "genuine tourist." Just be ready for it to be denied and to put together another plan if that happens or if she gets a "no further stay" condition.


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## eleanor (Apr 27, 2013)

collegegirl,i think you may have a good point there,i think we will get married,we are going to the philippines next week,so we will get married there,then she can come to australia and apply for a 820 visa, we are both mature age people,i am 61 she is 48,so why should we have to wate for a pmv to be granted,there is no reason at all we cant marry now,i owne my house ,have a car ,and have money in the bank,what do you think,good way to go or not.


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## CollegeGirl (Nov 10, 2012)

One thing you need to consider, though: If they reject your application for a tourist visa or you get that "no further stay" condition, she'd have to apply from offshore for a 309 (offshore partner visa). That would mean you could not be together in Oz while you wait. That's a risk you take going this way. 

Because I myself applied for a PMV, I know way more about that. I would feel REALLY bad if you got this advice from me and then it turned out you didn't qualify for some reason. That's why I think it's probably best to confirm with DIAC or a migration agent (or at the very least someone else on a forum!) to make sure there's not a reason I'm missing that you wouldn't qualify. Just trying to err on the side of caution - I'm definitely not an expert, just someone who has done a lot of reading here.


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## eleanor (Apr 27, 2013)

collegegirl,then what if she comes to aus as a tourist for 3 months and we get married ,then apply for a 820 visa,may be better way,because there were no restrictions on her last visitors visa,what do you think .


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## Whitney (Jan 4, 2013)

Eleanor - if you get married you will no longer be eligible for a PMV. Your only options will spouse visas. If they deny her tourist visa or put a No Further Stay condition on it she will not be able to apply onshore and will have to leave and apply offshore which means ever more time apart from your new wife. It seems to me that she would not be entering as a genuine tourist as so her tourist visa would probably be denied. I think the safest option would be to apply for the PMV. 

(Having said all that, I'm not a migration agent and have never applied for an Australian tourist visa.)


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## iduno (Jan 24, 2013)

This is a copy and paste from Romuls, very interesting.

Hi all.

I went to DIAC in Perth yesterday with my fiancé to apply for an extension on her tourist visa. It was a straight forward process, took around an hour to process and the extension was granted on the spot. Her TV has been extended for another three months. It was an interesting interview through, as our reason for applying for the extension was invalid. We wanted an extension on the TV because we were waiting for a decision on the offshore PMV 300 application; because we lodged offshore the staff member said they could not accept her reason for the extension. We end up changing our reason for applying for an extension to arrange our wedding plans in Perth. Reason accepted.

While we were at DIAC we took the opportunity to ask how the PMV300 application was progressing. He was able to look at her file. The genuineness of our relationship has been accepted, her health exam has been passed. Basically, the PMV is ready to be granted, we just need to wait for an email from DIAC. Although the staff member couldn't tell us when it would be granted he indicated it is ready for a decision to be made. So now we just wait.

We were also advised if we apply for another TV extension the application fee will be $700 ($290 for the current extension) and there will be no guarantee it will be granted. I also learnt if condition 8503 is applied to a tourist visa you can make an application for it to be waived. Such as, you meet someone in Australia who's here on a TV with 8503 and you decide to get married. You are eligible to apply for an onshore spouse/partner visa and DIAC will use their discretion to process your application.

We found our dealings with DIAC in Perth very useful and helpful. I would recommend any applicant or sponsor of a visa who has an enquiry to call or go into a DIAC office and make the enquiry.


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## eleanor (Apr 27, 2013)

yes i understand what you are both saying,it is risky,but when you look at the immi website it sais when you apply 4 a 820 visa you can remain and work in australia with your partner untill a decision is made, i am on a pension as well,so they will cut my pension down from a single to a married rate when i marry,so what are they going to do then ,kick my wife out of the country,and still have me on a married rate of pension,its all very confusing , but we want to marry,and we have been wating so long so i think we should just go a head and do it and go from there. thank you all.


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## eleanor (Apr 27, 2013)

iduno,thank you very helpful,there are so many people pooring into australia,and i want my partner to be one of them,thanks,


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## eleanor (Apr 27, 2013)

whitney,she has been to aus 3 times ,and the last time no restrictions at all,meaning she could have extended her stay,so i think ,just think mind you,that it would be the same next time.


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## eleanor (Apr 27, 2013)

also every one ,how can you apply for a 820 visa onshore when they may not give a tourist visa extension,i just dont get it,they must let your wife in on a tourist visa ,mussent they .


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## CollegeGirl (Nov 10, 2012)

No, they absolutely don't have to. Tourist visas are for "genuine tourists," people who plan to see the country and then leave. That's why it's so tricky going over on a tourist visa to apply on shore - DIAC doesn't like it, and if they suspect that's what you're doing they'll reject you. If they do reject you for a tourist visa, unless she's able to get a skilled visa or something along those lines, you would not be able to apply onshore. That's why we're trying to caution you about taking this path...


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## CollegeGirl (Nov 10, 2012)

In fact, it's frequently suggested that people doing things this way wait for a couple of months before they apply onshore so as to avoid the appearance of not having been "genuine tourists."


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## eleanor (Apr 27, 2013)

ok thanks, i see your point,well then how does some one get to apply for an on shore partner visa,how do you get on shore in the first place.and they say you can apply on shore.so how do i get her there so she can apply. thanks.


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## eleanor (Apr 27, 2013)

yes well thats ok,we could wate 6 months before applying if need be ,i have enough funds 4 that,but still how do you apply onshore if they dont like it,u have to be on a tourist visa or some thing to get to aus in the first place. thats what i cant understand.


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## kmarees1986 (Apr 23, 2012)

Eleanor - there is an onshore visa and an offshore visa. 

I know you must just want to get it sorted as quickly as possible so you don't have to be apart, but sadly the immigration process may not allow for your plans to work like that! Be prepared to either spend some time living abroad, or living in 2 seperate countries and if you can get the TV without the NFS condition then you are a lucky one and make use of it wisely.


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## kmarees1986 (Apr 23, 2012)

Oh and onshore visa's are generally applied for by people that are already in Australia on another sort of visa, its not common for that visa to be a TV but its not impossible either. Its normally skilled workers, WH visa holders and students that apply onshore.


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## CollegeGirl (Nov 10, 2012)

Yep, people on student visas, working holiday visas and skilled visas. Sucks for the rest of us, I know!


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## eleanor (Apr 27, 2013)

ok,ok,now i understand ,yes it sucks,and its worded wrong on the aus gov immi web site as well,leads you to beleave you can enter australia and apply then .back to square one,pmv,and that sucks as well,because there is nothing from stopping us geting married tomorrow,just that i cant bring my wife back to australia,what a load of rubbish,


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## eleanor (Apr 27, 2013)

so its people on student visa,working holiday visa ,they are ripping of the system,good luck to them,what a loop hole there.


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## eleanor (Apr 27, 2013)

there may be i glimmer of hope left yet,so we are both in japan now,when i go back to aus,she could apply for a t.v,that wont cost much,but where do they stamp the visa no ferther stay ,in sydney airport i bet,


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## kmarees1986 (Apr 23, 2012)

eleanor said:


> so its people on student visa,working holiday visa ,they are ripping of the system,good luck to them,what a loop hole there.


You're looking at it all wrong. Imagine you come here on a working holiday or a student visa (which entitles you to live here for at least a year) and meet the person you want to spend the rest of your life with. Thats who the onshore visa is for. Its designed for people already genuinly living in Australia to be able to maintain their life while going through the process. Sure maybe there is some people who use these visa's to get onshore - but good on them - if we could all find a way to be with our partners - we would and there is a hell of a lot of us who cannot be with our partners.

I understand it can be a bit daunting when you start to realise the lenghty timeframes and potential to have to live apart or make massive sacrifices to be together, but the people on this forum are your friends and they are very very helpful so try not to upset them by telling them they are ripping off the system 

Look - if you don't go the the PMV and you do try to get your partner onshore, don't arrive together. Let her complete a tourist visa application on her own as if she's just coming to see freinds and travel. Set it up to look as though she is a genuine tourist. The fact she's been to oz a few times may not fare well for her - at some point immigration will look at her and wonder why she spends so much time here. If it gets granted with the NFS - spend a bit of time together in Oz then you need to get offshore and apply for the PMV. This whole process takes alot of time and patience so once you get your head around that I am sure you will find some peace with the brutual machine that is - Australian Immigration.


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## kmarees1986 (Apr 23, 2012)

eleanor said:


> there may be i glimmer of hope left yet,so we are both in japan now,when i go back to aus,she could apply for a t.v,that wont cost much,but where do they stamp the visa no ferther stay ,in sydney airport i bet,


I'm not sure on that either - I always thought when you get notification your visa is granted - thats when you are imposed with conditions - somebody else whio has entered on a TV will be able to confirm.


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## eleanor (Apr 27, 2013)

kamarees,yes sorry about that,some times i speek be 4 i think,i know every one is here to help ,the 3 times she has been to australia she has given immi my adress as where she is staying,and the last time there was no restrictions on her visa, i was thinking if she gets another tv in which country are the conditions likly to be stamped on her passport,if its before she leaves japan that would be ok ,because she could just say she has changed her mind,but i think you need a plane ticket first.then the visa ,not sure about that one , once again i am very sorry if i upset any one ,i just dont think some times .


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## eleanor (Apr 27, 2013)

its just that we decided to get started on all this 2 and a half years ago,and we or she is having so much trouble getting docs from the philippines,and we are still waiting,and once we do get every thing then we still have to wait for the visa prossing time,i just thought we may have found another way,but i dont think so now.


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## kmarees1986 (Apr 23, 2012)

No problems eleanor. Sounds like you're having a tough time. You say your partner is having trouble tracing some documents from the Phillipines, may I suggest you review some of the threads on here which were started by filipino's or partners of, they may give some insight as to how you can get the right documents or get around it. Start here: http://www.australiaforum.com/visas-immigration/8261-pmv-spouse-visa-philippines.html - the people subscribed to this thread will be able to give some great advice.


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## eleanor (Apr 27, 2013)

thanks,kmarees.


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