# Aussie citizen marrying partner on tourist visa.



## Kennard (Jun 16, 2012)

Hi,

I am an Australian citizen and would like to marry my girlfriend. She came here on student visa and her visa will expiry next year in February. 
Our relationship is genuine and we will soon live together in one apartment. 

If anybody went through the same process recently can I ask for brief overview of whole process + ask few questions?

-What type of visa would be most suitable? Spouse temporary or DeFacto?

-How long does it take to receive decision?

-From the time we lodge an application for Temporary visa until decision will be made can she legally work during this period? 

-What does it mean "register relationship"? I have seen it somewhere on this site but could not find an explanation.

Thank you.


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## rufa (Apr 16, 2012)

Hi there

You need TO be eligible to file a partner application. Are you together for 12 months? Can you prove that you have been dating for this time?


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## Kennard (Jun 16, 2012)

Hi Rufa,
Thanks for your reply.
Well, we are together for about 6 months. Does that mean we can not proceed with Spouse temporary or defacto application?


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## rufa (Apr 16, 2012)

Kennard said:


> Hi Rufa,
> Thanks for your reply.
> Well, we are together for about 6 months. Does that mean we can not proceed with Spouse temporary or defacto application?


Unfortunately no. You have to have a minimum of 12 month relationship.
Keep record of your relationship, like pictures with friends, family, trips you have made, history of your bills that prove you speak on a regular basis, joint account, presents, special dates all this helps build your genuine relationship, the rent of your apartment, utility bills with both names and same address are also very good proof etc. You will need to prove these 12 months. Do you have records of the beginning of your relationship?

The good thing is until february 2013 you have plenty of time and your girlfriend can stay with you until a decision has been made. Just complete the 12 months, gather all the papers ( you girlfriend will need to get police checks, birth certificate from her country among other things. And it does take some time to gather. You also need to write up a statement on the history of your relationship. It took me 3 months and some money to gather a 12 year relationship 

Do not cancel the student visa until all this is done and sent to immigration, they will guide your through the next steps.

Do it and do it well so that it doesn't look dodgy from an outsiders point of view, and it will be fine. They pay extra attention to every detail, so give them facts and proof of a solid well presented application and you should fine

Let me know if you need anything else mate!


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## myaccessaustralia (May 16, 2012)

Hi Kennard, if you register your relationship with the relevant state or territory government authority, then you don't need to satisfy the 12 month relationship requirement - but bear in mind that you still need to satisfy your case officer of the genuineness of your relationship, which may be an issue if your relationship has been going for only 6 months.

Registration of relationship: Births, deaths and marriages registries - australia.gov.au

Good luck!


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## bma (Sep 28, 2011)

Hi Kennard,

have you read the Partner Migration booklet? It explains how to apply for the appropriate partner visa.
Partner Migration Booklet


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## robboat (Jun 12, 2012)

I think she can do 20 hours a week work on the student visa....
She cannot legally work until another temporary PR visa is granted.
If she is from a E-visa country then there may be other options for a work visa....
Check with immigration....

If you love her then marry her.....go to Births,Deaths & Marriages and sort it out......


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## Kennard (Jun 16, 2012)

Thanks to all of you who replied.

How does it work with "registering relationship"?

Tried to find information on their web site but coulnd find anything.


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## Kennard (Jun 16, 2012)

rufa said:


> Let me know if you need anything else mate!


Hi Rufa,
Thanks a lot for your lengthy reply.

You seems to be very knowledgable. May I kindly ask you to write briefly about steps couple need to undergo in order to get Spouse Temporary or Defacto visa, please?

Probably first step need to be to register our relationship. What can I expect next. How many months can this adventure take?

Thank you.


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## ccpro (Feb 2, 2012)

Hi Kennard

I have been through the same situation. First of all I think you have to consider if you wanna marry your girlfriend at this stage or register your relationship with the gov as de facto partner. Its a big step in life.

If you register your relationship (de facto relationship isnt available in every state) or marry your girlfriend you dont have to have the 12 month relationship requirement. If not you have to prove that you have been living with her as partner for 12 months. Either which way, you still have to provide evidences to show that your relationship is genuine and true. For example, rent lease showing both of your name, joint bank account, joint asset, photos of you and with friends and family, receipt bearing both of your name, tickets to overseas (if been overseas together) etc... the immi wanna see that you two have the commitment to be a couple. 

you should look up the immi website for more info as bma said above there is a Partner migration booklet. It explains everything. what you should look up is Onshore Temporary and Permanent (Subclasses 820 and 801) Visa.

If you apply the partner visa while your girlfriend is still on the student visa, she will be granted a Brindging Visa automactically and it will be in effect once the student visa expires. this visa bears the same conditions as the previous one. 

The first step is to think about your relationship status first, whether you wanna be married or be in a de facto relationship. its a long term commitment so dont rush just to be able to apply the visa. the second step is to gather all the necessary evidences and documents for the visa (police check and medical check is vaild for one year). after that fill in the forms and tick off the checklist (you can find it on the immi website).

good luck to you and your girlfriend!


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## Kennard (Jun 16, 2012)

Hi ccpro,

Couldn't reply earlier but thank you very much for your valuable info.


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## Kennard (Jun 16, 2012)

Hi ccpro,

Couldn't reply earlier but thank you very much for your valuable info.


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## Kennard (Jun 16, 2012)

ccpro said:


> If you register your relationship (de facto relationship isnt available in every state) or marry your girlfriend you dont have to have the 12 month relationship requirement.


+

I found this information in partner migration booklet:

'Waiver of the 12 month requirement'
- at the time of application the de-facto relationship was registered

Does that mean if we are together less than 12 months and register our relationship (+ provide all supporting documents that our relationship is genuine) we can lodge our visa application ?

Are our chances "better" if we will be married or if we will go with "de-facto" way?


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## Nelly87 (Jul 3, 2011)

I'd like to add to all this that your Case Officer will try to make the distinction between dating/courtship and building a life together. Any sign that the latter is the case is what most influences your chances, whether you are married, registered or otherwise. Yes, when there is a relationship commitment on paper like that, your officer might recognize that for the life-long commitment sign it is. But Immigration is also not blind to the times and they know that married people divorce and registered partners separate all the time nowadays. It may help you somewhat, but it would not guarantee you anything if you do not have clear evidence that you are building a life together and it is going well.

I'm really not trying to give you a hard time here because I know love is everything and above anything, it really is, but with international relationship love just _has_ to be mixed with a fairly big dose of practicality as well. You shouldn't be spending the first few years of your relationship trying to convince the government, you should be spending your first years - if possible - proving it to yourself first that this is gonna work for life.

My Aussie partner and I are both in the first healthy relationship in our life, the first really serious one, and I am really glad we had time to figure out _us_ before I had to present that _us_ to anyone else. Because now two years in I know that it's a very good and lasting relationship, too, so I don't feel as anxious to shift and switch to get the easiest way. I am just saying this visa, on paper, is also a lifelong commitment. Don't rush into it if you don't have to.

Does your partner have any other way of staying in Australia so you two can build your relationship some more living together for longer? Maybe an employer sponsored visa? Working Holiday? Or maybe you can go to your partner's country for a while - that is what my Aussie man did with me - we spent most of our first year in The Netherlands with no pressure. Being together longer would make your case easier and if it's possible through a more secure means than "barely pushing the time limit" then why not? If your case officer has any reason to believe your registration or marriage was rushed for no apparent reason, you might be shooting yourself in the foot. Marrying (or registering) for the visa is a stereotypical risky case at any immigration office, however your intentions were.


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