# Advice on Foreign National Marrying Australian Permanent Resident



## VirtualRichard (Nov 20, 2009)

Hello, I've been reading through the forums today and I'm pretty sure someone here can help me with my situation. Here goes!

I am an Australian Permanent Resident.

I am currently separated and will have a divorce from my wife processed around about Winter 2010.

Since separating, I have met my girlfriend and am hopelessly in love.

My girlfriend finishes a Working Holiday Visa in January 2010 and will therefore be going home (low risk country).

I want to bring her back as quickly as possible.

What are my options?

Here's what I already know:

[Option 1] Wait for divorce, file for Prospective Marriage, wait for months for the application to go through then follow the process. I know everything about this option.

[Option 2] Girlfriend comes back on a Tourist Visa, we marry and she applies to stay? - much faster but potentially problematic? I don't know what I need to do for this option.

Option 1 will take so long, it just breaks my heart. Option 2 sounds risky but I know for certain others have had success...

Is there any other option? What do you think?

Look forward to your replies,
R.


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## Wanderer (Jun 16, 2007)

Is there the option of your Gf doing some specific regional work Richard or even WWOOF Australia so as she can qualify for a second WHV?, though if she hasn't yet done any she could run out of time.

It does not have to be all at once and you may be able to take some leave to go off with her for at least part of the time.

She gets three months up before first expires and then she has a second 12 months to work at whatever she can get and you'll have no problems in getting the twelve months together or even marry if that's what you want to do and so no need to return back to her own country other than to see folks or whatever.

If she cannot for whatever reason get the second WHV, she'll not be the first person to ever return to Australia on an ETA or tourist visa and then apply for a partner visa, but some tourist visas do have "no further stay" conditions put on them whereas I've seen inferences that it is not so likely with an ETA.

And the other option there is that she only need exit Australia, many WHV ers making a quick trip over to NZ at the end of a WHV and grabbing an ETA there on arrival to return to Oz., one catch though, being the need to have an onward flight from NZ to a country that a person has a right of entry to and so what people usually do is book a flexible refundable ticket from NZ to Fiji, and then on arrival get their ETA online, book a return flight to Oz or they may have already done that in anticipation and got a cheaper flight.
They then just cancel the Fiji flight and return to Oz.

She may [will likely] get away with leaving after three months and returning again if she can show funds to support herself and she'll be able to refer to yourself for support as well. 
Or after first return on the ETA, you could look at a tourist visa but then you run the risk of the nfs condition.

If you're living in ACT, Tassie or Victoria you no longer need the 12 months relationship proof if you have registered your relationship - you actually get a Defactos Certificate for B, D & Marriages registry.


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## elkitten (Jul 6, 2009)

O.K so when will the divorce be finalized exactly?

If you are divorced before her Visa runs out, then you could apply straight away (for financee, dont know if you would have time to get married?) and she could get a bridging visa (as long as your application is sent BEFORE her WHV runs out) while her visa is waiting to be approved--that is of course if money is not too much of an issue as it is more expensive to apply onshore, then you have to pay for a bridging visa as well. A bridging visa may also have a restricted to no work condition on it, so it is something to think about, also something worth contacting immi about as their website tends to talk about bridging visas in the terms of refugees, so it would be good to get clarification. I'm not really %100 sure as to how the bridging visa works, so definitly call up and ask befre you make any plans... 

If she is from an LR country and you two get your documents/application together as completly and as quickley as possible, then processing it may not actually take that long (3 ish months) and of course you could visit her during this time =) Is she canadian or american by chance? A lot of people from these countries (myself included) got theirs within 3 months, the key was a complete application.

One thing i was wondering though, have you thought about going the Defacto route? From what i read in your post, it sure seems like you two want to marry, but going Defacto would a) mean you would not have to get married the minute your divorce is final b) not put a 9 month limit as to when you can get married (if you did fancee via) and then move you towards paying for another visa (you have to get and apply for a spouse visa after the finacee one). I'm pretty sure you can get married while on a defacto visa and it only changes the name of your visa, not the conditions of it....pretty sure?

Don't quote me on this, but, you might be able to apply for defacto now before your divorce is final--im not sure, but, if say your divorce proceedings have been going on for a while, you could say that in your application. I don't think a defacto neccesitates that you have to be legally free to marry. If you can explain that you have been with your GF for 12 months, while you have been waiting for a divorce, which will be final on X date, sure its not a traditional defacto application, but decisions are always made on a case by case basis. If you prove that you are devoted to each other and no other and that you are making a genuine effort to end your marriage and that you have not been in a relationship with your (ex) wife for the duration of the time you have been with your GF......maybe it could work?

I would call immi if i were you, have a chat and explain your situation and they could help you--especially as to whether or not she could get a bridging visa rather than a tourist visa to allow her to stay in the country.

Good luck, hope this helped (and hope i gave you correct advice, please check it out with immi!)


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## elkitten (Jul 6, 2009)

Ha! wanderer we wrote at the same time again!!!

what do you mean by this:If you're living in ACT, Tassie or Victoria you no longer need the 12 months relationship proof if you have registered your relationship - you actually get a Defactos Certificate for B, D & Marriages registry. 

????

Does that only apply to fiancee visa people?

just curious =)


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## Wanderer (Jun 16, 2007)

It's a little bit of new legislation to reflect on where defacto relationships are getting the same recognition as marriages elkitten [ as of Nov.9th]
Australian Immigration - Legislation Change Update and not showing on DIAC site just yet.

Registrations of Births, Deaths and Marriages are a State Gov. controlled function and the reference to ACT, Tas and Vic. is they are the only ones to have the legislation as yet.

For Vic., fourth link down on Marriage & de facto (Victoria Online)


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## VirtualRichard (Nov 20, 2009)

Hi,

Extending the Working Holiday Visa isn't an option 

I won't be divorced when her Visa runs out (Jan). In all likelihood, the Divorce will come through after April, 2010.

We haven't been together long enough to do de facto (12 months is the minimum for de facto, right?).

I'm getting conflicting emotions because in the forum where my gf is making enquiries, everyone is saying, "come as a tourist, no problem!".

I'm not too clued up on nfs on a Visa. Is it a random thing or is it when certain conditions are met?

Continued thanks for your help,
R.


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## Wanderer (Jun 16, 2007)

The nfs is a random application.
Does the Gf have any skills that she may be able to get an employer sponsored 457 visa for.
Other than that, it'll be a case of her coming back on a tourist visa [hope for no nfs] or ETA but sounds like you also need to plan on how you'll get the relationship time up.


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