# Marriage on a Working Holiday Visa



## jpcaldwel1 (Apr 17, 2017)

Hey everyone!

I am currently living with my Australian Fiance in the UK, however her British visa is due to expire at the end of next month - so were looking to make the move to Australia. 

The plan is for her to move back home in May, and I hope to fly out in August - once I've completed my Masters, however were a bit confused about what Visa Route to take. 

The plan was for myself to go out on a Working Holiday Visa, get married before its expiration, and then apply for a partner visa. Does this sound like a reasonable idea?

We've been together just short of two years, living together just over a year, and engaged for six months.

Thanks in advance!


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## ampk (Sep 21, 2013)

That is a plan, there are others that may be less restrictive in the long run.


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## jpcaldwel1 (Apr 17, 2017)

Thanks for your reply! Would it be possible for you to elaborate?


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## ampk (Sep 21, 2013)

I would look at getting a eVisitor and lodge a de facto Partner Visa before the eVisitor Visa expires (3 months after arrival).

Yes it is 3 months you can not work ,but once your Bridging Visa kicks in you have unrestricted work rights until your Partner Visa is approved.

There is no need to get married for the visa, as you have a greater than 12 month relationship.


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## jpcaldwel1 (Apr 17, 2017)

ampk said:


> I would look at getting a eVisitor and lodge a de facto Partner Visa before the eVisitor Visa expires (3 months after arrival).
> 
> Yes it is 3 months you can not work ,but once your Bridging Visa kicks in you have unrestricted work rights until your Partner Visa is approved.
> 
> There is no need to get married for the visa, as you have a greater than 12 month relationship.


Thanks! Would there be an issue about entering Australia as a tourist when I intend to stay? If tourism isn't the purpose of my visit, would that not look bad on my partner application?


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## ampk (Sep 21, 2013)

You are engaged to an Australian, you are visiting and meeting family.

You may then decide you wish to stay.

You will not be given a Working Holiday Visa if your reason stated is to apply for a Partner Visa.


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## Mania (Sep 7, 2016)

jpcaldwel1 said:


> Thanks! Would there be an issue about entering Australia as a tourist when I intend to stay?


You could have genuine entrant issues - especially if you told them your intentions. However if you went for a holiday and made your decision when you were over there, is that the same thing?

As long as you are happy completing 1 year on a working holiday visa before you get your BVA rights I would say that's a good route to go...simple enough visa to get and it allows you to work, although only for 1 company for a max period of 6 months.

Being a dirty Pom you get reciprocal health care for anything that's not pre existing so no need to be too panicked about Medicare.

I would almost be inclined to suggest you wait until the 3 years mark and then apply for the visa, that way you may cut out the 820 stage altogether and go direct to permanent on grant.

What is your masters in? Are you eligible for a 189 visa?


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## jpcaldwel1 (Apr 17, 2017)

If I went down the tourist route would it be worth booking a return flight? To make it look more convincing that I was just there on holiday?

Mania - Would that mean staying in the UK another year? My Masters is in International Relations, so I don't believe I would be eligible for the 189 visa.

I haven't had any contact with the Australian embassy, so I haven't discussed my intentions.


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## ampk (Sep 21, 2013)

No need for a return flight .If asked produce a credit card to show how you can return, but being British they will not even bother asking you - unless you give them reason.

Due to extended Partner Visa process times it is getting less benefit to wait the 3 years in many cases - but needs to be considered by you both. Mostly it only has possible employment benefit.

FYI it is almost pointless to contact the embassy for information as it is often wrong and even if they give it to you in writing it means nothing. Honestly you will get far more accurate information here often by Registered Migration Agents than you will from DIBP staff. 

* neither Mania or myself are Registered or even migration agents but Mania does have a reasonable understanding as I do, I have and think Mania would have been politely corrected if our post has been extremely wrong by a few RMA's that do post here often.


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## jpcaldwel1 (Apr 17, 2017)

Thank you both for your help - its very much appreciated.

I'm sorry but i'm a wee bit out of my depth - what would the benefits of waiting three years include?


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## ampk (Sep 21, 2013)

If in a relationship for 3 years or more you skip the temp Partner Visa part and go straight to Permanent Resident. 

This status can help with employment and means if relationship fails you can still live in Australia.

Relationship failure may not count if you have kids together or if Domestic Violence is a possibility.

From my memory the 3 years is at the time of grant, so if you are now 2 years and your application takes a year to process you may well get PR anyway (my memory on that calc for how 3 years is counted but don't think it is a time of application).

That is about it, no other benefits.


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## Skybluebrewer (Jan 15, 2016)

ampk said:


> If in a relationship for 3 years or more you skip the temp Partner Visa part and go straight to Permanent Resident.
> 
> This status can help with employment and means if relationship fails you can still live in Australia.
> 
> ...


Partner Migration Booklet, Page 39. Says must be three years at time of application to be eligible to skip straight to PR.

Also, for the OP, you should start by reading this: https://www.border.gov.au/Forms/Documents/1127.pdf


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## ampk (Sep 21, 2013)

Thanks for the correction.


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## jpcaldwel1 (Apr 17, 2017)

So I should be okay entering Australia on a Tourist or Working Holiday Visa and then applying for a partner visa once that expires?

Are there any benefits in applying for a partner or prospective marriage visa before I go? As I understand i would have to remain in the UK until that visa was granted which could take up-to sixteen months i believe.


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## ampk (Sep 21, 2013)

jpcaldwel1 said:


> So I should be okay entering Australia on a Tourist or Working Holiday Visa and *then applying for a partner visa once that expires*?
> 
> * this would be a fatal error!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
> 
> Are there any benefits in applying for a partner or prospective marriage visa before I go? As I understand i would have to remain in the UK until that visa was granted which could take up-to sixteen months i believe.


You could apply a visitor visa or a WHV after a offshore application, but I don't see a benefit if your intention is to migrate.

Keep in mind it will cost you about $180 ($150-$200 recent posts from RMA's said) to get a consultation with a Registered Migration Agent as to all your options and benefits or restrictions that you may have.


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## Mania (Sep 7, 2016)

jpcaldwel1 said:


> If I went down the tourist route would it be worth booking a return flight? To make it look more convincing that I was just there on holiday?
> 
> Mania - Would that mean staying in the UK another year? My Masters is in International Relations, so I don't believe I would be eligible for the 189 visa.
> 
> I haven't had any contact with the Australian embassy, so I haven't discussed my intentions.


No it wouldn't - you would wait until the relationship is around 2 years and 1 month - which based on your post isn't a long time especially if waiting for your masters. You would then do a 1 year WHV, at month 11 of your WHV (3 years relationship length) you would submit an onshore 820/801 application. When your WHV expired you would go into a BVA with work rights. With luck you will go straight to the 801 and bypass the requirement to submit the "second application" for your 801 further down the line.

Following this route you would be in Australia almost immediately after your degree finishes, you would always be in a position you could work (note the 6month restriction) and would hopefully bypass a chunk of time for your permanent residency.

I have been lazy and stolen one of my earlier pots but I think you will get the jist from this - if you need more clarification let me know. (Being 12 months out makes the numbers slightly less preferable).

"Length of relationship does jump the queue...a long enough relationship will jump straight to 801 bypassing people that technically have been in a longer relationship not what you guys really meant but it is the only time length of relationship applies. There is no evident direct correlation to length of relationship v time of grant.

Kind of sucks for the 801 queue to be honest.

Applicant A - relationship begins - Jan 2012
Applicant B - relationship begins - Jan 2012

Applicant A - applies Jan 2015
Applicant B - applies July 2014

Applicant A - 3 year and 1 day relationship at time of application.
Applicant B - 2 year and 183 days relationship at time of application.

Applicant A - granted 801 after 18 month wait. Total relationship length 4 years 184 days.
Applicant B - granted 820 after 18 month wait, 6 month wait for eigabiity, granted 801 after a further 18 months. Total relationship 6 years in the relationship.

Queue jumped over a year and a half of waiting by waiting an additional 6 months prior to applying."


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## Skybluebrewer (Jan 15, 2016)

jpcaldwel1 said:


> So I should be okay entering Australia on a Tourist or Working Holiday Visa and then applying for a partner visa once that expires?
> 
> Are there any benefits in applying for a partner or prospective marriage visa before I go? As I understand i would have to remain in the UK until that visa was granted which could take up-to sixteen months i believe.


PMV is a bit more expensive as after paying the application fee for the 300, you then have to pay an additional $1145 (I believe) to apply for the 820/801. Wait times vary, but I believe someone from the UK recently got their grant in under 5 months for the 300. Benefit is although you wait for the 300, marry, and then apply for the 820/801, you don't wait the normal wait times for the 820 (depending on which state you move to in my opinion, depends on how quickly it arrives. I'm WA and took 20 days, whereas other states seem to take a few months. Maybe it's because there are less applicants here?) Wait time after 820 for 801 is as everyone else.

Offshore partner visa (309/100) is usually beneficial for people that are planning their move for further into the future and want to continue studying or working in their home country while they organize the move. In your case, if your partner comes back to Oz next month, it would mean a separation. You could still spend time in Oz but it would be on a tourist visa. I'm not sure about applying for WHV after but as mentioned before, it might be denied as the purpose of the WHV is not to wait out a partner visa. I don't think I've read anyone doing it that way on here yet.

Benefit of applying onshore (820/801) is if you come on a tourist visa, say a 3 month one, you can apply for the partner visa before it ends and once the three months is up, your brodging visa A (BVA) will come into effect with full work rights and medicare. BUT, some people have mentioned that getting a decent job while on a temporary visa can be difficult as many places seem to prefer PR holders. Keep in mind that may or may not effect you. Also, you are right about not being able to use the visitor visa to apply for an onshore partner visa, but if you are using that visitor visa to visit your partner and then decide after coming to Oz that you want to stay, you can apply for a partner visa.

Benefit of doing a WHV and THEN applying for your onshore partner visa is that you have more time to build evidence (even though you prob have enough, more evidence can't hurt, especially with how much harder they are being with partner visas. Also, if you time it right, you can meet the three year relationship requirement before you apply so that you can get a PR grant at the same time as your TR grant.

But wait times and back logs also seem to be increasing as time goes on, so applying sooner rather than later might be better so you can get your app in queue.


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## Mania (Sep 7, 2016)

jpcaldwel1 said:


> So I should be okay entering Australia on a Tourist or Working Holiday Visa and then applying for a partner visa once that expires?
> 
> Are there any benefits in applying for a partner or prospective marriage visa before I go? As I understand i would have to remain in the UK until that visa was granted which could take up-to sixteen months i believe.


*Do not wait until your visa expires to apply, apply for your next visa prior to your current one expiring*

Any benefits applying before you go? Not really - you will have to pay for a set of flights out of the country for the visa to be granted. If you apply offshore you must be offshore for the grant and you won't be eligible for a bridging visa - as you can probably get onshore it would make sense to apply onshore that way you have minimal disruption to the time with your partner.

PMV will cost more money (around $1145 (edited as above post gave right amount) - I don't remember the exact amount) as once you've gotten married you still have to apply for the 820/801 visa.

Note my advice has all been towards being able to earn from day 1 arriving here - if you are in the luxurious position of not needing to work then a tourist visa and 820 application may be the better route. Six and two threes almost.

Edit - yes you should be fine - use it for a holiday see the partner and do what the visas for explore Australia a bit together. If you fall in love with Australia whilst you are here then have the conversation with your partner then about applying for a de facto visa. Don't say the reason for the visa is to apply for another one.


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## ampk (Sep 21, 2013)

I will also add a Visa Fee increase has not happened for a while now in the Partner area - the last were "alignments" I guess about 2 years ago.

Before that was brutal increases - I will add a link or give numbers. Sorry it is old but is now about $7,000.

https://www.dropbox.com/s/8vwpq8leh6f4w1i/PMV fees.docx?dl=0

Second column was kids costs.


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## jpcaldwel1 (Apr 17, 2017)

Thank you everyone for your advice - it's very much appreciated! 

I just had a quick question. Going through the WHV application, and it's asks about my relationship status. Obviously I cannot give false information, and thus must state that I am engaged. However, I was wondering if this could possibly affect the imposition of a 'no further stay' condition on the visa?

Also my partner is very keen to see an immigration lawyer when she returns to Australia - would this be a good idea, or just a waste of money? 

Cheers!


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