# Partner visa questions



## daritus (Mar 23, 2011)

Im from colombia, This is my story. I met my partner two years ago while he was in colombia. . He is an australian citizen (born in colombia as well). We spent a couple of months knowing each other while he was here, then after he went back to Australia and we kept communicating through email and phone for about a year and half. After knowing each other for that long time in a long distance relationship then he decided to come back to Colombia for 10 months and spend more time together. Since then we have moved to a more serious relationship. and We just got married a month ago. 

He is travelling to Australia in the few days coming. We are not sure which visa will be more suitable for our case?? Do you think partner visa will be the right choice?

We have just lived together for a month since we were married that could be a problem ?? as we haven´t lived suficient months together!!! Before getting married we both were living with our parent. My family and his family lived in the same home town.,but we have evidence that our relationship has been genuine since we met. Photos, Joint account, evidence of travelling together etc.

We are not sure if is better to apply for a partner visa offshore, If our marriage certificate from overseas is valid in Australia!!! or if in our case its better if I will travel to australia as tourist and then apply for a partners visa??

Please I do need help and suggestions any help is welcome and thanks a lot for reading our case..

didi.


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## Wanderer (Jun 16, 2007)

Australia does recognise legitimate marriages from abroad so that in itself is not a problem in respect to a partner visa.
Even in being married, it is normal that something like living together for six months would be expected but Immi do also recognise that there are some customs to be adhered to in some circumstances and it will be up to just what evidence can be produced of your relationship together as well as statements from parents and even his friends back in Australia who knew of his friendahip that will collectively determine your success or not.
Have a read of the *sticky thread by elkitten *as well as the *Booklet#1* linked in the family visas section of Immi site and you can get some ideas from there re evidence.

Coming to Australia for applying may not work directly for if you come over on a tourist visa, it could likely have a No Further Stay condition on it and that would restrict you from applying onshore.
Ideally what you should have done was not get married and apply for a PMV but that'll not work now unless you can ignore your marriage in Colombia.
You could get your husband when he comes to Australia to see a marriage celebrant or minister to see if they can still legally conduct a marriage for you both in Australia when you are already married, the answer possibly No.

And before he leaves Colombia, he ought to see if he can make a call to wherever you have to submit your application - see under listing in the visa applying section - and see what they may have to say about the situation.
Based on the overall length of your relationship and how you were living prior to marriage they may be able to give an indication of acceptance or not.

Your fallback position may be to get a tourist visa to Australia for say six months and even if it has a NFS on it, following being together as a married couple for a further five months you then take a trip to New Zealand or a Pacific/Asian country and submit an offshore application _[ it may be sent back to wherever your application would go if submitted from Colombia, but you do not have to ] _ .
You could then seek another tourist visa into Australia and hopefully be granted one while the partner visa processing occurred and then when it was to be granted, you would again need another short trip out of Australia to allow that to happen.

At least the offshore application is about $800 cheaper and so that will help to pay for the two trips out and back.


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## daritus (Mar 23, 2011)

*daritud*

Thanks a lot for u reply. Just another question?? What about if I go to Australia with an student visa for 6 months or even more . To study english. I know it will be more expensive, but I need to improve my english as well. That will be better?? and after the student visa ceased get again married in OZ??

thanks again


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## Wanderer (Jun 16, 2007)

It could work though it may even be possible that a NFS is put on a shorter term student visa and for student visas there is a bit more to getting one than a tourist visa.


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## daritus (Mar 23, 2011)

*partner visa*

Thanks for u adivce,,Now Im a bit confused there are a lot of options but I dont know so far which will be the best to do??and safer

I have got married a month ago,,basically we had lived together for almost two months and previouly our marriage we lived separately, because due to our backgrounds, and specially mine, we wouldnt be able to live together till married.

I really want to go with my husband to Australia and now I dont know exactly which way is best??

Could you please help me out !!!  In your experience what do u think is best to do in my case..

THANKS

DIDI


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## Flipsenorita (Mar 22, 2011)

Hi guys, 
I have a similar question. I have a Mexican fiance & after finding out that we cant apply for a partner defacto visa because we have only been living together for 5months, the offshore spouse or PMV are our other options...

We are both currently living in Mexico & would get married in the states, which from everywhere that Ive read, is legally recognised in Australia. Soon after we would apply for the partner spouse visa. Do you think the fact that we wouldnt be married long would hinder the application? We have alot of evidence about our history & details about the relationship..

This seems the best less hassle way to go rather than the PMV, we need to move fast as I cant currently work in Mexico & need to go back home to Aus

Or is the PMV better in my case, even if we will have to reapply inside Aus after we are married for the spouse partner visa..

Thanks


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## neo (Jun 1, 2011)

Hi all, great forum, I am in a similar situation to Flipsenorita, however, I have lived with my partner for over 12 months, and we left Mexico *him being Mexican, myself Australian* in May 2010, after applying for a tourist visa to australia, we went to Indonesia while waiting, and it was refused, so we stayed in Indonesia for four months, theen we returned to Mexico for 6 months, after which we reapplied for a touist visa, and it has been granted for 3 months, No Further Stay, so we are now both in Australia with 6 weeks left and I am not sure which visa to try and get him to return to Australia, I know because of the NFS he will have to leave and apply for another visa, but as I have only just started working again in australia and i cant work in Mexico, we cant afford to apply for a defacto visa and wait for months to return, can he reapply for a tourist visa on return to Mexico, providing he has tthe funds for the duration_, or is there another visa class he is better off applying for, he does not have papers for a trade as they are not required in Mexico, so applying for a skilled worker visa may not be possible, and can he get a police clearance here because i cant imagine theey give them in Mexico any help greatly appreciated


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## aussiegirl (Dec 15, 2009)

Hi there,

In my opinion you should really consider saving your money for a partner visa application. If you think about all the money you will spend on tourist visas and plane tickets, it's cheaper in the long run to get a partner visa.

If you are serious about eachother and have considered marriage, he could apply for a fiance visa in Mexico, this not requiring 12 months living together. After he's granted the visa, he comes to Australia and you marry within 9 months and apply for a spouse visa onshore. Or, you could get married at a registry in Australia, and have him apply for a partner visa a married couple when he goes back to Mexico.

Without any trade certificates I think it's hard for him to get any kind of skilled work visa, and most tourist visas I'd think would have an NFS on them, so you would have to go through all this hassle time after time just to see each other.


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## angelica (Sep 16, 2011)

HI Daritus,
I am aplying for a prospective marriage visa, and i would like to know what was your experience regarding the visa process,
I would really apreciate it if u could help me with some info, did you already lodge you application?, how long till aproved?
saludos
Angelica



daritus said:


> Im from colombia, This is my story. I met my partner two years ago while he was in colombia. . He is an australian citizen (born in colombia as well). We spent a couple of months knowing each other while he was here, then after he went back to Australia and we kept communicating through email and phone for about a year and half. After knowing each other for that long time in a long distance relationship then he decided to come back to Colombia for 10 months and spend more time together. Since then we have moved to a more serious relationship. and We just got married a month ago.
> 
> He is travelling to Australia in the few days coming. We are not sure which visa will be more suitable for our case?? Do you think partner visa will be the right choice?
> 
> ...


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## Bauhn (Oct 27, 2011)

Hi,

Long time reader, first time posting.

I am in a similar situation. I have a fiancee that is overseas at the moment finishing off her degree. I was planning on applying for a PMV and marrying after she comes here. But, I am sort of changing my mind, because I want to marry over there with her family. But I want her to return with me after the marriage straight away without applying for any visas (I want her to have one already).

The PMV states that you have to enter Australia before you get married, so she has to come here first, and then go back. Seems like lots of unnecessary travel?


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## dusty_springfield (May 19, 2011)

Hi Bauhn,

The purpose of PMV is for those couples who wish to marry in Au. So easy to understand that they must make an official entry to Au to activate the visa. Since you change your mind and also avoid time consuming and money, you better apply spouse visa offshore after getting married in her home country. And you can apply visitor visa for her if you wish to get her along with you back to Au while waiting for visa application processing.

Cheers


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## Bauhn (Oct 27, 2011)

Ok but then she will still have to leave to receive that visa overseas? Might as well get PMV, come here, go back, marry and come back for good  I don't know, maybe skip that idea and just marry here.


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## whatnext (Aug 3, 2011)

Once the PmV is granted she can enter the country and then leave again if you want to marry overseas. Once you are married you have to apply for a spouse visa before the PMV expires. 9 months from grant date.


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## dusty_springfield (May 19, 2011)

Hi Bauhn,

If you apply offshore, you have to be offshore to get visa granted, so she has to leave Au before (so that) spouse visa granted. Marriage is such a big event in every single person's life. But due to the visa issue, you can make decision base on how convenient and what visa is most suit your situation. 

Cheers,

Cheers,


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## Bauhn (Oct 27, 2011)

Yes I understand that, we will apply for a spouse visa onshore after the PMV.

Not sure now, too much effort in travelling to europe, might as well marry here.

Sorry I can't seem to find the correct answers on the immi site.

Will there be any restrictions on her going home for a visit between the PMV and applying for a spouse visa? I assume you receive a bridging visa once you have applied for a spouse visa? Or are they quick to grant spouse visas after a PMV?


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## dusty_springfield (May 19, 2011)

Hi Bauhn,

Once the onshore spouse visa is lodged, she will be granted BVA which not allow her to travel oversea. She can apply BVB to get permission to depart. The onshore processing time is around 12 months, if your papers are well prepared, the waiting time will be shorter.

Wondering if you access to partner booklet http://www.immi.gov.au/allforms/booklets/1127.pdf

Cheers,


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## Bauhn (Oct 27, 2011)

This is a great forum, heaps of information!

I just have another question. We are almost ready to submit PMV visa offshore.

When she comes here, marry, apply for spouse visa, do we need to resubmit again the police records? If yes, then she has to bring them with her from home. In her country, there is no website to order police clearance, it must be done in person. Massive hassle!

What about medical? Again onshore?


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## theskyisblue (Sep 28, 2010)

Bauhn said:


> This is a great forum, heaps of information!
> 
> I just have another question. We are almost ready to submit PMV visa offshore.
> 
> ...


Hi Bauhn

My husband (who was granted & arrived in Australia on a PMV) has just lodged the Spouse Visa application. I had thought that all medicals & police certificates were only valid for 12 months & must be current when the Spouse Visa was granted, however the acknowledgement letter said this:

Subclass 300 Visa Holders
If you are the holder of a subclass 300 visa (or last held a subclass 300 visa and subsequently married your subclass 300 visa sponsor) you are NOT required to undergo new health clearances or provide fres overseas police clearances for this current application as you satisfied these requirements when you were granted your subclass 300 visa.

We'd already frontloaded fresh medicals & police certificates in the Spouse Visa, so I'm a little annoyed at this (ie we just wasted $317 for medicals + hassle at acquiring & translating police certs!!!). But I guess its better to be safe than sorry eh


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## Bauhn (Oct 27, 2011)

Thanks for the info that is a great relief! It takes 2 months to get police certificates from russia + translating them. I wish they put that information at least in the booklet or somewhere else.

Maybe a sticky can be made up on this site stating what is required for each visa so people don't keep posting threads asking the same questions over again. Obviously it cannot be a official source of information, but just a guide.


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## Bauhn (Oct 27, 2011)

After a PMV and people who have applied for a spouse once marrying their partner, do you need to put so much information about your relationship on the 820 application again as you have already been given a 300? Seems silly to give photos, and stat decs from family members as this has already been done on the 300 visa application.


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## daritus (Mar 23, 2011)

*Partner visa*

Hi ..everyone well what we have done since applying for a partner visa was:
Got married and after 5 months living offshore my wife and I applied for a partner visa, then I travelled to Australia and I having been waiting for her visa to be granted almost 3 months and nothing yet

Now our circunstances back home have changed and I have decided to go back , My question now is :

Once her visa is granted can my wife go to Australia while Im here (Australia) and stay for a couple of weeks and then we'll return to colombia for a year or two and not loose our partner visa application???

Cheers..
Dario



Wanderer said:


> Australia does recognise legitimate marriages from abroad so that in itself is not a problem in respect to a partner visa.
> Even in being married, it is normal that something like living together for six months would be expected but Immi do also recognise that there are some customs to be adhered to in some circumstances and it will be up to just what evidence can be produced of your relationship together as well as statements from parents and even his friends back in Australia who knew of his friendahip that will collectively determine your success or not.
> Have a read of the *sticky thread by elkitten *as well as the *Booklet#1* linked in the family visas section of Immi site and you can get some ideas from there re evidence.
> 
> ...


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## AA86 (Feb 18, 2012)

*Help Please*

Okay so I am sorry if I may be asking a question that has already been posted but I need some insight into how, if, and what I may need to help me with sponsoring my partner to stay in Australia with me...Here is our story.

I first met my partner early November 2009 and started dating a couple weeks later. She was on a Working Holiday Visa For 12 months. Within another couple weeks she moved in with me and my dad and stayed with us until her Visa ran out in October 2010. She then flew back to Canada, where she is a citizen, and we continued our relationship via Skype, Facebook, and Phonecalls for 12 months before she applied for a 12 Month Tourist Visa and I flew her back into Australia in early October 2011. She has moved back in with me and my dad and we are starting to gather what we can so we can apply for the Partner Visa. I have thought about the prospective marriage visa ( I think that is what it is called), but the 9 month time limit I believe is not enough to plan a decent wedding. I want it to be special, not rushed. Anyway, basically I need some advice as to what Immigration would say about us and whether they would approve us based on that situation and what else they may need. Even though we have not physically lived together for the last 12 months immediately prior to when we lodge the application, we have still been together, in a relationship, for 2 years and 4 months.
Any help would be greatly appreciated and thanks for taking the time to read.


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## aussiegirl (Dec 15, 2009)

It's fine for you to be seperates while the visa is being processed. You just have to make sure immi knows you addresses in case they need to contact you.


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## aussiegirl (Dec 15, 2009)

at AA86 If she is ready in oz she can't get a pmv finace visa. This can only ne obtained offshore. If you get married in Aust you can get a married spouse. Please read the info on the immi website and make sure you know the difference.


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## whatnext (Aug 3, 2011)

AA86

You need to make sure Immi knows you were in a defacto relationship during the time you were not living together as opposed to a long distance relationship. Do you have any joint accounts or have you supported each other financially? Anything like that will help. They can be pretty strict with the 12 month living requirement. Have you checked the document checklist and partner visa booklet on the Immi website?? 

Living together is obviously a big key to proving you are defacto so without that you will have to prove it in other ways and communication is not always enough.

Check to see if you can register your relationship in your state. This will legally register your relationship as defacto and can waive the 12 month living requirement but not all states allow it. I know NSW does. Check the births, deaths, marriages website in your state.


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## AA86 (Feb 18, 2012)

Thanks AussieGirl & Whatnext for the reply,
In regards to what you were asking aboutly the joint bank accounts, I have only recently (start of the year) set up a joint account for us both. Seeing as she can't work it has been my responsibility to support her finacially, which I really don't mind. I guess we both support each other emotionally, but convincing immigration that isnt exactly going to be easy. I have organised for four people to write a stat. dec. stating how they believe we both need each other and just how genuine our relationship really is. I also have photos of us together from both this time and last time around, as well as previous emails, facebook messages and also a letter and poem I sent her last year and a receipt for two dozen roses I had sent to her work in canada. I will use everything I can find to do what I can to keep her here. I am just hoping I have enough evidence. I have had a look through booklet 1 and the checklist and am trying to gather everything it says to have and more. I have also tried to find out from births, deaths and marriages about applying for a defacto relationship but apparently my solicitor says that in queensland you cannot apply for such a thing.
AussieGirl, does what you say mean that we can't apply until after she leaves the country or does it just not get approved until she leaves?
Thanks again to you both for replying and answering to my last post



whatnext said:


> AA86
> 
> You need to make sure Immi knows you were in a defacto relationship during the time you were not living together as opposed to a long distance relationship. Do you have any joint accounts or have you supported each other financially? Anything like that will help. They can be pretty strict with the 12 month living requirement. Have you checked the document checklist and partner visa booklet on the Immi website??
> 
> ...


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## whatnext (Aug 3, 2011)

The fact that you are supporting her is good evidence of your commitment to her. It's the time you spent apart that's the tricky part, show as much as you can to show you were committed to each other as defacto rather than just in a long distance relationship. 

Do you have emails to each other where you were discussing and making future plans? They could be good to include.


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## AA86 (Feb 18, 2012)

I do actually yes. Thank you. I will go back through everything and gather what I can. There is also one last question which just came to mind. My partners father moved here 2 years ago on a 457 skilled working visa and as far as I am aware is in the process of applying for PR, Do you know if there is a chance that maybe if all else fails he could get her under his visa to allow her the right to stay? Perhaps this is a question best to ask him, but maybe you or someone else on this forum may have an answer for me. She is 23 years old as well and I don't know if this affects the situation. Who knows if all else fails and those two options don't work out then I will ask her to marry me. I would rather it be a planned beautiful thing but in the end it is about us staying together despite the path we take to get there. 

Thank you so much for all your help it really does mean alot. The government really confuses me and you have shed quite a bit of light on this situation.


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## whatnext (Aug 3, 2011)

I'm not familiar with 457's but you can find the info on the immigration website if you search for 457 visa. 

Simple weddings can also be very special. I planned ours in 8 weeks. We didn't want to wait and we only wanted a small simple wedding. We had 30 close family and friends and had it on the beach. It cost less than $5,000 and was perfect for us without the stress of expensive dresses, cakes etc. having said that everyone has an idea of what they want their wedding to be, that was ours, but everyone is different. If you are not quite ready for marriage yet there is no point rushing it for visa sakes. This process is stressful enough. If you take the time to create a very thorough and well documented application you should not have a problem. Unfortunately this process is extremely individual so it's hard to say what would happen purely based on others experience. I've seen some people on here that have been rejected for not fulfilling the 12 month requirement and others that were approved even with lengthy breaks of living together. I think it comes down to quality of your application. Don't overload it with unnecessary information. Give them what they ask for and make it easy to follow. It sounds like you are putting alot of effort into it so I think you'll be ok.

You can always add non official statements from her family as well just to emphasize your relationship. Confirmation and support from family is always an important part of any relationship.


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## bigapple (Nov 13, 2012)

Hello Everyone..!!!

Its a great forum... !!! I have similar Question but my Situation is little different..I met my partner online last year then.. we been in touch over a year on phone and Fb Skype then we decided to marry. Im from Pakistan and my Husband is Australia (Citizen) Born in Mauritius. We got married on 23April 2012. He came for a month just to marry me.. he took a month off from work then he went back to Australia.. now we want to apply for spouse visa .. I need to ask what are the possibilities to get Spouse visa and how long it will take ??? Can he apply from Australia for partner visa or Do I need to apply from Pakistan to apply for spouse visa??? we have almost all proofs like Phone bills, FB History,Skype history, Pictures, Marriage certificate, Etc..He visited me again in September for a month. I dont know how to ask immigration Qz  But if anyone can help me out regarding my Qz would be a great favor..  Thnx


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## aussiegirl (Dec 15, 2009)

It's cheaper for you to apply from where you are, and actually he can't apply for you because you are the nom Australian who needs the visa. You both need to look on the immi.gov.au website and read the information there on what forms to use and how to lodge them.


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