# Getting married in Australia and applying for the partner visa



## Eduardoamo (Jan 19, 2010)

Still about getting married. I am Brazilian and my partner is Australia. We lived together for 9 months in Ireland and had 7 months apart but we saw each other during this period apart in a family holiday in Thailand for two weeks when I had the chance to meet all her family. I came to Australia in July/10 and we have been living in her parents house since then. We have decided to get married either Jan or Feb 2011 and to rent a place for ourselves either just before or after the wedding. 

Does anybody think we are on the right track or have any suggetions what we should do to improve our application? We intend to apply for the partner visa within a month after the wedding. Should we wait a bit longer to apply ??

I would appreciate any help. Thanks in advance.


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## aussiegirl (Dec 15, 2009)

Hi there,

I think you're going about things the right way. Living together for at least 12 months is an issue for de facto visas, but there is no certain minimum time for couples that are already married. Of course though, they should be living together at the time they apply.

Just try to set up joint bills and accounts if possible, and get both your names on the lease when you start renting. 

You're lucky to have the time to gather evidence, so you should be able to put together a solid application.


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## Wanderer (Jun 16, 2007)

You'll certainly have the background together as far as time of having known oneanother and of course you need to be able to verify that.
Getting married is one thing but you still need to have evidence of a relationship and so whatever evidence you can put together certainly needs to be done.
The other thing I assume you have covered is what the visa you are on now allows for if it is a tourist visa with a No Further Stay condition, that will prevent an onshore application being made.


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## Eduardoamo (Jan 19, 2010)

Hi guys, 

We will indeed get both our names on the lease and set up joint bills before applying for the visa. I think this is a must. 

I am on a student visa which expires in Aug 2012 though I have to pay schools fees every semester. I am glad that it does not have NFS condition on it. 

My partner and I have been discussing visas for a while and the issue at the moment is either getting married in Jan/11 and apply for the partner visa late february or early March/11 or wait till July/11 when we will have lived together for the 12 months and apply for the facto visa.

I do believe that the first option is better because I would get my visa sooner and be able to work full time. 

Thanks guys for your help. This website is terrific!


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## michael33 (Jan 2, 2011)

Hi all
I just joint this forum.
not sure whether i'm in the right threat, anyway 
my name is Michael 33 years young, living in Germany, currently visiting my dad , living in Perth for 12years .
I'm a single dad have two beautiful girls 9&12 years old
being here for only 3 weeks, realizing how nice and worth full it may be to live in Australia, dad is talking about it for ages, my girls asking already, dad? do we have to go back to freezing Germany??
I'd like to find a way how to immigrate to Australia 
any help would be much appreciated, and thanks in advance
Michael


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## Wanderer (Jun 16, 2007)

Your enquiry Michael is a bit more diverse than that of Eduardoama's and you may care to open a new thread which is simple enough to do via hitting the New Thread tab that is at the top left of each sections thread listing page.
As for immigrating, in general terms there are people with a partner connection such as Ed. and in those cases there are the partner visas and then there are also the skilled visa stream and you'll find details for both via Department of Immigration & Citizenship .
With your children, you would need sole custody or the approval of their mother if applicable to list them as secondary applicants to any visa you applied for.
Rather than cloud Ed's thread in case he has further queries, for any of your own please start that new thread.


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## michael33 (Jan 2, 2011)

Hi wanderer,
thanks a lot for your reply and advice
Michael


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## Eduardoamo (Jan 19, 2010)

Hi there, 

My partner and I have set the wedding cerimony date for beginning of February and as I told you in my first post, we are moving out to a place for ourselves. We are wondering if as soon as we have got our marriage certificate we should apply for the partner visa as married applicate or Shall we wait a little bit before apply for? 

I have other doubt. I applied for the student visa in June 2010 in Brazil and undertook the medical examination. I know it does expire after one year so I think I do not need to undertake again If I apply for the partner visa in March 2011, right? Or should I undertake anyway in order to avoid any delay? 

I would appreciate your information.

Thanks a million

Ed


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## Wanderer (Jun 16, 2007)

With your background together Ed., once you are married you should not have too great a difficulty in getting a partner visa so putting an application in as soon as you are ready after marriage should not be an issue.
Some people have posted recently on being advised to expect lengthy processing times for onshore visas, that possibly something to do with staffing issues and at the same time I've seen a couple of posts re not being able to do a medical up front with that situation, though indicating a booking had been made was appropriate.
If you make a booking you will be covered both ways and your student visa will be indicated in your application so you could also highlight when you had the medical.
If you have not been out of Australia since entering on the student visa, you may not need another but it will be up to the CO at tome of processing.
It is probably advisable that you get an AFP check done as though you'll not have been in Australia a full year at time of application, it is still something that could likely be asked for.
Hope the wedding goes well, that being quick on the organising of a minister/celebrant for you still had to give a months notice.


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## Eduardoamo (Jan 19, 2010)

Hi all, 

I posted my application on 10th March and on 15th March I received a letter from the DIAC acknowledging my application and payment. I was expecting that but what I was not expecting whatsoever was to received most of the paperwork that I sent such as financial statements, letter, cards, photos, msn conversation etc back.

They have kept the forms, police clearance, stat decs. I am just wondering if that is the normal procedures as I have never heard or seen any post stating anything like that I am quite surprised. 

Much appreciated any comment about that.

Thanks a lot

Ed


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## Wanderer (Jun 16, 2007)

What probably happens is that someone in registering yoir application will quickly go through and perhaps have their own check off list of what kind of supporting info has been supplied but because they do not want a whole heap of stuff hanging about, they have returned it to you.
It may not always happen but it has at times and is just to the discretion of where the application has been made and people looking at the application.


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## Eduardoamo (Jan 19, 2010)

It has been just over 2 months since I applied for my visa. I know it has not been to long but what I am concern about is I will have to pay for my enrolment fees soon. 

As I am on a student visa, I have to pay for the enrolment fees by the end of next month. It is a lot of money - $5,250 for the semestre. I was hoping to be granted the partner visa before I had to pay for my studies. 

I am wondering if I could write a polite and formal letter to my CO begging her to have my visa granted before the payment deadline for TAFE. If I don`t pay the fees, TAFE will contact the immigration then I would be in troble. I would not like to study full time one more semester. I have good jobs opportunities to work full time but I need to be granted the visa. 

Is it worth writing a letter explaining what I have just mentioned above?

I appreciate your comments.

Thanks and regards


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## mossyrocks (May 11, 2011)

when we lodged our app, the guy at immi said it was not necessary for recently married couples to be living together straight away, as long as there was intent. he told us they didnt expect it. as long as you are genuine and doing as the app says, you should have little to worry about.


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## whatnext (Aug 3, 2011)

Hi Ed

We are in the same situation with the student visa. These are the options we have been given. 

1. Request a deferment at the school to see if my husband can postpone the start of his course for a few months. You remain on your student visa with the same work rights but do not attend classes for the period of deferment. This is at the discretion of the school and they normally require compassionate or compelling reasons.

2. Cancel student visa and apply for bridging visa e. No work or travel rights. You can request work rights if you can prove financial hardship. 

I don't think they would fast track your visa application because you have good job opportunities. It's worth a try though. There are many people in the same situation so unfortunately it's a matter of waiting.


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