# VISA for my Girlfriend from Russia



## ndalian (Oct 14, 2013)

Hi there,
Here is a quick outline of my situation:

My name is Andy and I was born in Russia. I migrated with my family to New Zealand when I was 15 year of Age. I lived in Auckland New Zealand for 11 Years, before Moving to Sydney, by that time I was NZ Citizen, which made me an Australian Resident, so I'm pretty much Permanently here. 

My girlfriend lives in Russia (St Petersburg) We never lived together, but she visited me once in Sydney, However we go way back... I met her when she was only 6 and I was 8 years old. We were friends for a very long time. 
When I migrated to NZ we chatted a lot and there was a bit of Romance there, but in a few years it was gone and we went our separate ways.
Both got married, both got divorced, not even knowing about each other. Almost a year ago we exceedingly stumbled upon each other in a Russian for and started chatting, turns out our lives were pretty miserable with other spouses and we still cared about one another. 
In May 2013 I made a visa for her to come and visit me. Unfortunately she could only come for 1 week, because of her work (She works in Four Season Hotel in St Petersburg)
She has a very good Visa history. She went to Finland, Egypt and Australia. All granted pretty quickly.
She speaks perfect english and her job involves talking to English speaking Guests.

I was hopping to go to Russia for a year to get a difecto or Marriage visa (Because you have to be together for a year OR wait for 6 - 8 moth for Marriage visa to come through)
Both of my Russian Passport has expired over 7 years ago and Unfortunately the process of brining that back has taking a turn for the worst. I've being trying to prove my Russian citizenship for 6 Months now and It could take another 6 , by the looks of it.
I can't go to Russia az NZ citizen, because apparently it's illegal for me being born in Russia and use other passport to cross back to Russia.

Ultimately I want to move her to Sydney.

SO, anyone can advise a visa or a path I can take?
I'm meeting her in Thailand in early December (because I haven't seen her for nearly 6 month) We both don't need a visa to go there, maybe we should just stay there. 
I'm planning to move her somehow after New years...

Any suggestions?


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## GBP (Jun 1, 2013)

Prospective Marriage Visa?


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## ndalian (Oct 14, 2013)

GBP said:


> Prospective Marriage Visa?


But we would need to wait (away from each other ) 6 -8 months before it is granted?
Which means she would stay in Russia and i would remain in Sydney for the period of waiting. Is that right? Or am I missing something?


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## ndalian (Oct 14, 2013)

I am thinking to apply for a visa in December, and hoping to move her to Sydney by January/February the latest. Is it even possible?

Also I was looking through forums.... Is it possible for me to get her a Tourist visa (Which I think I can get in a month time with her good Visa record) and then apply for marriage visa while she is in Sydney? OR
Apply for marriage visa while she is in Russia, BUT while waiting apply for Tourist visa to come and visit (extend for 6 - 12 month)?


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## CollegeGirl (Nov 10, 2012)

If you can both stay in Thailand and you were serious about staying there, why not just apply for the Prospective Marriage Visa and then both stay in Thailand while it's processing? If that's not something you want to do, you can also apply for a PMV while she's offshore, then she can join you in Australia while it's processing on a tourist visa and go offshore again when they're ready to grant it.

I would suggest either of these two routes over trying to apply onshore for a spouse visa.. you're not likely to have adequate evidence for a spouse or de facto visa at this point.


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## ndalian (Oct 14, 2013)

CollegeGirl said:


> If you can both stay in Thailand and you were serious about staying there, why not just apply for the Prospective Marriage Visa and then both stay in Thailand while it's processing? If that's not something you want to do, you can also apply for a PMV while she's offshore, then she can join you in Australia while it's processing on a tourist visa and go offshore again when they're ready to grant it.
> 
> I would suggest either of these two routes over trying to apply onshore for a spouse visa.. you're not likely to have adequate evidence for a spouse or de facto visa at this point.


So just to clarify I can apply for a PMV say after December (When we are both back to our countries) and straight after apply for a tourist visa? Wouldn't that be suspicious?


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## ndalian (Oct 14, 2013)

Also GHere is a scenario:

Imagine she would come on a torsos /visitor visa to visit me, Australia in general, say we can make it for 4 month time maybe.
Then all of a sudden I would to propose to her and... Would I be able to marry her, while she is on her Tourist visa right there an then?
And if so would I be able to get her SOME sort of visa (once the tourist visa runs out), before the PMV Is granted?


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## GBP (Jun 1, 2013)

Please read the following link to understand the process:

http://www.australiaforum.com/visas-immigration/20733-partner-visa-should-i-apply.html
http://www.immi.gov.au/allforms/booklets/1127.pdf

It is quite common to be in this situation. But, I think you need to read the following link also:

http://www.australiaforum.com/visas...class-300-partner-visa-processing-moscow.html


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## ndalian (Oct 14, 2013)

GBP said:


> Please read the following link to understand the process:
> 
> http://www.australiaforum.com/visas-immigration/20733-partner-visa-should-i-apply.html
> http://www.immi.gov.au/allforms/booklets/1127.pdf
> ...


THANK YOU SO MUCH! It definitely gave me hope.
I think we would be in a winning situation here:
She has a good Visa history, She has been in Australia before, We met each other (Hips of photos). Practically every friend and family member know of our intension, Plus I have Prove of steady and Very Good Income to support her fully and being living in OZ for nearly 2 years already.


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## ndalian (Oct 14, 2013)

Also an interesting question...Perspective Marriage Visa... Who needs to apply for it?

Me (Australian Resident, living in Sydney. Applying from Sydney) If I proposed to my Girlfriend?

OR

Her (Russian Citizen, living in St Petersburg. Applying from Moscow Australian embassy) ?


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## CollegeGirl (Nov 10, 2012)

It's always the applicant (so in this case your girlfriend) that applies. You will have a form to fill out, a statement to write, etc. as well, but she's the applicant.


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## CollegeGirl (Nov 10, 2012)

ndalian said:


> So just to clarify I can apply for a PMV say after December (When we are both back to our countries) and straight after apply for a tourist visa? Wouldn't that be suspicious?


Immigration understands right now that they are asking people who love each other to spend quite a bit of time apart. They are actually MORE likely to grant a tourist visa once you've already applied for a partner visa/PMV, because then it's more obvious you don't intend to overstay on the tourist visa.


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## ndalian (Oct 14, 2013)

Thnak you!


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## ndalian (Oct 14, 2013)

CollegeGirl said:


> Immigration understands right now that they are asking people who love each other to spend quite a bit of time apart. They are actually MORE likely to grant a tourist visa once you've already applied for a partner visa/PMV, because then it's more obvious you don't intend to overstay on the tourist visa.


Does this mean they can grant more time (IE: 4 -6 month)?


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## CollegeGirl (Nov 10, 2012)

ndalian said:


> Also GHere is a scenario:
> 
> Imagine she would come on a torsos /visitor visa to visit me, Australia in general, say we can make it for 4 month time maybe.
> Then all of a sudden I would to propose to her and... Would I be able to marry her, while she is on her Tourist visa right there an then?
> And if so would I be able to get her SOME sort of visa (once the tourist visa runs out), before the PMV Is granted?


If you marry her, you can no longer apply for a Prospective Marriage Visa. Can you clarify what you're asking here?

If you're asking if she can come over on a tourist visa (without having applied for anything else yet) and you can decide to marry her and then apply for a spouse visa, yes, you can, but you're going to have a lot of evidence to provide for the spouse visa and not much time to collect it. Financial evidence and evidence of combining households can be especially hard to prove with a short period of time.

If that's not what you're asking, can you clarify? Thanks


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## ndalian (Oct 14, 2013)

CollegeGirl said:


> If you marry her, you can no longer apply for a Prospective Marriage Visa. Can you clarify what you're asking here?
> 
> If you're asking if she can come over on a tourist visa (without having applied for anything else yet) and you can decide to marry her and then apply for a spouse visa, yes, you can, but you're going to have a lot of evidence to provide for the spouse visa and not much time to collect it. Financial evidence and evidence of combining households can be especially hard to prove with a short period of time.
> 
> If that's not what you're asking, can you clarify? Thanks


Basically, I'm asking this:
In December before New Year She can apply for PMV from Russia ( with my forms all filled in and supportive documentation) 
Then early January 2014 apply for tourist Visa.... Knowing that we are planning to get married would Immigration give her more time ( of Tourist Visa) to stay in Australia during the processing time of our PMV, just so we can be together until she gets Grant (By which time ,I assume, she has to go back briefly to Russia to get it) ?


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## CollegeGirl (Nov 10, 2012)

Ah, I see what you're asking. The way you might want to consider phrasing it (if they even ask her why she's making the trip) is that she is planning to holiday in Australia with you while waiting for her visa to be processed. You make a good point about the length of time of the tourist visa, though - you may not get one for the entire duration of the processing of the PMV. You may have to spend a few months apart. If you absolutely can't stand that, your other option would be, as I said above, to decide while she is there on the tourist visa to get married, and then collect evidence of living together and sharing finances up until her tourist visa is about to run out and then apply for her spouse visa in Australia. 

Of course, as I said, that requires more evidence and so can be riskier for someone in your particular situation. You have to weigh how much risk you are willing to take. 

Keep in mind that onshore spouse visa processing is currently taking 18 months. During this time she would have access to Medicare and (once her tourist visa runs out) will be legally allowed to work. However, if she wants to leave the country she will have to apply for a Bridging Visa B in order to be allowed to travel outside the country.


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## ndalian (Oct 14, 2013)

CollegeGirl said:


> Of course, as I said, that requires more evidence and so can be riskier for someone in your particular situation. You have to weigh how much risk you are willing to take.
> 
> Keep in mind that onshore spouse visa processing is currently taking 18 months. During this time she would have access to Medicare and (once her tourist visa runs out) will be legally allowed to work. However, if she wants to leave the country she will have to apply for a Bridging Visa B in order to be allowed to travel outside the country.


But apart from time frame, I think it would be a better choice wouldn't it?
Not only we can get married, but with the use of bridging Visa, she can stay in Australia until she gets PMV. Is that right? I know she won't be able to go back to Russia, but that's a good thing isn't it?

SO from my understanding if the visa is applied SOMEHOW from ONSHORE, then she HAS TO stay in Australia until it is granted? Right?


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## CollegeGirl (Nov 10, 2012)

Are you getting the PMV and the spouse visa mixed up? I think that might where part of the confusion is coming from. The prospective marriage visa is the PMV. You can't apply for that in Australia (you have to be offshore), and you can't marry before that's granted. 

If you want to apply from inside Australia so she can stay in Australia while it's being processed, it has to be a spouse visa, which requires more in-depth evidence. 

If she applies inside Australia for a spouse visa and wants to still get her visa, she just has to apply for a Bridging Visa B in order to be allowed to go offshore temporarily. (well, technically she can leave the country anytime she wants - but she'll only be able to get back in if she goes the Bridging Visa B route). But it sounds like you're not concerned about her being able to leave during processing anyway.


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## GBP (Jun 1, 2013)

PMV is an offshore application only. You cannot apply onshore. But while waiting for a decision, she can come over to Australia using a tourist visa. If her tourist visa expired before a decision is made, then she have to leave Australia. Also, she need to be outside Australia in order for the PMV to be granted (just a short trip to nearby country will do, no need to fly back to Russia).

If you get married while waiting for a decision on the PMV application, then the application would be changed to a partner visa, which you need to provide more evidences and pay the extra application fees. 

Given you situation, it is hard to provide sufficient evidence to show that you are living together as husband & wife for a considerable period of time. So, I guess you would have a hard time if you want to apply for partner visa at this stage.


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## ndalian (Oct 14, 2013)

GBP said:


> So, I guess you would have a hard time if you want to apply for partner visa at this stage.


I guess the only way fro me would be PMV. For her to apply from Russia and then We'll wait a month or so and apply for Tourist visa, hoping that they'll give us enough time together before PMV grant.

Also on aside note. You mentioned that she could be in another country to get the grant.... How does that work? I thought she has to come in person to get the grant? If not and it is electronically or by post (Which could be resend by a relative to Australia), then how would they that she is not in Russia?


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## CollegeGirl (Nov 10, 2012)

No, you don't get the grant in person. The visa is electronic. She'll either be notified by email or regular mail or phone. She can be anywhere in the world except Australia when her visa is granted.


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## CollegeGirl (Nov 10, 2012)

Also - make sure you notify the embassy before she leaves that she is going to be onshore for a bit on a tourist visa, and ask them to notify you before they decide the visa, so she can get offshore. Also make sure they have her up-to-date phone/address/email so they can contact her if they need to tell her to get offshore.


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## ndalian (Oct 14, 2013)

CollegeGirl said:


> No, you don't get the grant in person. The visa is electronic. She'll either be notified by email or regular mail or phone. She can be anywhere in the world except Australia when her visa is granted.


Again how would they know then????


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## CollegeGirl (Nov 10, 2012)

As I said, the visa system is electronic. They can tell just by looking at their system whether she is in Australia or outside of it. 

Still, you need to tell them when she's going to be in Australia, and then let them know again when she's left, just to be on the safe side. If they granted the PMV while she was still in Australia it would be a big problem (though I have not seen that happen in the year I've been on these boards, since people here have been good about making sure to tell Immigration when they're going to be onshore).


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## ndalian (Oct 14, 2013)

THANK YOU EVERYONE!!!
This really helps!


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## ndalian (Oct 14, 2013)

Oh Almost forgot...

Important issue:

I am still technically married to my ex-wife.
We've separated on 1 March 2012 (When I moved to Sydney from Auckland New Zealand), but by NZ law we can apply for Divorce before 2 year threshold. However since I live in Sydney for over a year I managed to apply for Divorced through AU government and now awaiting my spouses respond letter with which hopefully I can go to court her in Sydney for an official Divorce.

My question is I guess. How would that effect my PMV application? I am separated. Should I even mention it? I was married in New Zealand after all. Would they check it?


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## CollegeGirl (Nov 10, 2012)

You have to be fully and completely divorced before you can apply for a PMV or a spouse visa. 

You can't just not mention it - that's fraud, and if they find out (and they likely would during the very in-depth background check they will do) they will refuse your visa. And if they didn't find out now, but found out later, they could revoke your visa since you obtained it under fraudulent circumstances (even if they found out after you had been living in Australia for several years and had a life there).


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## tulauras (Sep 1, 2013)

The other thing to note is that all (partner) visas have a long wait time - even if you could apply for an onshore or offshore spouse visa, you'd still have to wait around a year for it to come through. If you can apply onshore you can get a bridging visa, but unfortunately there's no way of avoiding the wait.


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## ndalian (Oct 14, 2013)

tulauras said:


> The other thing to note is that all (partner) visas have a long wait time - even if you could apply for an onshore or offshore spouse visa, you'd still have to wait around a year for it to come through. If you can apply onshore you can get a bridging visa, but unfortunately there's no way of avoiding the wait.


I don't mind to wait, as long as we are togeather AND in a country where I can work and support us it doesn metter. 
So if after 4 - 5 months time we still waiting to get PMV, I should get my Russian passport and we'll come back to Russia for a while then go back to Australia or apply for another Visa.


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## Maggie-May24 (Jul 24, 2011)

ndalian said:


> My name is Andy and I was born in Russia. I migrated with my family to New Zealand when I was 15 year of Age. I lived in Auckland New Zealand for 11 Years, before Moving to Sydney, by that time I was NZ Citizen, which made me an Australian Resident, so I'm pretty much Permanently here.


As a NZ citizen, you can move to Australia and are granted a Special Category Visa (SCV) which is a temporary visa. Have you applied for permanent residency? You don't say clearly that you're an Australian permanent resident. You need PR status to sponsor someone for an Australian visa.


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## Adventuress (Jan 8, 2012)

ndalian said:


> I don't mind to wait, as long as we are togeather AND in a country where I can work and support us it doesn metter.
> So if after 4 - 5 months time we still waiting to get PMV, I should get my Russian passport and we'll come back to Russia for a while then go back to Australia or apply for another Visa.


Hi ndalian,

Everyone has given you great advice here. I just wanted to add something you may not be aware of about your Russian citizenship and your Russian passport:

As you already realise, it would be illegal for you, as a Russian citizen, to enter Russia on a passport that it is not Russian. But also be very careful, once the government finally verifies your Russian citizenship and grants your Russian passport, about going back to Russia even on your Russian passport. There is a danger of a different kind. Since you were very young when you left, and male, it is possible that when you come back they will arrest you for not completing your mandatory military service, and force you to stay in the country to do so. It doesn't always happen and I think they are more lenient on long-term permanent residents of other countries, but this is always a risk that you run. Please keep this in mind and be careful.


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## frombelarus (Sep 14, 2013)

Hi ndalian
please have a look at other posts of mine. my fiancée is from Belarus and there is a whole lot of issues with partner visa either as prospective marriage visa (PMV subclass 300) or spouse visa.
Since she is in Russia, any tourist visa is very very likely to come with condition 8503. which means while she is in Australia, she cannot apply for any other visa. 
There is nothing wrong in applying for tourist visa for 6 months and stating that she is visiting you and you two go together way back. Only thing is that the visa officer should be convinced that she will certainly go back after her time with you. Tourist visa can be applied online in minutes (provided you have all the certified copies scanned ready). Online visas are supposed to be processed in Australia (Hobart). But my fiancée got a call from Moscow after applying and was interviewed for about an hour on various aspects of the visa (we weren't engaged then). She too has a good travel history and I have described the situation elsewhere in this forum. 
We are going back to Belarus and applying for PMV then comeing back to Australia and wait for the processing (since she already has the tourist visa). You can do that in Thailand as well (PMV can be applied anywhere except Australia) but has to be mailed to Moscow unless she has residency in the country (Thailand in your case).
Applying for PMV and then applying for tourist visa is another option and many have done that successfully. You can also register your relationship in NSW while she is here in Australia. That gives another evidence of your genuine relationship. (but not enough)
*IF* you are lucky and she gets a tourist visa without further stay condition (condition 8503) then she can come to Australia and you can apply for partner visa (not PMV) and she will get bridging visa, and can wait in Australia while the application is processed. But Partner visas(other than PMV) has a bigger burden of proof on the applicant. Which translates to more paperwork and evidence.
I can share my experience as we go through ours since Belarussian and Russians apply for visa to the same office in Moscow. good luck


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## frombelarus (Sep 14, 2013)

Adventuress said:


> Hi ndalian,
> 
> Everyone has given you great advice here. I just wanted to add something you may not be aware of about your Russian citizenship and your Russian passport:
> 
> As you already realise, it would be illegal for you, as a Russian citizen, to enter Russia on a passport that it is not Russian. But also be very careful, once the government finally verifies your Russian citizenship and grants your Russian passport, about going back to Russia even on your Russian passport. There is a danger of a different kind. Since you were very young when you left, and male, it is possible that when you come back they will arrest you for not completing your mandatory military service, and force you to stay in the country to do so. It doesn't always happen and I think they are more lenient on long-term permanent residents of other countries, but this is always a risk that you run. Please keep this in mind and be careful.


I won't be surprised if that happens. Better play it safe Ndalian


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## ndalian (Oct 14, 2013)

frombelarus said:


> I won't be surprised if that happens. Better play it safe Ndalian


It's Ok I'm 28. It doesn't apply to me anymore.


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## ndalian (Oct 14, 2013)

Besides, I can always find shelter in NZ embassy. I'm practically an Ozzy.


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## goldfish (Oct 5, 2013)

Bravo mate , you would like to have your cake and eat it too , any kids left in NZ with your NZ wife ?


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## ndalian (Oct 14, 2013)

Yes Actually. Why?


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## goldfish (Oct 5, 2013)

They will locate you and you would be up for Child Support if you are not paying it.


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## ndalian (Oct 14, 2013)

goldfish said:


> They will will locate you and you would be up for Child Support if you are not paying it.


I am Paying it! And INtend to pay it all my life.For god sakes he is my son! How can someone not care about their kids??????


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## goldfish (Oct 5, 2013)

Good on you mate , there are some people not as responsible as you are. 
Simply when you apply for immigration visas , a lot of cross referencing takes place.


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## ndalian (Oct 14, 2013)

frombelarus said:


> Hi ndalian
> please have a look at other posts of mine. my fiancée is from Belarus and there is a whole lot of issues with partner visa either as prospective marriage visa (PMV subclass 300) or spouse visa.
> Since she is in Russia, any tourist visa is very very likely to come with condition 8503. which means while she is in Australia, she cannot apply for any other visa.
> There is nothing wrong in applying for tourist visa for 6 months and stating that she is visiting you and you two go together way back. Only thing is that the visa officer should be convinced that she will certainly go back after her time with you. Tourist visa can be applied online in minutes (provided you have all the certified copies scanned ready). Online visas are supposed to be processed in Australia (Hobart). But my fiancée got a call from Moscow after applying and was interviewed for about an hour on various aspects of the visa (we weren't engaged then). She too has a good travel history and I have described the situation elsewhere in this forum.
> ...


Thank you so much!
I have made a visa for her before. And she came to stay to Sydney for a few weeks. I understand, that if going go with 300 PMV, than She would apply for it from Russian and in a months apply for another visa (Tourist visitor Visa) I'm assuming thats' legal, so While we waiting on her 300 Visa she will be in Australia, then she briefly can return to Russia take the grant.


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## ndalian (Oct 14, 2013)

goldfish said:


> Good on you mate , there are some people not as responsible as you are.
> Simply when you apply for immigration visas , a lot of cross referencing takes place.


Well not me! I'm on good terms with my ex. And my girlfriend is happy that I have a kid.


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## goldfish (Oct 5, 2013)

"While we waiting on her 300 Visa she will be in Australia, then she briefly can return to Russia take the grant."

I hope you are correct and it would not take too long , we are already at 15 month with no visa.


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## ndalian (Oct 14, 2013)

goldfish said:


> "While we waiting on her 300 Visa she will be in Australia, then she briefly can return to Russia take the grant."
> 
> I hope you are correct and it would not take too long , we are already at 15 month with no visa.


Where are you from?


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## goldfish (Oct 5, 2013)

I am from Melbourne .


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## ndalian (Oct 14, 2013)

goldfish said:


> I am from Melbourne .


What about your spouse?


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## CollegeGirl (Nov 10, 2012)

ndalian - Adventuress (as usual) brings up a really good point - you are, in fact, an Australian Permanent Resident, right? And you've been living in Australia for at least two years?


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## ndalian (Oct 14, 2013)

maggie-may24 said:


> As a NZ citizen, you can move to Australia and are granted a Special Category Visa (SCV) which is a temporary visa. Have you applied for permanent residency? You don't say clearly that you're an Australian permanent resident. You need PR status to sponsor someone for an Australian visa.


Turns Out it is true!
I can not apply for VMP after all ((((

Well I decided to make a Visitor visa like I did last time, but this time for longer. As long as we can take (Possibly 6 - 9month time) or maybe 4 month and then another 3 - 4 month time or something like that, so I can make AU residency here, then apply for another Marriage VISA, not PMV, but the one On shore, by that time there would be enough evidence for that one. Hopefully! Also a good idea for me would be to get an immigration agent, so I get everything right.

Can anyone suggest if this is a goo path... Taking on a Visitor Visa for my GF then applying for my residency and then extending the Visa and then when I get Residency applying for a Marriage visa?


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## tulauras (Sep 1, 2013)

Are you sure that you'll get Australian residency in 9 months?


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## CollegeGirl (Nov 10, 2012)

I think a MARA-registered migration agent is a good idea. "Eligible New Zealand Citizens" can sponsor for partner visas, but from reading the definition of that term in the Partner Migration Booklet it doesn't look like you'd fall under that category. There are all sorts of special rules regarding New Zealand citizens though - I think it definitely is probably in your best interest to talk to an agent. Mark Northam on this forum is particularly good.


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## CollegeGirl (Nov 10, 2012)

Also, visas for New Zealanders are far and away not my area of expertise, but from what I just looked up it looks like you just don't automatically get PR - but you have to qualify for it like any other person from any other country. In other words, you'd need to have a skill or something that could get you permanent residency. I hope I'm wrong! Like I said, you need an agent. If I'm right about that you may not qualify to sponsor at all if there's nothing that would qualify you for PR.


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## tulauras (Sep 1, 2013)

I guess the other thing you could look into is whether a NZ partner visa would get you what you're looking for? Totally not our area of expertise, but you could look at whether you need to be living in NZ, and whether she would get the same rights as New Zealanders to come to Australia.


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## Maggie-May24 (Jul 24, 2011)

If you look at subclass 461, that may be an option if she meets the definition of partner. I don't have any experience with that visa so there may be aspects that you or your girlfriend don't qualify for, but it may be your best option. It's only a temporary visa although it appears it can be renewed. But it would mean she doesn't have PR status which may cause other issues.


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## CollegeGirl (Nov 10, 2012)

You know what, Maggie May, I think you found it! I think that's exactly the visa they need!


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