Hello



I recevied PR for myself early this year and have since met a UK citizen
whom I would like to get engaged to, marry, and take to Australia.



As I understand it, I need to validate my visa to first obtain PR
status.



My options are then presumably:



1) We get engaged and then my fiancee applies for the Offshore Fiancee
visa. Whilst I am resident in Aussie.

a) Am I allowed to return to the UK to visit her? Must I stay in
Australia? Will the fact I have been PR for only "weeks" go
against me?



2) My girlfriend comes to Australia and we apply for a Onshore Fiancee
visa. Not sure - for reasons given under 4)



3) Getting engaged, and married in the UK - then applying for a Spouse
visa. Presumably she must be outside Australia when the visa is
granted - not on a visit etc. We quite like the sound of this one.



4) Us both visiting, and then getting engaged, and, married in Australia
whilst she is visiting and applying for a onshore spouse visa then.

I am not sure whether this class exists. I am also unsure about this as
we dont what to be potentially acused of misleading immigration about
plans - "why are you visiting Australia?" when she then visits
Australia. Even with the

best intentions!! (Technically, there is nothing to stop a friend
visiting a boyfriend in Australia where they then decide to marry. It
happens! But we want to be above board on every point.)



Our options would be dictated by speed of processing/expediency.
Any ideas?



thanks in advance,



VFR


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Posted via http://britishexpats.com

When you apply for a fiance visa, the Australian partner (the sponsor)
has to show proof that they can support the other one financially, and
by providing somewhere for them to live in Australia. Whether they will
accept that you can support your partner without actually having a home
or a job in Oz I'm not sure, but I think there are people who have done
it.......hopefully one of them will read this now its back at the top?


--
Posted via http://britishexpats.com

>On Thu, 04 Sep 2003 15:17:37 +0000, VFR400 <member14811@britishexpats.com> wrote:HelloI recevied PR for myself early this year and have since met a UK citizenwhom I would like to get engaged to, marry, and take to Australia.As I understand it, I need to validate my visa to first obtain PRstatus.

Yes. You must validate your visa before you can even think about
changing your marital status. You do not acquire PR status until you
actually validate.

My options are then presumably:1) We get engaged and then my fiancee applies for the Offshore Fiancee visa. Whilst I am resident in Aussie. a) Am I allowed to return to the UK to visit her? Must I stay in Australia? Will the fact I have been PR for only "weeks" go against me?


Permanent residents must be 'usually resident' in Australia in order
to sponsor. Usual residence can be complex in individual cases but
generally turns on where you are settled.
2) My girlfriend comes to Australia and we apply for a Onshore Fiancee visa. Not sure - for reasons given under 4)

There's no such thing as an onshore fiancee visa - it only exists for
offshore applicants.
3) Getting engaged, and married in the UK - then applying for a Spouse visa. Presumably she must be outside Australia when the visa is granted - not on a visit etc. We quite like the sound of this one.

See above about the need to be 'usually resident' in Australia.
You should get some professional advice if you plan to sponsor before
setting up home in Australia.

If she applies for an offshore visa in the UK, she can come to visit
Australia on an ETA, although if the AHC London wanted to interview
her that might be awkward. She would have to be offshore at visa
grant, although this could be done in New Zealand.
4) Us both visiting, and then getting engaged, and, married in Australia whilst she is visiting and applying for a onshore spouse visa then.I am not sure whether this class exists. I am also unsure about this aswe dont what to be potentially acused of misleading immigration aboutplans - "why are you visiting Australia?" when she then visitsAustralia. Even with the best intentions!! (Technically, there is nothing to stop a friendvisiting a boyfriend in Australia where they then decide to marry. Ithappens! But we want to be above board on every point.)

There is an onshore spouse visa class for those who are legally
married or in a de-facto relationship for 12+ months.

ETAs and tourist visas are only for those who intend to visit
Australia, and if Immigration think she plans to apply for residence
onshore, they can refuse her entry.

On the other hand if she arrives for a holiday on an ETA, and
*subsequently* decides to apply for a spouse visa onshore, this can
usually be done. However, application must be made before the 3 month
stay on the ETA expires, and trying to get a new visa to extend
tourist status onshore is not a good idea as there would be a high
risk of a condition preventing any further onshore applications while
holding that visa.

When applying onshore there are also issues with being stuck on
tourist visa conditions and possibly a bridging visa until the spouse
visa is granted.

Our options would be dictated by speed of processing/expediency.Any ideas?

I would strongly consider hiring an agent to explain the options in
more detail.

Jeremy

This is not intended to be legal advice in any jurisdiction