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  • Spouse vs Fiancee onshore vs Offshore


    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


    --
    Posted via http://britishexpats.com

  • #2
    Spouse vs Fiancee onshore vs Offshore


    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

    Comment


    • #3
      Spouse vs Fiancee onshore vs Offshore

      >On Thu, 04 Sep 2003 15:17:37 +0000, VFR400 <[email protected]> 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

      Comment

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