prospective and partner visa

[Muhammad]

Hi guys

 

My name is Muhammad, i am from Dundee South Africa. My future and I are planning on settling down at the end of this year, she is an Australian citizen and I am South African. I am doing research about the visas and migration agents. I am torn between a prospective and partner visa, as i do not know which one would be suitable. We want to be together as soon as possible and i do understand that there is a 3-6 month processing period. Initially we wanted to get married in South Africa, but can also in Australia. we have met in January 2016 and are engaged. Which visa will be the best for our situation?...also with regards to a prospective marriage visa, the initial application fee is $6865, but once you get married and apply for the temporary partner visa in Australia, is there an extra fee for that application?..lastly which migration agent would be highly recommended?

 

Thank You  

[AFreshStart]

Muhammad,

 

There is a requirement of a ONE YEAR relationship requirement for the Defacto Visa.

 

You met you partner in January of this year, so you've only been together 2-months, so...

 

Put yourself in the position of your case worker. Their job is to test the validity of your relationship, and they are particularity hard on Defacto and Spousal Visa applicants. They require proof, things like joint bank accounts, shared bills like rates, joint travel, common friend, you will need to build a VERY STRONG case.

 

The VISA is a 2 part process, you pay for the VISA upfront, if approved you will be considered a "temporary resident" for 2-years, you will be able to work but not have access to certain state benefits like unemployment. After 2-years, if they deem your relationship is still genuine and on going you will be granted 100 PR status.

 

If you split up in those 2-years, you will be sent packing, unless you can find an employer to take you on, but you won't be able to stay on your relationship alone.

 

Hope that helps

 

Cheers

 

Matt

[Muhammad]

@AFreshStart

Hi matt

 

Thank You for your reply. I'm sorry, i missed out a vital piece of information on our relationship. We initially met, or were introduced in December 2014 and we have been in communication since then, we met again this year January 2016 as we haven't been able to spend time when we first met in 2014. This is the reason i require a little bit more information about a prospective and partner visa

 

Thanks

 

Muhammad 

[AFreshStart]

@Muhammad

 

Sadly, it doesn't factor into the equation. The link I gave above covers it, in order to be considered in a de facto partnership the following needs to be presented.

 

---------

The couple must demonstrate that they have been in a de facto relationship for at least 12 months before the visa application is made. For migration purposes, a person is in a de facto relationship with another person if they:

• are not married to each other
• have a mutual commitment to a shared life to the exclusion of all others
• are in a genuine and continuing relationship
• live together or do not live separately and apart on a permanent basis
• are not related by family.

---------

 

You aren't married and are not living together, and since you have shared you have only NOW been able to see each other again would be considered as being apart on a permanent basis.

 

There is a similar question in their Q&A:

 

--------

My partner and I met over the internet and we established a close relationship before we had physically met. Can the time since we began our relationship before meeting be considered as part of the relationship requirement period?

No. In order to be in a de facto relationship, you must be able to demonstrate that you have met and have lived together, even if you later lived apart temporarily. The one year relationship requirement will only commence once you have established a de facto relationship.

--------

 

They can't stop you from applying and will happily take your money, but they will probably deny your application, there are no refunds...

 

Cheers

 

Matt

[Muhammad]

@AFreshStart

Hi Matt

 

Thank You for your reply. i might be guilty again of the short supply of information. when i mean settle down in my first post, i meant get married. will that still be irrelevant? 

 

Thanks 

 

Muhammad

[RedPanda]

It sounds like your safest option is to get married, live together for a year, and then apply. I don't know what other circumstances you have that factor into this, but in all likelihood you will have to spend a year together, regardless of where or how you manage that. Otherwise you might have to get a visa on your own merits and then join her in Australia, in which case there wouldn't be any stress on the relationship.

In terms of agents, we have @SD_MOA and @TeeTMI on this forum, both of whom supply information (often for free), and can provide full migration services (paid).

The Aussies make it difficult to get in, based on new relationships, for the same reason that other countries do too: They want to ensure that it is about the relationship and not the visa.