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  2. AFV

    From who's perspective - 47SP n 40SP

    @ispy8338 as the issue of relationship statements comes up regularly on the forum. You have prompted me to do a detailed post on the topic. See: Handy tips for applicants and sponsors writing their personal relationship statement
  3. LL0802

    Prospective Marriage Visa Fees

    Much appreciated for your quick response! On another topic, I used to be be able to see the thread of my post or your reply via pc, but can't see it anymore... can only read new messages from my phone. Please advise how the issue can be rectified? Thanks
  4. As part of an Australian partner visa application, both the sponsor and applicant will be required to write their own personal relationship statements which will be included with the partner visa application. This is a very important part of the partner visa process as it will allow the sponsor and applicant to detail to the decision maker all of the circumstances of their relationship. Whilst there is no set length to how long or short a personal relationship should be, generally 4 to 5 pages is considered adequate enough. If a statement is written in a language other than English, then it must also be submitted with an English translation. A personal relationship statement can be hand written or typed, but must be signed and dated. There is no requirement that a personal relationship statement be in statutory declaration format. Supporting witness statements are however done in statutory declaration format using the Form 888. The applicant and sponsors personal relationship statements will help to evidence that the relationship is one that is both genuine and continuing as required by the Migration Regulations. This is the opportunity for the sponsor and applicant to outline their relationship in their own words. Handy tips for applicants and sponsors writing their personal relationship statement Explain how and when you and your partner met, including the exact date your relationship commenced. Let the case officer know how your relationship developed over time. Did you start off firstly as friends? How long did you know each other before you committed to a relationship? Make this part as detailed as possible. It is not expected that you will be a perfect speller, but do your best to ensure that your spelling and grammar is correct . Ensure that place names, your partner’s name and family members names are spelt correctly. Attention to detail is very important when writing your personal relationship statements. Have you and your partner been separated for any periods of time during the period of relationship? If so, not only explain the reasons for the periods of separation, but how you kept in contact and how frequently during this time. Did you keep in contact through phone calls, text messages, instant messaging apps or emails etc? You should explain how your relationship developed and became more serious over time. Have any significant events occurred? For example pregnancy or the birth of a child. Perhaps your partner helped you through a difficult time or did something to really demonstrate a commitment to each other. Provide details of the development of your relationship and let the case officer know when your partner was first introduced to friends and family. It is important to note, how family members, friend and acquaintances view your relationship is also taken into consideration. Being jointly invited to events shows that your relationship is recognised by your family and friends. Any invitations you have, perhaps to a wedding or a birthday party, be sure to save these for the application. Anything you have with both your names on it is very important. It is very important that you use your personal relationship statement to demonstrate the nature of your household. For example, who does the cooking and cleaning? Perhaps you equally share these household chores. Do you do the grocery shopping together? Your personal relationship statements should also explain how you share your finances and meet your expenses as a couple. Explain how you deal with financial commitments such as rent or mortgage payments, credit cards, car loans or food shopping. Do you share a joint bank account? Are your salaries paid into the same account? How do you pay utility bills? Have you prepared a joint will or named your partner as your superannuation beneficiary? Have you purchased joint insurance policies? Sharing financial commitments is a major part of proving that you’re in a genuine relationship, so this part should be fairly comprehensive. Not only do you need to show that your relationship is genuine, you also need to show that it is ongoing and continuing. Your plans for your future together are very important. Use the personal relationship statement to detail any future plans. For example, perhaps you have a holiday coming up, or you are going to purchase some property or a car for example. You should also explain what your plans are in terms of having children or perhaps getting married if you aren’t already. You need to evidence the length of your relationship, so ensure that your personal relationship statement has accurate dates. Remind the decision maker about the length of time you’ve been together and make sure you mention important dates such as when you began living together on a full time basis. When preparing your personal relationship statement, it may be helpful to do a draft first. Work off a timeline of events. In fact use whatever method helps. Remember, it is your own personal relationship statement. It is also very important that the applicant and sponsors statements do not contain any contradictory information. Always check your names, dates and places.
  5. AFV

    Prospective Marriage Visa Fees

    The criteria for the grant of a tourist visa and a prospective marriage visa are very different. Unfortunately there are many people who apply for apply for a tourist visa during the processing of a partner visa, whether it be marriage, de facto, prospective marriage, and have been refused a tourist visa, for simply not meeting the requirements for the grant of a tourist visa. Please be assured however that a refusal (in the absence of providing any false information of course) will not impact on the prospective marriage visa application.
  6. LL0802

    Prospective Marriage Visa Fees

    Thanks. I would like to apply for a tourist/visitor visa while waiting for the PMV decision so that my partner can visit Australia to view wedding venue etc. He'll be here for 4 weeks max so will definitely leave Australia prior to the pmv outcome. But my concern is that if the visa is rejected then it may have a detrimental impact on the PMV application. Do you know or heard of such cases?
  7. AFV

    Prospective Marriage Visa Fees

    Entirely at the discretion of the case officer.
  8. LL0802

    Prospective Marriage Visa Fees

    If the PMV application goes well, will the applicant and sponsor be required to attend interviews prior to the visa being granted? Just want to be prepared if that's the case.
  9. Depending on what country she is in, a lot of countries accept 'abandonment' as a path for just one person to file for divorce, when the other is absent.
  10. Unfortunately I cannot offer any solution to this other than the need for your partner to be legally divorced. Without that, she will simply not meet the criteria for the grant of the prospective marriage visa.
  11. Indeed, What is ideal is: Letter of employment confirming: position, length of employment and current salary. Letter must include full contacts details (address and telephone) of employer. Salary statements Bank statement that corroborates the applicants stated income.
  12. She doesn't know where he is, and she cant go to the court without first finding him.
  13. The problem is that the "not be married to anyone when a decision is made" is a time of decision criteria. Even with the lengthy processing time frames for the prospective marriage visa, it is always advisable to see at time of application whether there is going to be any forseeable problems with obtaining a divorce. If there are, then I highly recommend applying after the divorce has been finalised. A lot of time and money is spent on a prospective marriage visa application. To have it refused for not satisfying this criteria would be a big disappointment.
  14. From the requirements You must be the prospective spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen You and your prospective spouse must: know and have met each other in person since both turning 18 not be related intend to marry within nine months of the visa being granted intend to live as spouses after you are married. not be married to anyone when a decision is made on your visa application.
  15. You beat me to it Aussie_83. @g_ball57 You partner must be divorced from her husband. It sounds like her application is decision ready. It is a requirement at time of decision for a prospective marriage visa that there is no impediment to the marriage in Australian law. If she is still legally married, then she will not satisfy the time of decision criteria and the application will be refused.
  16. From what you have put there isn't anything you can do. the whole point of the pmv is to get married. If your partner is still married then there is no way they can meet that requirement.
  17. have big problem and need urgent advices. my fiance applyed the fiance visa last year. we given them absolutly everything but they want proof she is not married anymore. she is seperated from her previous husband, but cant get divorce from him. The immigration department have told her she need to provide proof now as they are ready to make decision. she spoke to the case manager who told her that if she cant give them proof then she will have her visa application refused. can they do this what can we do.
  18. NO the provision in the Migration Regulations (2.08E(2)) on provides for a prospective marriage visa to be treated as a valid partner visa, if the applicant and sponsor marry legally marry after the application is made, but before a decision is made. Applicants for the de facto partner visa should ensure that they meet the time of application criteria.
  19. How about people that might not yet meet the de facto criteria. Is this something they can do? Apply for the prospective marriage visa and then have it converted. We are soon to apply for the partner visa based on our de facto relationship. We aren't worried that we won't meet the criteria though. We have been together for over 5 years now. Have a son who is an Australian citizen, and another one on the way. The biggest issue for us is the cost and the waiting time.
  20. Not only is it permissible by virtue of regulation 2.08E(2) of the Migration regulations, it is a very popular pathway for people to migrate to Australia for the following reasons. The partner visa requires certain criteria that must be met at time of application. Although a prospective marriage visa also does, the criteria is simply that the applicant and sponsor have met in person, are personally known to each other and have a genuine intention to marry in the future. I would say that this is criteria that is quite easy to satisfy. What applicants sometimes do, is use the prospective marriage visa as a vehicle to get into the system now. Keeping in mind that the processing periods for the prospective marriage and partner visas are very lengthy. The best way to describe this is by an example: Example A and B do NOT meet the criteria for a partner visa, as they are not legally married or in a de facto relationship. They will however be getting married in around 6 months time. At this stage they have two options: Wait until they are legally married, then apply for the partner visa based on marriage. Apply for the prospective marriage visa now. In applying for the prospective marriage visa now, and then notifying the Department of Home Affairs of their subsequent marriage, they have started the processing 6 months earlier than if they waited until they were legally married.
  21. Welcome to the Australian Visa Forum, IF you and your partner legally marry AFTER the prospective marriage visa is submitted, but BEFORE a decision is made on the visa application, then the applicant (your partner) is taken to have made a Partner (Migrant) (Class BC) visa and a Partner (Provisional) (Class UF) visa application on the day Immigration receives notice of the marriage. Note: the class BC & UF are the offshore subclass 309 & 100. Put simply your partner would have been taken to have applied for the offshore partner visa, and must therefore be outside of Australia at time of decision. He must continue to fully comply with all of the conditions of his current tourist visa. See also: Marrying before a decision is made on the Prospective Marriage visa application
  22. AussieDude

    Establishing DeFacto Relationship for Australian Visa

    AFV brilliantly describes the conditions and requirements that are used to determine the genuine nature of a De Facto relationship. Its a fine line between B/F and G/F and De Facto, but an important one. A point often overlooked and sometimes hard to prove is the actual date the relationship started. You really need documented proof of the start date, as it all hinges on that. Good examples would be a moving in together, a holiday together, all which can be easily proven through independant documents. I. Harder, but not unacceptable are logs of emails, skype logs, your first meeting etc. Usually its expected that some time has passed before the De Facto started, when you were just B/F & G/F. Ive always said, genuine relationships are usually easy to prove. Fake/Constructed De Facto relationships are one of the biggest areas of Visa fraud for Immi, so they really do put the relationship to the test.
  23. My partner applied for the prospective marriage visa in July this year. Immediately after he also applied for tourist visa, and was given a 1 year multiple entry with a maximum stay of 3 months on each visit. We were very surprised as he only asked for a single entry visa. His tourist visa also does not have the dreaded condition 8503 on it. We are wondering if he had applied for the tourist visa firstly, whether we would have got the same result. This perhaps would have changed our plans with regards to the partner visa. So now my partner has a 1 year visa, and what we want to know, is that if we marry in Australia now, then I have been told that his visa will be changed to a partner visa. Does this mean then that he will not have to leave Australia. Also, does the fact that his current tourist visa does not have condition 8503 on it make any difference to this.
  24. AFV

    Prospective Marriage Visa Fees

    Feel free to contact us through our website: Australian Family Visas
  25. privatepilot

    Another Thai girlfriend 600 class rejected

    Just read your post. Don't give up. Apply again. My Thai girlfriend was refused a tourist visa back in 2013. My original post on the matter is here: Refused Tourist Visa. At the time we were devastated. Actually, it was my girlfriend who was devastated, I was more livid. We put it down to not knowing each other long enough. It probably didn't help that she had worked in a bar in Pattaya. Anyway, to cut a long story short, we did end of applying again and she was successful and got a tourist visa. Since 2013 she has to Australia now a total of 8 times. We have a 2 year old son and another due in 6 months. She also has a child from a previous relationship. Our relationship is rock solid and we are looking at doing the partner visa now, mainly because I want our children to have a good education in Australia. If we had given up at the first tourist visa refusal, we wouldn't be here today.
  26. IMHO the partner visa application isn't really helpful with regards to what they mean by the nature of commitment. That is indeed very subjective too. What one person take to mean nature of commitment, someone else might think something entirely different. This is why I always like to go the source, being the Migration Regulations. This is a great tool to use to aid your responses to those questions asked. For example Regulation 1.15A of the Migration Regulations provides for the following, and including all of the circumstances of the relationship to be considered, in assessing a spousal relationship: the financial aspects of the relationship, including: any joint ownership of real estate or other major assets; and any joint liabilities; and the extent of any pooling of financial resources, especially in relation to major financial commitments; and whether one person in the relationship owes any legal obligation in respect of the other; and the basis of any sharing of day-to-day household expenses; and the nature of the household, including: any joint responsibility for the care and support of children; and the living arrangements of the persons; and any sharing of the responsibility for housework; and the social aspects of the relationship, including: whether the persons represent themselves to other people as being married to each other; and the opinion of the persons' friends and acquaintances about the nature of the relationship; and any basis on which the persons plan and undertake joint social activities; and the nature of the persons' commitment to each other, including: the duration of the relationship; and the length of time during which the persons have lived together; and the degree of companionship and emotional support that the persons draw from each other; and whether the persons see the relationship as a long-term one.
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