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rileyharris

Partner Visa Vs Prospective Marriage Visa

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Hello everyone.

My czech fiance and I are both in czech republic currently (I am australian, and go home in september) and wish to apply for either a partner visa or prospective marriage visa as soon as possible. The one year waiting period is a bit daunting, and we are considering the possibility of her coming to visit me on a tourist visa early next year, waiting till the end of the tourist visa, getting married and then straight away applying for the partner visa (hearby getting a bridging visa, allowing us to be together and she potentially being allowed to work).

Seeing as on a tourist visa, the conditions are not intended she stay in the country, is this a wise choice?

Or should we get married in czech before I go home, then do the same thing applying for the partner visa onshore on the tourist visa?

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ok.. i will play the bad guy here.. you will take a big risk doing what you just said. i assume she is from a high risk country being eastern europe so your visa will be scrutinised closely... then the purpose of a tourist visa is to be a tourist so if you "suddenly " marry and lodge a partner visa.. yes you will get a bridging visa.. and yes she can work.. but you now risk possibly having the visa denied as immigration (they are not stupid) will more than likely ask you to prove your relationship more than normal.

 

oh and you are assuming a tourist visa will be granted.. most likely yes but.. of course you can just say she is a friend and how you met.. but then if you apply the partner visa at the end of the tourist visa... well red flags will go up.

 

as for marry over there.. yes you can then when you return here apply the partner visa and while that is waiting get her a tourist visa. more logical.. i just feel immi wont like the first way..

 

or you can go the fiance visa.. it will take longer (sometimes) but then your partner 820 can also take a long time.. depending how immigration view your intent.

 

 

again not saying yes or no.. but pointing out it is not so easy as some people might lead you to beleive and if a visa is rejected whether tourist or partner then you have real problems in the future.

 

as i said dont know your relationship situation and time actually spent together (not on internet etc).. it boils down to how much risk you are willing to accept.

 

 

anyway.. what ever you do good luck..

 

(note.. my opinions are based on experience with chinese friends and my own wife all from a high risk country)

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Hello everyone.

My czech fiance and I are both in czech republic currently (I am australian, and go home in september) and wish to apply for either a partner visa or prospective marriage visa as soon as possible. The one year waiting period is a bit daunting, and we are considering the possibility of her coming to visit me on a tourist visa early next year, waiting till the end of the tourist visa, getting married and then straight away applying for the partner visa (hearby getting a bridging visa, allowing us to be together and she potentially being allowed to work).

Seeing as on a tourist visa, the conditions are not intended she stay in the country, is this a wise choice?

Or should we get married in czech before I go home, then do the same thing applying for the partner visa onshore on the tourist visa?

 

As she is from a high risk country (a high risk country is any country that is not eligible for an ETA visa) she will have to apply for a subclass 600 visitor visa. The chance of her visitor visa having Condition 8503 attached are extremely high.

 

What is Condition 8503 (No Further Stay)

 

Condition 8503, often referred to as the "no further stay condition" mean that whilst in Australia the visa holder cannot apply for any other visa. in order to apply for another visa they must depart Australia and apply outside of Australia. It effectively prevents the visa holder from changing their visa status in Australia.

 

Based on what you have posted, I think at this stage you should be looking at a prospective marriage visa. Note: This is an offshore visa with no onshore equivalent. To apply for this visa, the applicant must be outside of Australia at time of visa application and time of decision.


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Is it true its around about a 1 year wait after application to get the prospective marriage/partner visa? Also I know the partner visa requires a huge amount of effort and paperwork to get through, can the same be said for the prospective marriage visa?

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actually both have the similar paperwork... the fiance visa is a 3 part visa.. 300-820-801 the partner visa is 2 part 820-801

 

but you seem to be a little worried about paperwork.. it is not so bad because it is set down what you need to do. the main thing is to be able to satisfy immigration it is a genuine relationship. the fiance visa can take many months to aprove but then the 820 can come fast and you need to wait about 2years for the 801 pr visa.

 

but should you suddenly marry on your tourist visa i cant see how it will be faster. especially as advised she probably will not be able to stay anyway... so to prove you are living as husband and wife will be difficult.

 

you need to first sit down and understand the rules that apply to your case.. make sure you qualify.. prepare the documents..and wait

 

having done the fiance visa i think that is your best way... from my experience worrying so much about how long each visa will take is not the main concern.. what immigration think about your application is all that matters.

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From my experience paperwork really wasn't that bad. The application form makes its pretty clear what is required. And if there is something that you have missed the case officer will notify you when the application is reviewed 5 months or so after lodging. The big issue is the rapidly increasing filing fee. 100% increase in just over 6 months..... Now $6,900.

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Yes, that is a huge worry. We were strugglng to figure out how to pay for it before the price increase. It has increased twice, and they've got away withit with minimal public opposition so they might do it again. Better get the application in soon I guess. A few angry letters to government officials might also be sent...

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I just got back from Africa (Cameroon) after a 4 week stay, it would have been longer if I wasn't restricted by the DSP. I proposed to the girl I have known since Jan 2014. She accepted thank God but now we face the challenge of trying too live together in the same Country. I wasn't expect the price of the visa too have doubled in price, I left Australia on the 28th of June and knew what it cost and was very shocked when I checked when I got back too Australia. Its not fair how the Government can do this because of the budget cut backs. 

          My Question is.. Is it possible to sponsor my Fiancée for a Partner (300) visa on the DSP..?  and would it affect the outcome of the decision if we apply..?

 DSP is the Disability Support Pension  

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