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callistemon

General Advice: Tourist Visas While Moving To Pmv

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Hi all, great resource you have all built up here. I'm after a general idea of how feasible my girlfriend's and my plan sounds, and any ideas you may think could help us.

 

She is an Indian national, living and working in Malaysia. We met in Malaysia 18 months ago while I traveled throughout SEA. I've now returned to Australia for work and we aren't ready to let things go so easily.

 

She has been working in Malaysia for two years and is about to sign a new contract for another two years. So the plan is for her to get a 12 month tourist visa and visit me here in her holidays (she is a school teacher, so lots of holidays), then in a year we lodge a PMV, and another 12 months tourist visa for visits during the processing period. She would then arrive here on a PMV in 24 months and we would be married sometime after that.

 

Is that reasonable? Tourist visa, tourist visa, PMV?

 

Are there any hurdles we are likely to come up against applying for two 12 month tourist visas? Are we better off making an application for a shorter visa the first time around? I'll be writing her letter of invitation, she has money for her first visit of two weeks but not enough for subsequent visits, she would return to her job like a normal person and save up for each visit as they happen. Would that pose problems? I have heard that for approval you need to show funds for your entire trip.

 

If there are any other snags you can see we'd really appreciate your advice. Cheers 

 

EDIT: Also, how do you satisfy that you are only visiting if the intention is clearly to move toward a PMV and eventually stay? It seems like a Catch-22 to me. Is the Department understanding of this? 

Edited by callistemon

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Its a common question.

 

This could play out many ways.  But its unlikely for a first time applicant from a High Risk country to get a 12 month visa.  Whatever the visa, its likely ti have a Condition 8503 No further stay.

 

Considering that your plans are long term, Id suggest you get the PMV application in now (offshore) and that will make a series of VV's while it processes more achievable.  If your plan is eventually a pMV then get onto a PMV.  DIBP take a dim view to people using serial VV's in place of a VV.  2 x 12 months is unlikely to fly.  2 x 3 months while a PMV is in being processed is much more likely to succeed

 

A short first time visa is always a better strategy.  Prove your character to DIBP.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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Thanks for the reply.

 

We are hesitant to move on the PMV at this stage because she has 24 months remaining on her contract in Malaysia. We feel that also makes a good case for her intention to return to her home country (letter from employer, car, house lease, and so on as well).

 

But am I correct in assuming that if we do apply for a PMV now, we should be ok with getting VVs for the processing time?

And after a PMV is approved, we can get married here in Australia and she can return to Malaysia to finish her contract? We wouldn't have to worry about any other VVs after that?

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YEs. correct.

 

Get a PMV in now, they are taking 16 months in some cases to approve.  

 

There is a requirement that once a pMV is granted, the applicant immigrates and SETTLES into Australia, within a reasonable period, say 6-12 months.  Its also expected that once the applicant arrives, they spend the majority of their time in Australia. Immi will listen to special reasons for absence (family sick etc) but employment is not a valid reason.

 

Immi are thinking this, is this person a true immigrant, or just collecting residency visa's


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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