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My partner and I have begun looking into the visa process so he can come to Australia, and it seems like the subclass 300 (prospective) visa is the way to go, as he is an offshore American citizen, and we have not married yet. 

 

I'm having some difficulties when it comes to providing sufficient evidence for the proof of relationship, mainly the area of 'shared assets, bills, etc.' - because we live in seperate countries, despite being together for almost two years now. We are thinking about opening a joint bank account in both names and each transfer funds for savings, and he has also placed my name on his will / I have placed his on my superannuation. Is this evidence enough? We cannot provide financial proof of other things because we have not lived together for an extended period of time. 

 

Along with this, I am confused with the section mentioning proof of prospective marriage. Wouldn't it be wiser to hold off booking a venue / official marriage celebrant / etc. Until the subclass 300 Prospective Visa is granted? Or will this hinder our visa process greatly? We also had no rings, gifts, parties or 'official' statements when we got engaged, is this fine also? Or is more proof needed for engagement? 

 

Thank you all, any advice would be greatly appreciated. 

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10 hours ago, Jackofall said:

Along with this, I am confused with the section mentioning proof of prospective marriage. Wouldn't it be wiser to hold off booking a venue / official marriage celebrant / etc. Until the subclass 300 Prospective Visa is granted? Or will this hinder our visa process greatly? We also had no rings, gifts, parties or 'official' statements when we got engaged, is this fine also? Or is more proof needed for engagement? 

The only real criteria you need to meet for a PMV 300 is

  1. You are both of age, and are free to marry each other
  2. You do get married within 9 months of the Visa Grant
  3. You complete/supply all the criteria requested in the application (see below)
  4. The IMMI wording is;
    1. You must enter Australia on the Prospective Marriage visa before the date specified on your grant letter.
    2. You must have married your prospective spouse before your Prospective Marriage visa expires.
    3. You can get married in Australia or any other country. Your marriage must be valid under Australian law.

Amongst other items, the application does require you to provide an Affidavit from a person known to you both,  that can declare that the relationship is genuine, and your making plans for marriage etc

All the facts and steps are here: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/prospective-marriage-300#HowTo

 

 


 

 

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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Hi AussieDude, 

 

Thank you for the response! The way you've worded it makes things a lot simpler since I tend to overcomplicate things haha. Another question (sorry), I was looking over the link you supplied which I was actually looking at last night, and one item in particular is a bit confusing - the Affidavit / Statutory Declaration you mentioned! I already know of two people who are able to fill this out, but I'm a little confused by the section mentioning you need a 'witness'? This just means I need someone 'official' to... sit and watch as this person fills out the form? Is that correct? I've looked into 'Justice of the Peace' people near me, so I don't think it should be too difficult, just a bit confused on the whole thing because I've never been through it (and didn't even know these people existed haha). 

 

Thank you so much! 

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Yes you are correct.

You need 2 people to complete the form 888 or a Statutory declaration covering the same as the form 888 if they aren't in Australia. 

The witness, needs to see the person sign the form/Statutory declaration, but they can fill out the rest before hand.

A witness to the signing can be (taken from the form 888)

In Australia, statutory declarations must be witnessed by a person prescribed by the Statutory Declarations Act 1959 and Statutory Declarations Regulations 1993. Any attachments to the
Declaration must be certified by a prescribed person.

Prescribed persons include those who are a:
• Justice of the Peace;
• medical practitioner;
• legal practitioner;
• civil marriage celebrant or registered minister of religion;
• dentist;
• nurse;
• optometrist;
• pharmacist;
• physiotherapist;
• full-time teacher;
• bank manager or bank officer with 5 or more continuous years
of service;
• postal manager or permanent employee of the Australian
Postal Commission with 5 or more continuous years of service;
• police officer; or
• public servant with 5 or more continuous years of service.
A full list of prescribed persons can be found on the
Attorney-General’s Department website.

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19 hours ago, Jackofall said:

Along with this, I am confused with the section mentioning proof of prospective marriage. Wouldn't it be wiser to hold off booking a venue / official marriage celebrant / etc. Until the subclass 300 Prospective Visa is granted? Or will this hinder our visa process greatly? We also had no rings, gifts, parties or 'official' statements when we got engaged, is this fine also? Or is more proof needed for engagement? 

The easiest way to meet this requirement is get a Notice of Intended Marriage (NOIM) from a celebrant.

Most should be able to issue this for you a fee.

 

 

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40 minutes ago, Nightcall said:

The easiest way to meet this requirement is get a Notice of Intended Marriage (NOIM) from a celebrant.

Most should be able to issue this for you a fee.

 

 

Hi Nightcall, 

 

Thank you for the information. One of the people who I'm going to get the declaration from is family, this is alright for the application? I don't want to be hindered or look 'suspicious' by this, if I should instead choose someone who is not immediate family. But I'm assuming it should be alright. 

 

In regards to your second post, I did actually read about the NOIM document. I can look into getting one of these from a celebrant, but what I'm mainly worried about is: I get the NOIM (which I'm assuming requires a 'set date' in which you propose to marry'), I submit it into the visa application for evidence, but... we're not sure how long it could actually take. And the application specifies the intent to marry 'within 9 months of the visa being granted'. But... we're not sure when that visa will actually be granted, so I don't know what date to set for the NOIM. This is all moot if the NOIM document can easily be called off, or a change of date can be made easily. I just don't want to have to book a venue / pay fees and everything if we're not even certain on when it could be! 😨

 

Thanks again for all the help. 

 

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Also, continuing on from the post I just made, the NOIM states that both parties need to sign a signature. We have no way of providing this anytime soon. Is it just alright to not provide any NOIM within the application? I know this is a large part of the evidence, but seems difficult given the previous points I've stated, and that we're mainly apart. 

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8 minutes ago, Jackofall said:

One of the people who I'm going to get the declaration from is family, this is alright for the application? I don't want to be hindered or look 'suspicious' by this

No not at all, it would be expected that a close family member would do one (if not more), if your family don't know or what to do one it looks far more suspect then if they do.

It would also be good to include some from a non family member for contrast.

11 minutes ago, Jackofall said:

I get the NOIM (which I'm assuming requires a 'set date' in which you propose to marry')

No a NOIM is like a cooling of period, 28 days if memory serves, that you can't get married until this time has past. It doesn't matter about the intended marriage date or even if the marriage goes ahead.

Don't book venues or anything, it's nothing more than official paperwork. 

Just to tease with @AussieDude in regards to another topic, my mother (a marriage celebrant) married my wife an I, and the witnesses was my best friend ( work colleague) and his wife, no other people present. 😋

13 minutes ago, Jackofall said:

I submit it into the visa application for evidence, but... we're not sure how long it could actually take. And the application specifies the intent to marry 'within 9 months of the visa being granted'. But... we're not sure when that visa will actually be granted,

The smart way is to lodge the PMV application, get married and notify immigration of said marriage and transfer to a partner visa, saves you about $1200 and gives you time to build the genuine relationship evidence etc. 

 

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23 minutes ago, Jackofall said:

Also, continuing on from the post I just made, I'm guessing it'd make more sense for me to first begin the visa application online, and when I hear back that the case is officially being processed... then I should apply for the NOIM? It's possible to add additional evidence to the visa application, instead of uploading everything at once?

I am personally against this, as it leaves you open to having the visa cancelled at anytime due to not submitting the required information. In practise yes you can do this, but you run the small risk of having the visa cancelled without notice. 

You don't require the NOIM, the requirement is you supply proof (such as a letter from the person who will officiate at the wedding) that you will marry your prospective spouse within 9 months of being granted the visa. 

If you feel you can meet this requirement without a NOIM, go ahead and apply 

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37 minutes ago, Jackofall said:

Also, continuing on from the post I just made, the NOIM states that both parties need to sign a signature. We have no way of providing this anytime soon. Is it just alright to not provide any NOIM within the application? I know this is a large part of the evidence, but seems difficult given the previous points I've stated, and that we're mainly apart. 

from the official Guidelines on the Marriage Act 1961 for authorised celebrants

https://www.ag.gov.au/Consultations/Documents/Guidelines-on-the-marriage-act-1961-for-authorised-celebrants/Highlighted-changes-to-the-guidelines-on-the-marriage-act-1961-for-authorised-celebrants.pdf

 4.4.2 How do the parties give the notice if they are overseas or interstate?

Where the parties will be overseas or interstate until a time that is less than one month before the marriage, they may send a copy of the NOIM and supporting documents to the celebrant by post, (scanned) email, or fax. It is not acceptable for a celebrant to accept a NOIM and/or supporting documents via videoconferencing services such as Skype. Actual documentation must be received by the celebrant. The celebrant should recommend that if the NOIM is to be posted it should be sent by some form of registered post.

It is recommended that couples send photocopies of their supporting documents with the NOIM when they post them from overseas or interstate. If there are any potential problems with, for example, divorce papers or death certificates the celebrant will be able to advise the couple of this before they arrive for the marriage.

The celebrant will need to obtain the original NOIM from the parties and sight the original supporting documents relating to evidence of date and place of birth, identity and evidence of the
end of a previous marriage (if relevant) prior to solemnising the marriage. This means the parties will need to bring these original documents with them when they meet the celebrant. 

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My goodness, Nightcall, I really do appreciate all the help with this topic as I am pretty clueless haha - but that's why I'm here! 🤣 Like you mentioned, I would really like to have all of this documentation ready to go straight away when applying (especially the proof of relationship evidence), instead of adding it bit by bit. 

 

50 minutes ago, Nightcall said:

No not at all, it would be expected that a close family member would do one (if not more), if your family don't know or what to do one it looks far more suspect then if they do.

It would also be good to include some from a non family member for contrast.

This is good to hear! I believe I read on the site, that there is a minimum of two required? So I was thinking a family member, and a close family friend. Hopefully they will not need more than these two declarations! 

 

51 minutes ago, Nightcall said:

The smart way is to lodge the PMV application, get married and notify immigration of said marriage and transfer to a partner visa, saves you about $1200 and gives you time to build the genuine relationship evidence etc. 

 

This is really helpful advice, we'd definitely want to be saving on as much as possible! 😮 How does this save the extra $1,200 if you don't mind me asking? I believe that I read once you've officially married after being granted the PMV 300, you then need to apply for a secondary visa... costing around $950 or something if I recall. But the thing is, is he even allowed to come over to Australia while the PMV begins processing? I thought I read that it wasn't allowed for the prospective partner to come into Australia until the visa is granted, so how would this work exactly? 

 

47 minutes ago, Nightcall said:

You don't require the NOIM, the requirement is you supply proof (such as a letter from the person who will officiate at the wedding) that you will marry your prospective spouse within 9 months of being granted the visa. 

If you feel you can meet this requirement without a NOIM, go ahead and apply 

When you mention a letter from the person who will 'officiate' at the wedding, does this mean the celebrant themselves... or witnesses such as family, friend? If it is a celebrant, I should just be able to contact a local one and speak with them about my circumstances, and request a letter for this? 

 

Many many thanks 😁

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44 minutes ago, Jackofall said:

This is good to hear! I believe I read on the site, that there is a minimum of two required? So I was thinking a family member, and a close family friend. Hopefully they will not need more than these two declarations! 

I would personally recommend doing 4, 2 family, 2 friends. Pick friends if possible with good professions/standing in the community.

44 minutes ago, Jackofall said:

How does this save the extra $1,200 if you don't mind me asking?

The PMV cost is currently $7,160, once you get this and apply for a permanent visa you will need to pay an additional $1,195  for the partner visa https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore

If you get married or register a defacto relationship before the PMV is granted (and inform immigration) you will transfer automatically to the partner visa and won't be required to pay the additional $1,195. Of course when you transfer you need to meet the requirements of the partner visa at the time of transferal.

44 minutes ago, Jackofall said:

But the thing is, is he even allowed to come over to Australia while the PMV begins processing? I thought I read that it wasn't allowed for the prospective partner to come into Australia until the visa is granted, so how would this work exactly? 

He (sorry for the formal title) after applying for the PMV should be able to easily get a tourist visa to visit until the PMV is decided, but must leave Australia when it time for the decision to be made. (there are some steps that need to be followed but the forum should be able to answer them for you)

But to save the $1195 you need to get married before the PMV is granted.

So jumping to all sorts of conclusions, Apply for the PMV, pay the $7,160, apply for a tourist visa straight after, get married, inform immigration and ask to to considered for a partner visa (best is you have know each other for 12 months), get transferred to a partner visa. 

And send me a bottle of whiskey for saving you $1195 and paying for immigration advice.🤣

44 minutes ago, Jackofall said:

When you mention a letter from the person who will 'officiate' at the wedding, does this mean the celebrant themselves... or witnesses such as family, friend? If it is a celebrant, I should just be able to contact a local one and speak with them about my circumstances, and request a letter for this? 

Yes best get a letter from a celebrate, but if you had engagement evidence (which you say you don't) you could submit this. 

The actual requirement is you supply proof that you will marry your prospective spouse within 9 months of being granted the visa. It's up to you how you meet this requirement, the NOIM or letter from the celebrate is the easiest, but if you're religious a priest/monk etc could supply a letter to meet the bold text 

 

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Just one point of clarification, once you change from the PMV 300 to the 309 then you are required to provide the level of proof required for the 309 which is more stringent than the 300.

Not saying it's a bag option you just need to be mindful.

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4 minutes ago, Aussie_83 said:

Just one point of clarification, once you change from the PMV 300 to the 309 then you are required to provide the level of proof required for the 309 which is more stringent than the 300.

Not saying it's a bag option you just need to be mindful.

Okay I'm going to stop myself from asking Nightcall more questions, I feel like he deserves a break ahah. If everything gets sorted out, I'd be happy to send your whiskey gift 🤣

 

It's really starting to make me think about what visa option we should actually be going for. Of course I want to do things properly and not jump through illegal hoops to get to where we wants to be. In our 'ideal' situation, he would want to be staying over here as soon as possible, even if that means on a temporary visa. He is also capable of packing up and coming over soon, and we could likely organise to marry while he's here on a visitation visa. 

 

What would the best visa be to choose if he wanted to -> arrive for the full time on a visitation visa -> get married whilst on that visitation visa -> stay here while the visa is processed, whilst being able to work? I guess I've been under the impression that, because of the limited allowed time for the visitation visa (3 months?), he would eventually need to leave and be unable to legally stay and work whilst visas are being processed, hence why I was looking into the 'offshore', subclass 300 visa instead. 

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2 minutes ago, Jackofall said:

Okay I'm going to stop myself from asking Nightcall more questions

Happy to answer questions.

3 minutes ago, Jackofall said:

What would the best visa be to choose if he wanted to -> arrive for the full time on a visitation visa -> get married whilst on that visitation visa -> stay here while the visa is processed,

What country passport does he hold? 

How long have you been together?, ie what you're relationship history etc.

 

 

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21 minutes ago, Aussie_83 said:

Just one point of clarification, once you change from the PMV 300 to the 309 then you are required to provide the level of proof required for the 309 which is more stringent than the 300.

 

44 minutes ago, Nightcall said:

Of course when you transfer you need to meet the requirements of the partner visa at the time of transferal.

OK, I will share the bottle of whiskey with you 😋

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2 minutes ago, Nightcall said:

What country passport does he hold? 

How long have you been together?, ie what you're relationship history etc.

He holds an American passport, we've been together now for 2 years - majorly spent apart, with him maintaining a steady job in America, and me continuing studies within Australia. This is the difficult part, because we can't really satisfy any of the 'living together' evidence, apart from names on wills / joint bank account. We have also visited each other twice before. 

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16 minutes ago, Jackofall said:

He holds an American passport, we've been together now for 2 years - majorly spent apart, with him maintaining a steady job in America, and me continuing studies within Australia. This is the difficult part, because we can't really satisfy any of the 'living together' evidence, apart from names on wills / joint bank account. We have also visited each other twice before. 

There is no living together requirement (defacto in terms of immigration doesn't mean living together), I'll let nightcall go into detail. How much time have you physically spent together?

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21 minutes ago, Jackofall said:

He holds an American passport, we've been together now for 2 years - majorly spent apart, with him maintaining a steady job in America, and me continuing studies within Australia. This is the difficult part, because we can't really satisfy any of the 'living together' evidence, apart from names on wills / joint bank account. We have also visited each other twice before

How long in total have you seen each other in person?

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1 minute ago, Jackofall said:

2 months and 2 weeks totalling over the two visits. 

OK then, you would have trouble meeting the partner visa requirements, based on time spent together. Not impossible but hard. 

Best option is the PMV or spend another 4+ months together in person.

Good news is you meet the requirements of the PMV, bad news is the processing time is 13+ months.

Options.

  1. Spend 4+ months together in the US (or somewhere else) and apply for the partner visa
  2. Partner comes to Australia on an ETA visa, spends 3 months here, registers the relationship  and at the end of the the 3 months applies for a partner visa.
  3. Partner comes to Australia on an ETA visa, spends 3 months here, you get married in that time and at the end of the the 3 months applies for a partner visa.
  4. Apply for the PMV now, partner comes to Australia on a ETA visa spends 3 months, leaves Australia, comes straight back spends another 3 months and then request the the PMV change to a Partner visa after you get married or register the relationship.
  5. Apply for the PMV and wait it out.

Number 1,4,5 and are the safe options.

Number 2 is doable if you have good evidence to prove your relationship is genuine.

Number 3 is the better option (if you wish to get married) and better than number 2, as Australia is still a bit old fashioned and takes marriage more seriously then a de facto. (but you will still need a lot of evidence)

The key points of a partner visa is that the relationship in genuine and ongoing, not the time frame, but you need to be able to prove this to a completely neutral third party who doesn't know you. 

I leave it @Aussie_83 to add or correct anything I have missed. 

  

 

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Comprehensive as always.

Just a note on 4, when you convert it to the 309 you may have to do that while offshore. not something I'm sure about but more just to be on the safe side and avoid potential complications.

My reasoning being you cannot convert a offshore visa to a onshore visa.

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