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Getting married

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AH View Drop Down
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Joined: 15/December/2009
Location: Australia
Posts: 2
  Quote AH Quote  Post ReplyReply Direct Link To This Post Topic: Getting married
    Posted: 15/December/2009 at 04:49
Hi All, i'm new to this forum and have been reading a few topic on the propective marriage visa and all the requirements. but i haven't really come across a real answer for my situation,

Well i'll explain my situation a little bit, about 2,5 years ago i flew to australia to travel all around it, i did, and guess what, i fell in love with a girl(australian) and she fell in love with me. wohoo, we stayed together ever since. Now because my working holiday visa expired i had to fly home 1,5 year ago, then she decided to come to europe and we were back together. unfortanelty after a year she had to leave again and now she's back in Australia and i'm back still stuck, here in holland. (i'm dutch btw). Now i've been looking for jobs for a while in australia already but it's just not working, i'm not 'skilled' enough to apply for a indepented visa so we wanna do it on relationship basis (and we wanna be together anyway, so nothing wrong with that!) here comes the bad part, because of her religion she's doesn't wanna live together until we get married, so we never really 'lived' together, we did kinda, but we didn't complete the total 1 year and since she doesn't wanna live together when i get there we cannot apply for the partner visa.
Which leaves us one option, marriage, since i'm going to australia because i wanna be with her (and it's a great country) and we've talked about it a couple of times i think it's time to go for it. so now i got to the point on making a decision on visa. I really would like to go there asap like next month and do the application from there, but what is the visa to take?

According to the immi.gov.au wizard I can only apply for the "Partner (temporary and permanent) - Onshore (subclasses 820 and 801) visas" when i'm 'onshore', aka in Australia. And do i understand it correct that for this visa you either have to live together or already be married?

the other option is of course the prospective marriage visa, which would mean i would have to apply for it and wait in holland until it's granted, which 'can' take weeks, but also months.

I hope someone can help me answering this question, what i would like to do is fly there, ask her, then apply for a visa and have time to plan a wedding. is this possible? and which visa applies to it?

I also read about the evidence of having the wedding already planned, well like i said above we kinda wanna plan our marriage while we are actually together.

Edited by AH - 15/December/2009 at 07:33

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 15/December/2009 at 09:57
The prospective marriage visa when granted will give you nine months in the country, and should you marry you can remain. It will not take ages to be granted, the authorities just need to do their checks. The sooner you apply the sooner it will be granted.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

AH View Drop Down
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Joined: 15/December/2009
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  Quote AH Quote  Post ReplyReply Direct Link To This Post Posted: 15/December/2009 at 20:30
Thanks for the quick reply!

what about the 'evidence' of having the wedding booked, since we wanna plan it together we do not have anything booked yet. should i book something and then cancel when it's actually granted so we can rebook or will they grant it when i put in a letter then we do not have anything booked and are planning to do that as soon as we are actually together.

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 16/December/2009 at 08:54
Nothing to stop you varying the arrangements, the prospective marriage visa is for 9 months, provided you are married in that time all should be well. Ensure you advise immigration of the change of plans as they may monitor your original booking.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

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