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12 month holiday to spouse - no further stay?

Printed From: AussieLegal
Category: Immigration Law
Forum Name: Student Visa, Employment Visa, Partner Visa, 457 Visa
Forum Discription:
URL: https://www.aussielegal.com.au/forum/forum_posts.asp?TID=8020
Printed Date: 21/April/2019 at 16:40


Topic: 12 month holiday to spouse - no further stay?
Posted By: suchasaint
Subject: 12 month holiday to spouse - no further stay?
Date Posted: 13/January/2010 at 03:00
I'm from the UK, I spent a year on a holiday working Visa in Australia. Whilst there I met my partner, an Irish man, who was sponsored by his company to work out there for two years and now he has his Australian Residency. We have been an official couple now for 12 months, I've been back to see him a couple of times, he's also been to visit me in England, met my parents and i've been to Ireland with him to meet his.

I can't get another year working visa, so i've saved up lots of money, the plan was to go to Australia to live with him on a 12 month holiday Visa and then later apply for a spouses visa. I have lodged my Visa application and have received an email from them saying it is likely there will be a 'No Further Stay Condition' on my Visa.

Does this mean we can't apply for the spouses visa?
Would I be better off changing to a 6 month holiday? or is it likely i would get a 'No Further Stay Condition' on that too?
I'd be so upset to live with him for 12 months and then find out I had to leave.
What are my best options?

Any help would be most appreciated, thanks



Replies:
Posted By: MartinO
Date Posted: 13/January/2010 at 09:40
If there is a no further stay condition imposed and the relationship has worked out you could marry, return home and apply for a spouse visa, of if you have not married but intend to, apply for a prospective spouse visa.

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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.


Posted By: suchasaint
Date Posted: 14/January/2010 at 22:24
So if i were to get a 6 month Visa instead would it be likely they impose a no further stay condition on that?
If not and i did get the 6 month visa, after 6 months living together would we be likely to get a spouse visa, or would we not have been together long enough?


Posted By: MartinO
Date Posted: 14/January/2010 at 22:27
You will need to ask immigration, I don't know, but if you have married as opposed to just living together it will be a whole new kettle of fish.

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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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