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Suggestions for Marriage / Fiance Visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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skippy50
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Joined: Wed Sep 09, 2009 3:18 am

Suggestions for Marriage / Fiance Visa

Post by skippy50 » Wed Sep 09, 2009 3:22 am

Can anyone recommend a Migration Agent in Melbourne that could advise me on the most suitable visa for our circumstances?
This is the situation:
I am an Australian by birth living in Melbourne ( 50 years old), my partner is British by birth living in England. We would like to get married early next year and I would like to join him in the UK for around 9 to 12 months while he is finishing his Doctrate. The problem is I would like to work while I am over there if possible. So do we:

1. I apply for a Marriage Visa and get married over in the UK, then apply for an extention after the wedding – how long does the extention take? Is the extention visa a Settlement Visa? Or is it just a visa to allow me to stay longer in the country but not work?

2. If we get married in Australia whilst he is visiting here at Christmas and then I apply for a Temporary Settlement Visa which could take up to 12 weeks to come through, so I am stuck here waiting while he goes back to the UK (he is teaching while studying) I pay all that money just to stay for no more than 12 months, then my partner pays for a Spouse Visa to come to Australia permanantley.

Is there any other options open to us considering that I do not want to stay permanently in the UK and my partner will be eventually applying for a Spouse Visa to come to Australia – it just seems like an expensive and time consuming way for us to both be applying for Settlement Visa’s in each others countries.

Sorry if this all sounds confusing – its doing my head in ! … any help is very much appreciated.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Sep 09, 2009 4:43 am

Option 2 seems preferable to option 1 because:

a) A fiancé(e) visa costs the same as a spouse visa.

b) Both are settlement categories and may take the same amount of time to process.

c) Additional costs when switching to FLR(M) after marriage.

d) Fiancé(e) cannot work until granted FLR(M).

See also Maintenance & Accommodation (MAA)
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

skippy50
Newly Registered
Posts: 4
Joined: Wed Sep 09, 2009 3:18 am

Thanks

Post by skippy50 » Wed Sep 09, 2009 4:53 am

Thanks for the quick reply Vinny, I have a feeling that will be the way to do it, its just so expensive for a short term option when it will cost that much again for him to come to Oz as my spouse later on.

Cheers
Skippy

skippy50
Newly Registered
Posts: 4
Joined: Wed Sep 09, 2009 3:18 am

One more question

Post by skippy50 » Wed Sep 09, 2009 11:49 pm

sorry Vinny, one last question - It was not a fiance visa I was thinking of, but a visa to visit to get married - I know we would need to marry within six months but can I then apply for the (FRL)M or do I have to go back home to Oz after the wedding to apply?
Thanks so much for your help :)

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Sep 10, 2009 9:23 am

No, unfortunately, visitors cannot switch. After marriage, she may depart and apply for a spouse visa.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

skippy50
Newly Registered
Posts: 4
Joined: Wed Sep 09, 2009 3:18 am

thanks

Post by skippy50 » Fri Sep 11, 2009 9:24 am

thank you for all your help vinny - much appreciated :) I guess we will have to look at getting married in a hurry in Australia and then I will apply for a settlement visa - cant see the sense in paying for a fiance visa and then forking out the same amount of money again for a marriage visa a few months later !

good luck to everyone taking the plunge :D

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