Advice on moving from the usa to australia?

Question

my partner in the usa wants to move to australia and i need some advice on visa requirements.As we havent yet had the opportunity to meet, I want him to come on a 3 month holiday visa then maybe apply for a temporary partner visa. Does anyone know if the temporary partner one can be applied for while he is in australia on the 3 month visa? I have tried to search this question on oz immigration but cant find the answer. If this cant be done, does anyone know if there is another way that he can come here so we can meet and then decide on our future. If we decide to stay together he won't want to go home again. just trying to sort out our options at this stage. thanks in advance for the help

Answer 1

I've been through a situation similar to yours, so I will do my best to answer this for you.  

My wife lived in Canada, and I flew there to meet her after we spent a few weeks of emailing each other.  We got engaged whilst I was there, and then came back to Australia while she stayed in Canada.  We began the process of applying for a Prospective Marriage Visa (http://www.immi.gov.au/migrants/partners... which requires you to be married to the applicant within 9 months of being granted the Visa.(it also incurrs an application fee of around AU$1350)   It took a few weeks to gather all the info, which involved sending away for various certificates and getting papers and documents certified, but once we sent it all away, it only took about 4 weeks to approve, which allowed her to come to Australia to live, with full rights, except to claim Medicare untill we got married, at which stage she could apply for the Spouse Visa.

HOWEVER, be prepared for a more 'involved', and perhaps longer process time for all Visas involving the US.  My sister is doing hers right now, to move back to Aus with her American husband and their daughter, and it has a lot of finnicky paperwork involved, including interviews.  

ALSO, from what I know, he should be able to come to Australia on a holiday Visa, which has about a 3 month allowance on it, unless he gets a working Visa, which allows him 12 months (provided he is under 31)  

I am almost certain that he will NOT be allowed to stay in Australia with you, and apply for a Visa to stay, unless you have been in a De-Facto relationship for at least 12 months, in which time his Visa will have expired.  There is such a thing as a 'Bridging Visa', which is a temporary Visa given to people who's current Visa expires while they are awaiting the approval of another Visa already lodged.  That Visa is free, and approved in their office the same day you apply for it.

You might want to read over this link...  

http://www.immi.gov.au/migrants/partners...

It gives you info on De-Facto relationships and the Visas to do with them.   Most Visas require the partner to be in their own country at the time of approval of a lodged Visa, which THEN allows them to come to Australia.  

THE GOOD NEWS..??  He might be able to get a working Visa, stay with you for 12 months, then go home to the US while ur application is logded, then return to Aus when it's approved, which may only take a few weeks, or a few months at the most.   Or even better, the de-facto relationship thing might work out for you.

I would call the Immigration Department on 131-881, and ask for as much information as you can.  Call a few times, too, and record their names on each call, as I found in MY history with them, different people tend to give different information.

There is a lot of information you will need to attach with your application, and it's vital you have it all, or it will slow things down, when they contact you to send additional info...   it can add weeks with each request for more info.

Some advice...   keep EVERY email you have from/to him, keep all phone bills showing calls to him, and any and every thing you can to prove that your relationship with him is 'genuine and continuing'...   trust me, it helps your application get approved, and faster.

It all seems daunting and confusing, I know, but just be thorough in your collection of evidence about your relationship, read everything twice, and even make an appointment with someone at the Immigration Office in your town to find out more information about your circumstance.

If you need any more help, email me, I will be glad to help, as I have been through it all, and now my wife and I live happily in Australia  :)

Official site for the Immigration Dept. in Australia.

http://www.immi.gov.au/

Use the 'search' bar to find info on whatever you need within the site.

Answer 2

you may not have too much hassles getting a 3month visit visa for him to come here.. But as for a prospective spouse visa there is too much surrounding it. DONT do it ur self contact an immigration lawyer and get REAL ADVICE, so far it has cost me $15,000 and I dont have my wife here.... go to some one who knows. or go see the department of immigration.....