3 years to Aus - complex situation - best way to approach

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TofflerNew Member
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Posts: 2
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Joined: 2 Jul 2011

3 years to Aus - complex situation - best way to approach

Post Sat Jul 02, 2011 6:40 pm

Bit of a complicated situation but thought I might get some insight here.

I'm 63 and slowly moving to retirement from daily "in place" activity in my long term Canadian business,

Met a like minded girl from Cairns about my age and after back and forth visits of several months duration we hatched a plan for me to end up in Cairns permanently by 2015 or so.

We're family now with her daughter staying with me in the GTA and both very content - excellent match up.

I need a couple years to transition the business.
We visit and we spend approx 5 months each year together leading up to emigration for me.

We both are willing to get married if it will ease the process of my moving.
We seem to have options and not sure which to pursue.

We could get married right away but would not be living together in the normal sense more than 5 months of the year tho her daughter lives with me full time and our virtual communications is hours a day.
( thanks skype ) - all of which we have a clear record of.

We have trips planned together out two years as her research job has specific windows of travel and I can work my business electronically from anywhere so 3 months each year is spent in Australia escaping winter and enjoying time with SigO.

So ....
get married right away?

If so where?

Does it matter?

How do we establish the relationship given the odd circumstances.

•••
Assuming we get married
Should I apply as

Spouse of Australian

Retiree married to Australian

Immigrant retiree to Australia ( married or not )

What's the first step in this? My sense is to talk to the Aus embassy.

Thanks
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TofflerNew Member
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Posts: 2
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Joined: 2 Jul 2011

Re: 3 years to Aus - complex situation - best way to approac

Post Wed Jul 06, 2011 9:07 pm

Appreciated. Some live in a paranoid world...I don't - I take people at face value as honest and forthright until proven otherwise. One reason I still have my first client from 30 years ago.
I admire the direction Australia has taken their society against where Canada sits and my business is more portable plus I ride motorcycles and will be glad of no more Canadian winters. So we took the decision that I would move in three years.

My sigO is a medical researcher who travels to North America and Europe regularly and I spend winters in South Africa and now in Australia. My business allows me to work anywhere with an internet connection and runs 24/7/365 so off hours is the norm rather than the exception.

We are asking questions to get insight into the best approach as we have time to plan but the an issue is when to get married and where.

i will be calling the Aus Consulate this week but thought I would get some background and view points first. If you have something cogent please feel free to comment or ask questions.

With communications the way they are dispersed families like ours are becoming far more common.

When I was in South Africa playing bridge with friends, I was chatting with SigO in Australia via skype and playing scrabble.
Chatting and playing scrabble with daughter in Ottawa
Responding to emails from clients.
allin the same time space.

Next chair or otherside of the world the space of family interaction is altered dramatically and immigration rules must accommodate.
Whether my step daughter to be is in Germany ( as she is now ) or in the other bedroom does not change our family status or relationship.....it enhances it as we are always together if we choose.

SigO is at work in Aus just now and chatting with me and her daughter.
My duaghter in Ottawa palying scrabble with me online.
The physical boundaries are melting.
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peachesCanuckAbroad Regular
Posts: 49
Joined: 26 Mar 2009
Location: Australia

Re: 3 years to Aus - complex situation - best way to approac

Post Wed Jul 06, 2011 11:02 pm

I am wondering why my first post was deleted?

Anyhow, as I said before, your phrase of 'hatching a plot' was a bit suss. I gave you all the worst case scenarios regarding a marriage of convenience, which one could interpret your primary post as such. DIAC is very aware of those who marry permanent residents or citizens in order to gain residency.

You will have temporary residency for 2 years (partner visa) and at the two-year mark will be asked for further evidence -- or not-- but is totally at the discretion of the Department. Australia is pretty clamped down now with respect to immigration and you are too old for a 'skilled' visa yet you say you have a business but are looking to retire, ergo a retirement visa might be the route to go. Bear in mind that this is a temporary visa and doesn't give you PR. Yes, a partner visa does but you will have to reside in the country for more than 6 months at a stretch if you want PR; even then, the visa is valid for 5 years and you must prove substantial ties to the country in order to be granted a RRV (resident return visa) when you re-enter after the visa expiration.

Note that your future wife will be the one sponsoring you and she has to prove she has the income and capacity -- NOT you. I presume she is an Australian perm resident or citizen. It's a moot point if you are the one paying and supporting her from the onset. Who has Canadian citizenship?

I have not sugarcoated my answer; hope it's cogent enough... This may be redundant however you are must be aware that immigration is a not a right but a privilege and Australia doesn't have to bend it's rules to accommodate those wishing to migrate here. If you are on a partner visa and decide to spend less than 6 months here, your visa will be scrutinised (see above).

To reiterate, if you are less than truthful, you and your 'girl' can be charged with criminal conspiracy. This is the worse case scenario. Let's just say I am quite cogent in the area of law enforcement... DIAC also monitors forums such as these with regularity, that is a fact!! Individuals from high risk countries are put under a microscope more than those from low risk, an example being Canada.

It appears that there is a retirement visa (405) if you fulfill the requirements which entails having assets of and above 750,000 aud and an income of 65,000aud. You and your partner only can be on this visa and both of you must have no dependents. It is a 4 year visa. In the interim, you could and will be prevented from entering the country on a tourist visa as Immigration will question why you visit too often.

Your best bet is to check the 'immi' site and use the Wizard, rather than calling the Embassy's call centre and be given different responses that might not be the fit you are searching for. A '309' is an offshore partner visa, btw, so you might wish to look at the online booklet and carefully examine it's contents as to the requirements. There are stringent checks and balances in place, ie security checks and your passport(s), past addresses, work history, travels etc will be under the microscope. Everyone has to fill in a Form 80 which asks for info from you family, your siblings and every movement you have done since leaving high school. It's a very detailed process and time-consuming. There are no short cuts in any visa process and there is no wriggle room.

Good luck.
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