Australian Fiance Visa

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atloehleNew Member
Topic author
Posts: 3
Joined: 1 Jan 2010

Australian Fiance Visa

Post Fri Jan 15, 2010 1:21 am

Im wondering if anyone knows anything about the prospective marriage visa, otherwise known as the fiance visa.
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CharRSenior MemberUser avatar
Posts: 113
Joined: 31 May 2009
Location: Melbourne

Re: Australian Fiance Visa

Post Sun Jan 17, 2010 4:22 pm

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chicklet1964auNew Member
Posts: 1
Joined: 21 Jan 2010

Re: Australian Fiance Visa

Post Thu Jan 21, 2010 2:27 am

i moved to australia on that visa what do you want to know
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canadiana aussieNew Member
Posts: 1
Joined: 27 Jan 2010

Re: Australian Fiance Visa

Post Wed Jan 27, 2010 9:40 pm

well i have a followup question if anyone can share some experience with this visa- how long did it take for yours to be granted? I'm in Aus now and understand I have to go back home to apply but it's really hard to plan and well, plan a wedding when it's so unclear on all the documentation. Does it really take 5-10 months for most?
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SheenMachineNew Member
Posts: 1
Joined: 5 Apr 2010
Location: Vancouver

Re: Australian Fiance Visa

Post Mon Apr 05, 2010 8:13 am

I too have the fiance visa application and it is so complicated. Thinking I should maybe hire some agency to help but they are all very expensive. If anyone who has successfully got this visa (300) could you please give me any tips and how long did it take you to receive it? Just want to get there and be with my guy. Please help! :roll:
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AtaraxiaNew Member
Posts: 6
Joined: 8 Apr 2010

Re: Australian Fiance Visa

Post Thu May 13, 2010 8:23 pm

I'm applying for the partner visa (currently a fiancee in Australia, but will be married before application is made.)

Firstly, there's two visas where you can be a fiancee.

Off-shore only is the Prospective Marriage Visa, which basically allows you to enter Australia on the basis that you are going to marry an Australia. Then you proceed to apply for the Partner Visa.

Off-shore or on-shore is the Partner Visa. You are either de facto or married to your partner/ sponsor.

There's tons of PDF files to download and read over with check lists etc. You need to get relevant police checks done, which you can read more about in the information PDFs. You need to have a medical exam done by a certain institution if you are on-shore, but if you are off-shore it's only by request of the immigration dept, as far as I understand. You need a birth certificate with both your parents names, or a copy of your birth registration, which you can request from the appropriate provincial institution. The rest is filling out forms, making statements, etc.

If you are de facto, or engaged, you need to prove you've been together for 12 months prior to your application. You need to prove that you have been together for 12 months with bank accounts, finances, rental leases etc. You also need statements by Australia citizens that can back up your relationship.

If you are married, you need to supply a marriage certificate. You do not need to provide evidence of a 12 months relationship, but you do need to prove that you have a mutually-exclusive relationship and that you did not get married for citizenship gain.

Your partner is your sponsor, so they will ask for proof of employment, but that info is all on the PDF's.

If you need a good PDF reader, try foxit reader, which is a free download, and lets you read and fill out PDF forms.

The list that I have is this:

Visa 820-801 Partner Visa check list

Form 47sp (immigrating partner)

Form 40sp (sponsor partner)

Character Penal info

Form 888 Statutory declaration by supporting witness relating to partner visa. (Basically your people support that you are in a relationship.)

1127 Partner Migration PDF booklet.

And I have a copy of form 80, which is something that is not required but may be requested in further support of your character.
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kamranNew Member
Posts: 2
Joined: 9 Dec 2009

Re: Australian Fiance Visa

Post Mon Oct 18, 2010 10:10 pm

i'll try to keep this a brief and simple as possible!
I'm in Melbourne on a 417, which expired in July 2011. My gf is an australian, and we are thinking of having a small wedding here in Aus. then apply for a subclass 820, which will lead to a permanent 801 visa.

We have been engaged, but i did not declare so on my application for the Working Holiday Visa.

I have read most of the forum but still have a few questions regarding the steps and details any one can provide through their experience.

what is best:
to apply for RCMP clearance from here ,which can take up to 4 months, or fly back and get a clearance in Canada, which can i take 2 weeks. (Info based on forum)

Also, what other documents will i need, such as medical exams?
I'm seeking permanent residence in order to get better employment and we think that this is the best, safest and easiest approach.

Given my status, are there easier alternate options to getting a permanent visa? through my partner?
Perhaps go to montreal, get married there, and submit an application from Canada for a "partner visa"?

Our situation is a simple one, I don't'' think to run into any complications hence would rather stay away form agencies/lawyers (unless we run into a issues)

Any help from you guys is appreciated and i must say, this forum has offered an extensive knowledge of al the options that are out there....
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CharRSenior MemberUser avatar
Posts: 113
Joined: 31 May 2009
Location: Melbourne

Re: Australian Fiance Visa

Post Tue Oct 19, 2010 5:00 pm

As far as your RCMP clearance, if you have the money, or are planning a vacation back home anyway, I would get the RCMP clearance done there. I submitted mine from here (Australia) and 2 months later I received word back that the fingerprints weren't acceptable and I had to have them done AGAIN. So I had to make another appointment to get fingerprints (3 weeks wait for that), send off another application, and I didn't get my RCMP clearance in the mail for 6 months! And there is NOTHING on my record, I've never had any issues with the law in any respect. Nor do I have a particularly common name that might cause delays from other people's records. It's seriously a huge pain in the youknowhat, and there's no way to speed it up. I would have been SOOO much better if I had had them done last time I was home in Canada. But mine is probably a "worst case" story, yours could be smoother.

You will need a medical exam, that is easy, you need to make an appointment (the places you can get it done are listed on the government immigration stuff, i think on one of the forms, I can't remember).

Partner visa is the easiest way to go, unless you have a company that wants to sponsor you for PR. Don't even think about submitting an application for PR without a company sponsorship, you'll find yourself in a LONG line up, and beaurocratic hell, and it could be years before they even look at your application. In fact, you're lucky you have a partner to apply with, as it's by far the easiest and fastest route to PR.

You don't need an agent or lawyer for a partner sponsorship. It's pretty straightforward. Unless you have anything on your criminal record, or a particularly complicated relationship history (you're still married to someone else, etc) you will be find doing it yourself. Good luck! :)
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peachesCanuckAbroad Regular
Posts: 49
Joined: 26 Mar 2009
Location: Australia

Re: Australian Fiance Visa

Post Mon Nov 01, 2010 12:08 am

kamran wrote:i'll try to keep this a brief and simple as possible!
I'm in Melbourne on a 417, which expired in July 2011. My gf is an australian, and we are thinking of having a small wedding here in Aus. then apply for a subclass 820, which will lead to a permanent 801 visa.

We have been engaged, but i did not declare so on my application for the Working Holiday Visa.


Has your visa expired or will expire? First, given your situation regarding the expired visa, you are now an 'unlawful non-citizen'. Usually, you must depart Australia when your visa ends unless you apply for another type of visa to extend your stay.

Bear in mind you may also be subject to a period of exclusion from Australia as a further penalty. You could be pensalised up to 3 years and not be allowed entry at all regardless if you marry in Canada or not.

If you are in Australia and your visa has expired, you should contact the department to sort out your status first. This is your main priority! However, I would highly suggest you consult an immigration lawyer or MARA registered agent in Australia first-and do it really, really soon.

Second, I wonder what DIAC will think when you apply for a partner visa and state that you were engaged to your partner but didn't mention it. They might view it as a method of deception and that your overall intent was to arrive in Australia yet not honour the terms of the WHV but to visit your fiancee. Read the Partner Immigration booklet that is available in PDF form on the immi.gov.au site and you'll see it's not a rubber stamped, automatic approval. I'm just playing devils' advocate...
as I know of a couple of individuals who were barred from re-entering Oz because of an expired visa. Cases of this nature are often cited in the Migration Review Tribunal and the outcome isn't favorable unless there are mitigating circumstances.

All the best!
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