Help... Canadian citizen hoping to marry Australian.

[amandapatey]

I am a 20 year old Canadian citizen hoping to marry my Australian boyfriend. We met online 6 years ago and in September 2008 I flew there on a working holiday visa to be with him. Unknown to me at the time is that you CAN'T apply for a second working holiday visa UNLESS you've worked 3 months in regional Australia... and now I'm back in Canada because my visa expired, feeling stranded :|. My boyfriend applied for a Canadian working holiday visa, but due to a few things on his criminal record he was denied, but is able to reapply late next year as it will be 10 years since his last conviction. That's a long time to wait though and we both just want to be together... so my main question is, am I able to go to Australia on a visitors visa (ETA), get married to him, apply for the Partner Temporary Visa (subclass 820) from within Australia, and get a bridging visa until it is granted? I've read everything on the website that I could possibly find, and there's nothing specifically saying that you cannot do this, and the ETA appears to be eligible for a bridging visa. The prospective marriage visa is simply too expensive and not enough of a sure thing, and it says it takes 5-10 months to process. My family has never met him as he cannot get here, and I'm not sure I want my family to know about the marriage yet, but if need be, I'd be willing to tell them if it would help this work out for us. I have met all of his family though. We have proof of many expensive phone bills, and his name is on the lease of the apartment I am living in Canada currently, as this was done before his visa was denied. I think we have opened a joint back account in Australia but we never ended up putting any money in it. I've also sent money to him via Western Union. I only have a high school education as well (currently in my first year of university). We're not made of money but we can easily take care of ourselves with jobs.

I just don't want to go there on a three month ETA, get married, apply for the partner temporary visa, and get rejected and be stranded once again. Does anyone have any thoughts? I have emailed the proper people the same questions but have yet to hear back from them.

Anything would be appreciated :S.

[peaches]

There are a few puzzling things in your post. I'm concerned that you fit the demographic of youth who are most likely to enter the country on false pretenses, with all respect. DIAC at the airport will suss this out.

When you were granted your work visa, you would have had to enter an address on the entry card. I presume this was your boyfriend's address. Regardless of the fact you will now enter as a tourist, you could very well be questioned because of the same address you put on the entry card. And no, I am not advocating you lie. This means you could be questioned. Immigration knows who is coming into the pipeline before you step off the plane. You're in their database.

You've seen him for a few months yet you correspond with him for years. And you wish to get married yet keep this to yourself. And you wish to find the easiest way to accomplish this without undue financial hardship or effort. You have little in documentation to prove the relationship is genuine. BTW, if you don't know your name is on a joint bank account - it isn't. You need to furnish Australian documentation to have a bank account whether it be a tax file number, medicare card, Aussie drivers license, resident/457 work visa etc. You have none of these.

People with an criminal past, especially severe convictions, cannot be granted a visa, so I presume this is why your boyfriend couldn't visit Canada. Minor or misdemeanor type of offenses can be granted visas on an exception basis. " A few things" sounds dodgy and a bit suspect.

Is your boyfriend working? He will have to be able to afford to sponsor you. Proof will be required. All hard evidence of your relationship will have to be submitted. How old is he?

If you marry here, you could be granted a bridging visa but be forewarned, just because you are married to a resident or Australian citizen doesn't mean you'll be granted residency. You have to be approved and frankly, I think you fall short of the requirements. You are only 20. Go to school and visit him but don't jump with both feet first. There is no rush. If you are reticent in telling your family/friends, ask yourself why is this so? I am not being a moralist. I am only playing devils' advocate.

I knew my husband for years and we travelled back and forth for years before we decided to get married in Canada. Yet we are both professionals and older, in our 30's. I thought about this move long and hard.

I never overstayed my welcome but a couple of times I was stopped by Customs and asked questions to make sure I wouldn't stay. Perhaps because of my compliancy, coupled with my husbands credentials and income, I was granted (offshore)the provisional spouse visa within 2 months, which led to permanency - upon further documentation that the relationship was ongoing. Again, don't forget that not everyone is approved as it is on a case-by-case basis; I think the approval rate is around the 70% mark, last time I gathered some figures a few years ago. I've known 2 couples' applications that were rejected. I know what DIAC looks for. I now have contacts.

Some have entered on a student visa with the intention of applying for permanent residency afterward. Bear in mind, that you will be checked on to see if you attend classes and will be turfed if you don't. But, I think if you have trouble scraping up the 1600$cad or so for the filing of a Prospective Fiance Visa, you won't have the coin for sufficient funds for tuition and living expenses.


I'd suggest calling the Australia High Commission in Ottawa and put forth your queries. Look carefully at the apps on the immi(dot) gov(au) site and ask yourself if you can honestly provide enough of a paper and emotional history that could have both of you live happily ever after. At this point in time, I wouldn't hold my breath. But you could try asking an immigration agent in Canada that is knowledgeable about Australia. Usually they can be of help in difficult cases yet that will cost more money, also. Good luck!