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Hi, my girlfriend is from america and we have been together

 
Sydney-Lawyer's Avatar
  • Answered by:Sydney-Lawyer
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Hi, my girlfriend is from america and we have been together for over 12 months. Currently she is residing back in america. Her 12 month holiday visa runs out on the 1st June 2012. Can she cancel her current visa and reapply for another 12 month holiday visa. I was asking this as we were going to lodge a defacto spouse visa but I wouldn't have the appropriate funds to do so if I got her over on her current visa as I am led to believe it costs around $2900 to lodge the visa. the new visa would give us a little bit more time to pay for and lodge the visa.. Once she arrives how does the process of applying for a defacto spouse visa work or is there a better way for her to remain permanently in Australia. We are going to get married and if it makes it easier we will get married when she comes back to Australia if doing that makes it easier or opens better avenues to residing in Australia..I would prefer not to get married straight away as I would like to save for a decent one but will definitely marry at a registry office if that is required or looked upon as being the preferred alternative She was over here for a period of 3 months on her current visa and left last September. We met online and have been in a committed relationship since march last year but in that period we have only resided together in Australia for 3 months. I am an Australian citizen, Is there any financial requirements that I will need to meet for her to be able to stay. ie savings etc and I currently reside in a rental property.. I have been off work for the last 12 months on compensation but I am currently at the stage where I can return to work and I am in the process of starting a new job, I am a carpenter by trade.. I have some savings but at the moment I just don't have the extra $2900 that I need but will have within a month of returning to work , hence the Q about extending Christy's current visa, Thanks for taking the time to review my questions, :) Dave

 

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State/Territory: W.A

Already Tried:
I have read all the visa information provided by the australian government and the more I read the more confused we get

Submitted: 362 days and 19 hours ago.
Category: Australia Law
Value: AU$99
Status: CLOSED
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Expert:  Sydney-Lawyer replied 362 days and 19 hours ago.

Good Evening


My Understanding is that she does not have to cancel the current visa. If there is a condition of no further stay then she cannot apply for another visa.

If there is no condition like this you can apply for the partner visa and if it is not granted by the time her other one expires she will go onto a bridging visa if she is here.

If she is overseas then she cannot come back until the new visa is approved.

Here is the link for the visa for you.

http://www.immi.gov.au/migrants/partners/partner/820-801/

It is very detailed about what you require and what she has to comply with.

It is best that you speak to a solicitor that practices in immigration law so that they can assist with the application.

I hope this is of assistance and if so please click on the accept button.

Customer replied 362 days and 19 hours ago.

Thanks for your response but you didnt answer any specifics and didnt tell me anything i didnt already know and I have been onto that website and if i could understand it I wouldnt have needed to contact you.. Thanks but if im going to pay $100 I would have liked my questions resolved and not just put onto a link i have already been on..Thankyou Dave

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Expert:  Sydney-Lawyer replied 362 days and 18 hours ago.

Good Evening


All I can do is provide information and guide you.

If you wish details advise about the process I am sorry to day but you will need to provide far more detailed information and I would need to have a conference with you.

The link I have provided you sets out a possible visa based on what you have told me. If you wish to know about other visas I would need to know her level of education, qualifications, financial position etc.

You said you did not want to get married immediately so the Prospective marriage visa is not one to consider.

The process is that once you have been together for 12 months you apply for the new visa. Before the old one expires. She can stay until the visa is determined.

You will have to provide financial support for her as sponsor. How much I dont know it is determined case by case.

If you are not together for 12 months you cannot apply.

The $2,900.00 has to be paid upfront when the application is lodged and not refundable.

I cannot tell you much more than this.

As I said earlier we provide information to guide you to get your answer. Nothing can replace spending the time and seeing a Solicitor having a conference.

In these circumstances most solicitors would spend at least 1 hour interviewing the client to make sure they have all the information and then spend another hour drafting the advise.

I hope this is of assistance and if so please click on the accept button.

 
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