What is the processs of getting PR? my wife is PR in Australia. but i got student visa... please explain...its a genuine marriage?
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hi there what is the process of getting PR? my wife is PR in Australia. but i am not. please explain... how long it takes?? when they do the medical examination?? when I will get ...show more
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Answer:
You haven't provided enough information for an answer based on your own circumstances so a general answer is the best I can do. A PR can sponsor their partner for a Partner visa provided the partner is eligible to be considered their partner for immigration purposes. They must be able to provide substantial evidence that theirs is a genuine relationship and not one that was entered into just to get a visa for the foreign partner. If they are legally married, there is no requirement for them to have lived together before their marriage - they must however have lived together as a married couple with shared commitments and responsibilities since the marriage and must continue to do so during visa processing. If they are not legally married, they must have lived together for at least 12 months before applying or be in a registered relationship that has been registered in QLD, NSW, ACT, VIC or TAS - no other states or territories have a relationship register. http://www.immi.gov.au/Visas/Pages/801-820.aspx Onshore Partner visa http://www.immi.gov.au/allforms/booklets/1127.pdf Partner migration booklet When an application is made for an onshore Partner visa, the applicant will be granted a Bridging visa A which will allow them to stay in Australia (with unrestricted work rights and eligibility for Medicare) but the BVA will only take effect when their current visa EXPIRES. If their existing visa is cancelled for ANY reason (by the holder or by DIBP), their BVA will be cancelled e.g. a Student visa holder must continue to meet ALL of the attendance and academic obligations of their visa until it expires or their Partner visa is granted. If their existing visa is cancelled, they may be granted a BVE to enable them to stay in Australia while their Partner visa application is processed, but it will have no work or overseas travel rights. An onshore Partner visa currently takes around 13 months to be decided - medicals will be required towards the end of the processing period (something like 8-9 months after application). If the foreign partner is granted a Partner visa, it will be temporary/provisional for 2 years and then becomes permanent if the relationship has remained intact for that period. If the partners do not continue living together as a married couple during the temporary phase of the Partner visa, the temporary Partner visa will be cancelled and the holder must leave Australia unless they can apply for some other substantive visa.
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Other answers
If you are on a student visa than you will not be moved to a PR visa until that visa has ended....even if they accept this is a genuine marriage.
Katty
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