Australia, New Zealand & the South Pacific - immigration to Australia

Does anyone know the general guidelines for marrying someone in Australia and being able to stay there. Here is my scenerio.

I been "cyber-dating" a girl from Melbourne for a little over a year. We finally met last May for two weeks when i went there. Things went pretty well. She is in school and doesn't have a job. I have a job and make a decent living for a single guy but definely am not "rich".


Is there a way to marry someone in Australia and not be required to go back(in my case to the United States) and apply for a different kind of visa and have to pay for an extra flight across the world. I currently hold only a "tourist" visa.

Last time I was there she was begging for me to stay. I told her I thought that Australian immigration would come after me if I stayed. It broke my heart to do that but then again I felt like I had very few options.

You may be able to go from a tourist visa to a bridging visa, then onto a fiancee or spousal visa, however they can just as easily kick you out for coming here on a tourist visa under false pretences.

The right way to do it is to apply for a visa wherever you are and wait for approval. This is what my husband and I did and he got his visa through without too many problems. You need to prove that you have a true ongoing relationship and your sponsor may need to support you. This may be a problem if she is still in school.

Your other way to do this may be to look under the skilled migration avenue. Or find an employer who will sponsor you.

Suggest you go the website www.immi.gov.au, all the governmental facts are shown there, and will help with your questions.
The Australian government takes immigration seriously so my advice would be to make sure you comply with the rules and answer questions truthfully.
Make sure you really want to live in Australia, and that the relationship is what you want.
Good luck.

It will be much harder to do if you are already in Australia. The immigration authorities have a reputation for being pr*cks, at least in the past. Gird your loins. :(

Last August I returned from 3 months in TAS. As my friends convinced me to apply for an extension of 6 months, the law suddenly changed where one would have to pay $200, fill out an enormous amount of paperwork, and have a face-to-face interview with an immigration official. It would be up to the subjective decision of the Immigration Officer to allow an extension, or not. Where the $200 went, I don't know, but you don't get it back.

Hurridly, I paid premium to get a seat out of SYD before my original Visa expired. It was widely publicized that anyone over-staying their Visa date would visit the Immigration Holding Cells, while officials decided how much to levy in fines, how long you would have to stay in their Holding Cells, and as a coups de grace, place your name on the "Unwanted List" just before they threw you on a plane out of there!

As I was told later, if I wanted to file any papers relative to staying in AUS, I should have done it while I was in my hometown. My advice would be to call....not write, not email, but CALLl......the nearest AUS Embassy, and speak with the in-house Immigration Officer. S(He) will give you valuable information, and direct you to the proper paperwork for your travels to AUS. Be warned, if you do not have a career which would fit under the scope of "emergency employment" in AUS, then forget that part. If you don't have $250,000. to invest in real estate, or $500,000. to invest in a business, forget it. Another good immigration plan is to have family in AUS...no problem. With your friend in school, and without a "career" job, unfortunately your chances of immigrating to AUS to live happily thereafter might be a dream, rather than a reality. One thing you can do is travel to SYD on a 3-month Visa, and towards the end of 3 months, fly to NZ or Fiji for an overnight stay, and then have your Visa re-stamped for another 3 months.

As was stated earlier, don't falsify any answers as they have purposely increased their Immigration protocol to off-set any possible terrorism issues. That alone should keep everyone pristinely truthful!

Is there a way to marry someone in Australia and not be required to go back(in my case to the United States) and apply for a different kind of visa and have to pay for an extra flight across the world. I currently hold only a "tourist" visa.Are you in the US or in Australia at the moment?

If you're in the US, follow the advice that's already been given and investigate your options with your nearest Australian consulate. (The Embassy itself is in Washington, but these matters are dealt with by consular departments and there's likely to be a consulate closer at hand - although it may be that they can deal with queries by electronic communication to a central point.)

If you're in Australia at the moment and thinking of getting married and then staying on, without leaving the country, you need specialist local immigration advice. I would urge you to get that, rather than merely relying on an Internet bulletin board. FT is a good source of reliable information, and we'll all help where we can, but this is something that is too important to leave to any sort of chance.

Last August I returned from 3 months in TAS. As my friends convinced me to apply for an extension of 6 months, the law suddenly changed where one would have to pay $200, fill out an enormous amount of paperwork, and have a face-to-face interview with an immigration official. It would be up to the subjective decision of the Immigration Officer to allow an extension, or not. Where the $200 went, I don't know, but you don't get it back.

Hurridly, I paid premium to get a seat out of SYD before my original Visa expired. It was widely publicized that anyone over-staying their Visa date would visit the Immigration Holding Cells, while officials decided how much to levy in fines, how long you would have to stay in their Holding Cells, and as a coups de grace, place your name on the "Unwanted List" just before they threw you on a plane out of there!

As I was told later, if I wanted to file any papers relative to staying in AUS, I should have done it while I was in my hometown. My advice would be to call....not write, not email, but CALLl......the nearest AUS Embassy, and speak with the in-house Immigration Officer. S(He) will give you valuable information, and direct you to the proper paperwork for your travels to AUS. Be warned, if you do not have a career which would fit under the scope of "emergency employment" in AUS, then forget that part. If you don't have $250,000. to invest in real estate, or $500,000. to invest in a business, forget it. Another good immigration plan is to have family in AUS...no problem. With your friend in school, and without a "career" job, unfortunately your chances of immigrating to AUS to live happily thereafter might be a dream, rather than a reality. One thing you can do is travel to SYD on a 3-month Visa, and towards the end of 3 months, fly to NZ or Fiji for an overnight stay, and then have your Visa re-stamped for another 3 months.

As was stated earlier, don't falsify any answers as they have purposely increased their Immigration protocol to off-set any possible terrorism issues. That alone should keep everyone pristinely truthful!

Generally, you will be kept for a bare minimum time. Long enough for checks to be done on your background and outstand criminal records so that it can be decided if are wanted in AU on any charges, if you are suspect, or if you are wanted in any country where we have an extradition treaty. You are billed somewhere in the region of $110 p/n AU for accomodation expenses, and also are handed a bill for your repatriation. Also, if needed, you will be expected to pay for escorts when the officers deem it warrented. To be honest, the bill isn't forced payment. If you dont pay, the government doesn't hound you generally. You just wont be able to get back into AU, and I'd expect to have a couple black marks against your name in many countries.

You can go in and meet with immigration officers, and get advice. They are generally friendly as long as you are, and aren't asking really suspect questions.

And leaving australia and re-enterting repeatedly has been to known to cause waves.

The biggest problem I've found with immigration is that while I can generally find the answers I want in AU easily enough (for a governmental agency at least), its very hit and miss trying AU embassies. Its a bit like trying for award tickets...if you're not getting the help you want, try again later. Eventually there is someone that knows the answer, or who to put you thru to.

Going there in Febuary...ITs a roundtrip ticket.

Frankly I am shocked that it so hard to get into Australia. I thought(although not sure) that to get into the United States you only need to be married. There aren't income level requirements for the person coming in. I probably make enough in the States that I could "sponsor" her if the same thing arrises(I work for the TSA in Cleveland, Ohio). Maybe I will have to go talk to the Customs and Immigrations guys and see what my options are bringing her here.

From the Australian government web site at http://www.immi.gov.au/facts/30partners.htm

Fiancé(e)s overseas
A person overseas who wishes to marry their Australian fiancé(e) may apply for a Prospective Marriage visa.

It is a requirement of a Prospective Marriage visa that the parties have met and be known to each other in person.

Fiancé(e)s who apply successfully for a Prospective Marriage visa receive a temporary visa which is valid for nine months from the date of the visa grant. They must travel to Australia and marry their sponsor within that period and, if they wish to, then apply for a Spouse visa.

If all legal requirements are met, applicants will be granted a temporary Spouse visa, followed by a permanent Spouse visa if the relationship is still continuing at the end of two years after lodgement of the Spouse visa application.


Fiancé(e)s in Australia
People already in Australia on temporary visas are unable to extend their stay in Australia by applying for a visa as a fiancé(e). There is no visa category available to cover this situation.

However, if the marriage takes place during the period of authorised stay, the person may be eligible to apply in Australia for a Spouse visa.

I just got just came back from SYD and MEL. I was very surprised to see several adverts in tourist booklets in Melbourne from the government of Victoria seeking skilled people willing to immigrate there. I had always heard that Australia was very closed to immigration. Evidently not.

PS - I saw the same thing in New Zealand.

(dup)

skilled people
That is the key. The USA is also facing a shortage of people with certain skillsets, e.g. nurses, project managers, some kinds of computer programmers. If you lack such skills, however, the waiting list for permanent residency in the US can be 10 years.

New Zealand has a particular problem because their economy is not very large and educated young people can often find more lucrative opportunities in Australia or the UK than at home.

OZ is a toughie. I tried to get a a work visa through sponsorship while I was there and was told even if someone wanted to sponsor me, I would have to leave and come back when it cleared. A visa run if you will.

A friend of mine married an Aussie but they met here in NYC. She was able to live there a few months at a time but she had to keep doing visa runs (NZ, Fiji, etc) until the married papers processed. A hassle but better then going all the way back to the US.

When you are in Melbourne, talk to a registered migration agent. My first chat was free, and I did ultimately engage her to get my permanent residency. It was a lot of hard work and running around but I got it within 18 months. And the only reason it took so long is because the US puts a low priority on foreign government requests for background checks. Australia changed those rules, meaning that you can, provided you meet certain guidelines, request your own FBI background check. That would have shaved 7 months off my wait time.

I just got just came back from SYD and MEL. I was very surprised to see several adverts in tourist booklets in Melbourne from the government of Victoria seeking skilled people willing to immigrate there. I had always heard that Australia was very closed to immigration. Evidently not.

PS - I saw the same thing in New Zealand.


The Los Angeles Times Business Section printed an article a few days ago with the Heading and Sub-Heading: "Seeking People to Work Down Under
Australia, which is facing a shortage of skilled labor, is looking abroad to fill the gap"

The article is here...
http://www.latimes.com/business/la-fi-aussie20jan20,1,6354654.story?ctrack=1&cset=true

Does anyone know the general guidelines for marrying someone in Australia and being able to stay there. Here is my scenerio.

I been "cyber-dating" a girl from Melbourne for a little over a year. We finally met last May for two weeks when i went there. Things went pretty well. She is in school and doesn't have a job. I have a job and make a decent living for a single guy but definely am not "rich".


Is there a way to marry someone in Australia and not be required to go back(in my case to the United States) and apply for a different kind of visa and have to pay for an extra flight across the world. I currently hold only a "tourist" visa.

Last time I was there she was begging for me to stay. I told her I thought that Australian immigration would come after me if I stayed. It broke my heart to do that but then again I felt like I had very few options.

This is a mess just waiting to happen..
If you marry an Australian you are not automatically allowed to stay in Australia.. To do this you have to comply with all the immigration criteria and this is difficult. I became engaged to my husband while on a temporary visa to Australia and it took over two years for my visa to be processed. It involved exactly the same medicals, interviews and paperwork as a person trying to immigate without marriage. They didnt make me return home but other people who did the same have been forced to return home and apply from their place of citizenship.. just be aware of this one.. I am sure there are sites which can give you info on this www.immi.gov.au is a site which can help out I hope.. goodluck..

The best advice is not to take anything written above too seriously -- a lot of it simply need not apply to you if you plan it properly. Do your own research carefully!

As I understand your situation, you are currently outside Australia, planning to visit in February, and then at some later stage maybe to come to Australia in order to get married. This should not be a problem, in any way. I don't think there will be any income requirement for you or requirement to invest $250,000! You will not be imprisoned in holding cells, and the officials will not be "pr1cks". What you will need to do, however, is complete fairly extensive paperwork, and provide various documentation. There is always a fee for the processing of such applications (I have no idea how much, but I thought $200 sounded quite reasonable above!).

However, if you break the rules (e.g by deliberately overstaying your tourist visa), the officials will be firm, as in most countries in the current age. The same would be true in the US, I am certain.

Your other alternative was to get married outside Australia -- you should be aware that you will still need to apply for a proper visa as a spouse when you next visit Australia, even if you are already married, and likely go through a similar process.

Australia is very open to immigration by world standards (though probably less so than the US). There is a big list of occupations in demand (obviously does not apply to someone getting married to an Aussie), for whom permanent migration is a possibility. And there is humanitarian migration on a modest scale. Without getting political about it all, the current government has a debatable track record with refugees arriving without prior authorisation.

All migrants, whether by marriage or not, will need to pass the 'character test' as I understand it -- i.e not have a major criminal record etc. I am not sure about health tests for spouse/fiancee visas: perhaps somebody can clarify this.

I am also not up to date on the issue of dual citizenship. Australia allows it, but last I heard the US did not allow it -- you could either retain US citizenship in that case or drop it in favour of Australian.

I wish you the best with your decisions: not easy for either of you. Whatever you end up doing, I hope that it works out well!

I have used the services of a migration agent based in Melbourne, and would be happy to recommend her if you wish. If you are applying from overseas (as you have been strongly advised to do), then this may or may not be the best solution. To be honest, the DIMIA website is excellent, and all the paperwork is clearly designed to be completed without the help of an agent.

As I stated in my previous message, unless you start your Immigration papers from your own country, it is terribly difficult to apply in AUS when you have a 3-month Visitors Visa. Another thing, don't get all excited by the ads declaring that you can simply apply for work in NZ or AUS; as the ad so blaringly stated that people are needed to work, but in the very small fonts, it states "SKILLED" labor needed. They are looking for the same "skilled" laborers as in the US, ie: nurses, doctors, engineers, pharmacists, etc. If you think you can qualify, by all means apply. Otherwise, your best bet is to work with the AUS Embassy (Wash), or the AUS Consulate nearest your big city.
Good Luck!

Frankly I am shocked that it so hard to get into Australia. I thought(although not sure) that to get into the United States you only need to be married. There aren't income level requirements for the person coming in. I probably make enough in the States that I could "sponsor" her if the same thing arrises(I work for the TSA in Cleveland, Ohio). Maybe I will have to go talk to the Customs and Immigrations guys and see what my options are bringing her here.

There are a number of restrictions in both countries. The USA definitely has income requirements if you are sponsoring your bride to be. Both countries require criminal record checks, physicals, and lots of money for permanent residence. Work visas are slightly different, but still require a large amount of paperwork, time, and cash.

As the others have mentioned, call the embassy, get the paperwork, and really understand what you are required to do. Australian permanent residency can take 3 to 12 months to obtain at $2000 to $3000 by the time you complete all the requirements. Similarly sponsoring your "wife" can be 3 to 6 months and $1500 to $3000 depending upon tasks that you have to complete.

Australian hospitality is definely first rate.

...
I am also not up to date on the issue of dual citizenship. Australia allows it, but last I heard the US did not allow it -- you could either retain US citizenship in that case or drop it in favour of Australian.
...


Like most things, the answer is "it depends"...

If the country in question doesn't have any laws or regulations requiring you to formally renounce your U.S. citizenship before U.S. consular officials, under current U.S. law, you have the right to keep both citizenships for life.

From the US Department of State website:

A person who:

is naturalized in a foreign country;
takes a routine oath of allegiance or
accepts non-policy level employment with a foreign government
and in so doing wishes to retain U.S. citizenship need not submit prior to the commission of a potentially expatriating act a statement or evidence of his or her intent to retain U.S. citizenship since such an intent will be presumed."

Good website for faqs on this:
http://www.richw.org/dualcit/faq.html

Another good website, for a community of people waiting to get into Australia:
http://www.austimeline.com/index.jsp

On their document page they also have a copy of booklets related to special situations (like marriage). Its a great site for checking up on whats happening with other people and its pretty easy to find others who are going through what you are. I would have posted it last time, but I thought it had died. I checked it again, when looking for the Dual Citizenship link in my favourites, and voila!

Another good website, for a community of people waiting to get into Australia:
http://www.austimeline.com/index.jsp

That is a great link, I wish I had seen something like this when I applied. Just a few quick click through's show waits of 6 to 12 months which was very typical in my case and a few others.