Question of the Week



Which visa is better? Partner Visa or Prospective Marriage Visa?

Category: Partner Visa

Question asked

Hi, My partner and I are looking to marry and apply for partner visa. We would like to know if it is better and quicker to apply for prospective marriage visa to marry in australia, or marry overseas in new zealand for example and apply for partner visa. I am an Australian citizen, my partner is a brazilian citizen.

She was in australia previously for 15 months on a student visa and completed her diploma.

We are currently in Brazil together for a holiday and wanting to discuss the process. After this my partner will be going to france on a working holiday Visa, and I will be returning to australia.
A.

Answer provided by Migration Agent

Hello A.
I am Rosemary, one of the consulting Migration Agents on Ask-An-Agent.

I guess the answer to this question is that both these visas are currently taking time. Putting in a solid application will shorten the process so I wonder what kind of evidence you have to back your application. You would also need to ask yourselves how long you are prepared to be apart. If your partner is going to France I presume that will be for 6 to 12 months. That will take up a lot of the waiting time but in order to come back into Australia, if all previous visas have been complied with, it will be possible to come back on a Tourist visa 3 months at a time. Or maybe just three months, dependent on the visa granted. The tourist visa as you know will not give work rights.

In general the Prospective Marriage visa is quicker to obtain but you must apply out of Australia and be out of Australia when granted. Also as it is a Prospective Marriage evidence such as leases and common bills etc are not as essential.

The Partner Visa can be applied onshore or offshore. If you apply onshore a Bridging Visa will be granted at the expiry of the visa (for example a tourist visa) which usually also gives work rights and Medicare benefits. If you apply for a Partner VIsa offshore, it can take up to two years for the grant. Again, once it has been applied for, it may be possible to apply for and be granted a Visitor Visa for 3 months at a time - but no work rights and no Medicare of course.

I do hope this has answered your questions.
If you need any further clarification. Do not hesitate to ask. If you need further services from myself, please contact Amy at amy.jacobson@ask-an-agent.com.au - and don’t forget to mention your Question ID so that I can keep providing immigration services to you.

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