What ‘exactly’ is a Fiancé Visa

An Australian Fiancé visa is a visa which, as it suggests, is for those couples that are engaged to be married. The Thai or Filipina (or other nationality) fiancé of an Australian citizen or permanent resident can look to apply for a Fiancé visa. The ‘Applicant’ needs to meet a number of criteria which relate to her health, character, financial position, work and relationship history. The Australian ‘Sponsor’ can assist his fiancé with the financial requirements.

Fiancé visas can only be applied for outside of Australia. Both you and your fiancé will need to fill in application and other forms and collect a substantial amount of supporting documentation. There are strict rules about the format of the documentation to be submitted.

Dependent children and dependent adults of the ‘Applicant’ can be included in the Fiancé visa application. Obviously, custody arrangements for any children need to be dealt with beforehand. Where a child has dual custody any non migrating parent must sign off on the child’s migration.

The processing time for an Australian Fiancé visa varies from Embassy to Embassy and can take anywhere from 3-12 months or more. The speed of processing depends on whether you are deemed to be from a high or low risk country, (Thailand and Philippines are considered to be high risk) seasonal variation in the case load numbers, and other factors. Well prepared applications are always processed more quickly than poorly prepared applications – the lack of even 1 document can lead to a delay of many months!

Once the visa is granted your fiancé can travel to Australia and marry you. Your fiancé can work once she enters Australia on her Fiancé visa and travel to and from Australia without restriction. You and your fiancé must marry within 9 months of the grant of the Fiancé visa. Once married your spouse can apply for the Partner visa which will lead to permanent residency – it will be the last visa she ever needs.

Getting engaged to your fiancé does not guarantee her a Fiancé visa. We recommended that you speak to  skilled and experienced Migration Agent to advise you whether or not you qualify for the Fiancé and to assist you with the preparation. The visa application fee is about $2000 Australian dollars and is non-refundable should your application be refused. So you want to get it right the first time!

The Australian Fiancé visa

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The Australian Fiancé visa is a highly specific visa which requires a considerable number of legal criteria to be met. For example, the visa must be applied for outside of Australia. The visa Applicant must also be outside of Australia when the application is submitted and granted. The Fiancé visa is valid for 9 months during which time the holder of this visa must enter Australia and marry their fiancé.

The Australian Fiancé visa is a great visa which will allow the Applicant to enter and leave Australia as many times as they wish within the visa validity period. The holder of an Australian Fiancé visa is allowed to work unlimited hours and study. After you marry your Fiancé you can then proceed to apply for a Partner visa.

A Fiancé visa will be granted or rejected based upon the specific circumstances of the Applicant and their fiancé. The Department of Immigration and Citizenship (DIAC) is concerned with many factors, including the genuineness of the relationship, the character and health of the Applicant, as well as the financial capabilities of both the Applicant and Sponsor. DIAC will make enquiries based upon these and other issues. Unless strict guidelines are followed and all enquiries are satisfied it is highly likely that a visa application will be rejected. A significant amount of supporting documentation is required. If even one supporting document is missing significant delays can be experienced, to say the least.

At Australian Visa Advice, our training and experience will take the stress and confusion out of what can be a complex procedure. We often take on clients who have had their visa applications rejected because they have either tried to obtain the visa themselves or used unqualified and inexperienced Migration Agents. They have wasted precious time and money.