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Discussion Starter · #1 ·
Hi all,

I have a query and hope it will be useful for many others too..

I am getting married to an Australian PR in Jan 2015 and hope to get there as soon as possible. The following are the options available as per my knowledge and I wish to know which option works out to be the best.

1. Apply for Prospective marriage visa and and apply for partner visa subclass 309/100 after the issuance of marriage certificate. I guess it will take about 9 to 10 months from then , so I might be getting it around October,2015.

2.Apply for 476-Skilled graduate visa now, so that I can reach there around Feb,2015 positively. After reaching there I can apply subclass 801, which would take more than 12 months to be granted. However, I heard that it is possible to work or study with the bridging visa that would be provide as soon as I apply 801. Since only onshore migrants can apply for 801, I was planning to get there on 476 as early as possible.

3. Apply for 476 now, and after reaching there on Feb apply for 309/100. I am not quite sure if this is possible because on checking the forum, I still find people staying back in India while waiting for 309 to be granted.

The whole process is so confusing and intimidating !! Senior expats please help..
 

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Hi Sharonne,

I'd recommend to go with Option 1. You can convert your Prospective Marriage Visa application to a Partner Visa Application once you have the marriage certificate. It should be faster because processing has been underway for a couple of months already. Once your partner visa has been lodged, you can apply for a visitor visa (subclass 600) to join him in Australia. At the discretion of the CO it can be granted for 3, 6 or 12 months. The subclass 600 visa allows you to study in Australia for up to 3 months, but you cannot work.

You could try to get a 476 visa, but since you are engaged to be married to an Australian PR holder, DIBP may doubt that you'll leave the country after 18 months as intended. Once again, you could try it the other way round: Apply for the PMV first and then apply for the 476 visa, stating clearly in your application that you have a pending PMV application. Not sure how that would work out, though...
 

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Discussion Starter · #3 ·
Thanks

Hi Sharonne,

I'd recommend to go with Option 1. You can convert your Prospective Marriage Visa application to a Partner Visa Application once you have the marriage certificate. It should be faster because processing has been underway for a couple of months already. Once your partner visa has been lodged, you can apply for a visitor visa (subclass 600) to join him in Australia. At the discretion of the CO it can be granted for 3, 6 or 12 months. The subclass 600 visa allows you to study in Australia for up to 3 months, but you cannot work.

You could try to get a 476 visa, but since you are engaged to be married to an Australian PR holder, DIBP may doubt that you'll leave the country after 18 months as intended. Once again, you could try it the other way round: Apply for the PMV first and then apply for the 476 visa, stating clearly in your application that you have a pending PMV application. Not sure how that would work out, though...

Thank you so much espresso :)

PMV is a bit difficult because I do not have necessary documents as I got engaged very recently. PMV requires joint bank accounts, bills or evidence of staying together, none of which I possess. I have met him just once :rofl:

How about applying 476 as early as now indicating an impending wedding with him, since there is such a provision in the application? Will that create issues while granting 476?
 

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No, prospective marriage visa does not need joint anything.

You need evidence you have met face to face and evidence of planning for a wedding ie receipt for rings, wedding dress or church/temple booking etc

You then apply for spouse visa for a reduced fee once married and provide evidence of your marriage and of living in the same home.
 

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Hi, My name is Karola.

I have a delicate situation and I need some advice.

I was granted subclass 190 visa in January and I moved to OZ on August this year.

When I applied for this visa, my ex boyfriend was the secondary applicant. In the mean time we broke up, but he still wanted to come to Australia so we both activated our visas in August so we are both permanent residents.

After we broke up, i met my current boyfriend who is living in my home country. We are engaged at this point but I can’t find a solution to bring him here as soon as possible.

Is the fact that my ex was on my visa application….can this be a problem? Do I have the right to sponsor and bring here someone else now? His or my visa can be affected in any kind?

What are our possibilities?

Is the 12 months relationship a requirement for prospective marriage visa?

Can he apply for a tourist visa, come here and get married? Or the prospective marriage visa is a better choice? If we apply for PMV, can he come in Australia before a decision is made?

Thanks a lot mates!
 

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Hi, My name is Karola.

I have a delicate situation and I need some advice.

I was granted subclass 190 visa in January and I moved to OZ on August this year.

When I applied for this visa, my ex boyfriend was the secondary applicant. In the mean time we broke up, but he still wanted to come to Australia so we both activated our visas in August so we are both permanent residents.

After we broke up, i met my current boyfriend who is living in my home country. We are engaged at this point but I can’t find a solution to bring him here as soon as possible.

Is the fact that my ex was on my visa application….can this be a problem? Do I have the right to sponsor and bring here someone else now? His or my visa can be affected in any kind?

What are our possibilities?

Is the 12 months relationship a requirement for prospective marriage visa?

Can he apply for a tourist visa, come here and get married? Or the prospective marriage visa is a better choice? If we apply for PMV, can he come in Australia before a decision is made?

Thanks a lot mates!
You can't do much now. you have to wait for 5 years before you become eligible to sponsor next partner. Even the current situation is risky for you as you broke even before moving to Australia. It was your responsibility to inform DIAC that you broke with your partner.As per Immigration laws its a clear case of visa fraud.
 

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You can't do much now. you have to wait for 5 years before you become eligible to sponsor next partner. Even the current situation is risky for you as you broke even before moving to Australia. It was your responsibility to inform DIAC that you broke with your partner.As per Immigration laws its a clear case of visa fraud.
Dear Danav_Singh,

If I had announce the fact it was very probably that his visa was canceled.
But as he still wanted to come he asked me not to declare it.
What if I say we broke up after our arrival...?
Thanks again for your reply and patience.
 

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Dear Danav_Singh,

If I had announce the fact it was very probably that his visa was canceled.
But as he still wanted to come he asked me not to declare it.
What if I say we broke up after our arrival...?
Thanks again for your reply and patience.
Its not about who wants to come with you. you have to be provide 100% correct information to DIAC. if you are not staying with your ex partner then you should declare it now before its too late. but i frankly can't see how you can sponsor another partner now. there is a waiting period of 5 years. your declaration now might help you in future partner application as DIAC will definately investigate about genuiness of your previous relationship.
 

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Dear Danav_Singh,

If I had announce the fact it was very probably that his visa was canceled.
But as he still wanted to come he asked me not to declare it.
What if I say we broke up after our arrival...?
Thanks again for your reply and patience.
So you want us to advise you to commit visa fraud? :rolleyes:

You have an obligation to inform of changes as does he. It is irrelevant that his visa may have been cancelled.

You are now not eligible to sponsor and when you are you put your fraud into the spotlight. You now risk having your visa cancelled and being tried fir a criminal offence if visa fraud.
 
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