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Discussion Starter · #1 ·
Hi all!
My husband (permenant resident residing in Australia)applied for my visa (i live in pakistan)subclass 309/100 on 1st july 2021 after our online nikkah (due to covid). We have uploaded our legal documents, police clearance certificates, screenshots of our continous contact etc .I would like to know if anyone else is also in same boat waiting for visa. My current stage is further assessment . Has anyone been granted with visa in such situations.If so then can you please share timeline?
 

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It seems you haven't met in person, even if you have met, it seems you did not live together for any period of time as you are Muslims. Sound for me very complicated.
Nikah (Islamic verbal marriage) is not something legal for 309, and if you don't have a legal marriage contract this means you have applied for the wrong visa subclass. And if you married remotely and obtained a marriage certificate, this is also not enough if you did not live together.
If this is the situation, please find out an immigration agent to help you as soon as possible.
 

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Discussion Starter · #4 ·
Problem was covid. He couldnt travel to our country due to Australian flight ban and our marriage took place online.Our marriage is registered in our country. We have all the legal documents plus nikkah pictures that invlived mine and his family. Plus we update regular contact video call screenshots on our account. Receipts of birthday gifts sent to each other. Is this still not enough? Considering the fact Australia had strict travel ban?
 

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Problem was covid. He couldnt travel to our country due to Australian flight ban and our marriage took place online.Our marriage is registered in our country. We have all the legal documents plus nikkah pictures that invlived mine and his family. Plus we update regular contact video call screenshots on our account. Receipts of birthday gifts sent to each other. Is this still not enough? Considering the fact Australia had strict travel ban?
The border now is opened, he can actually travel any time. Also, he could have applied for an exemption to travel during the lockdown, they are a bit easy with those who are traveling to get married.
From my own experience, I believe this case is not going to be easy, you need to do lots of work to fix your application, it is not about documents, it is about showing them a genuine relationship. Consider also you are from a high-risk country and you haven't met in person.
Ask your husband to visit an immigration agent to seek advice, it might cost you around $300 but it will help you a lot.
 

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Discussion Starter · #8 ·
Hi all!
My husband (permenant resident residing in Australia)applied for my visa (i live in pakistan)subclass 309/100 on 1st july 2021 after our online nikkah (due to covid). We have uploaded our legal documents, police clearance certificates, screenshots of our continous contact etc .I would like to know if anyone else is also in same boat waiting for visa. My current stage is further assessment . Has anyone been granted with visa in such situations.If so then can you please share timeline?
The border now is opened, he can actually travel any time. Also, he could have applied for an exemption to travel during the lockdown, they are a bit easy with those who are traveling to get married.
From my own experience, I believe this case is not going to be easy, you need to do lots of work to fix your application, it is not about documents, it is about showing them a genuine relationship. Consider also you are from a high-risk country and you haven't met in person.
Ask your husband to visit an immigration agent to seek advice, it might cost you around $300 but it will help you a lot.
 

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Hi all!
My husband (permenant resident residing in Australia)applied for my visa (i live in pakistan)subclass 309/100 on 1st july 2021 after our online nikkah (due to covid). We have uploaded our legal documents, police clearance certificates, screenshots of our continous contact etc .I would like to know if anyone else is also in same boat waiting for visa. My current stage is further assessment . Has anyone been granted with visa in such situations.If so then can you please share timeline?

Oh boi! Not scaring you, I hope things work out for your guys at the end. But you need some serious help.

I hope your husband didnt tick on prospective partner visa because there is an option on the application when you apply 309/100 because there is a condition for prospective that you should have met in person.

When you said there was a travel restrictions. Did he atleast tried for the travel exemption and got refused? Was there a intend to even go back for wedding? Its very tricky case and could also set a precedent but for now. You should seek professional help or you could kiss $7k good bye.
 

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Discussion Starter · #10 ·
Thankyou everyone for responding . We will definitely look into this as we both were quite satisfied with our application. I would like to know if in current scenario there is any chance that CO will be contacting us?
 

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Thankyou everyone for responding . We will definitely look into this as we both were quite satisfied with our application. I would like to know if in current scenario there is any chance that CO will be contacting us?
If your application is totally complete, immigration will not need to contact you. They can make their decision on your complete application.

Is your online marriage legally recognised in Australia? Do you have a government issued marriage certificate?
 

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Thankyou everyone for responding . We will definitely look into this as we both were quite satisfied with our application. I would like to know if in current scenario there is any chance that CO will be contacting us?
I was granted my visa in 2018 with no contact from my case officer. The case officer can take the decision with no need to contact you.
I think in your case CO will contact you. As I said before you still can fix your case if you follow professional advice before the case officer processes your application.
 

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Discussion Starter · #13 ·
I get it.Can my husband apply for my visit visa in this case? If so what subclass should be applied? your help is much appreciated.
 

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He can get a visitor visa, but might need to wait until borders reopen. It would be difficult to get a travel exemption if you never met in person.
 

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He can get a visitor visa, but might need to wait until borders reopen. It would be difficult to get a travel exemption if you never met in person.
You can apply for tourist Visa and apply for exemption at the same time based on that you are married now. Upload the marriage certificate in the exemption and other documents proving that your relation is genuine. Financial aspect, hosehold aspect, mutual commitment etc etc and omce your exemption is approved. It will be easy for your Visa to be approves too.
 

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sponsored family stream? and is there any chance if it will be granted when 309/100 is already under process?
In my opinion, your husband needs to travel to you first; meet you in person, then everything might be easier. The question will be why you are trying to come to Australia and your husband doesn't want to travel to you? In some cases applying for a visitor visa while 309 is under process is helpful, but in your case, things might be a bit different.
Seeking professional advice will give you an answer to all your questions.
 

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I see everyone is saying to seek for a legal help because. There is no provision in Australia Law where you can get married online. What would happen in this case that the CO will refuse ( I really hope not) the application and you have to appeal where you need the make your case even stronger for the tribunal to revert it back to the DHA to re access the case based on new finding. As I said before your case can set a precedent if this case get approved.

Have guys register your relation in Australia before getting married. In the respective state? Its not mandatory it could help in the application
 

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I see everyone is saying to seek for a legal help because. There is no provision in Australia Law where you can get married online. What would happen in this case that the CO will refuse ( I really hope not) the application and you have to appeal where you need the make your case even stronger for the tribunal to revert it back to the DHA to re access the case based on new finding. As I said before your case can set a precedent if this case get approved.

Have guys register your relation in Australia before getting married. In the respective state? Its not mandatory it could help in the application
 
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