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Discussion Starter · #1 ·
i am new here i arrived in australia three months ago on an eta tourist visa and my first three months is up so i am heading to nz for few days so i can come back and continue with my boyfreind. i want to get married to him and dont know if we shud get married in nz and reenter australia or if we shud get married here in australia to apply for spousal visa? can anyone help me???
 

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Hi,

I think you have 3 options:

You could apply for a prosepective marriage visa outside Australia. Then once it's granted you can re-enter and marry within 9 months of entry. You would need to show you are free to marry i.e. not currently married, and have a notice of intent to marry. This fiance visa doesn't require 12 months of living together like the de facto visa, but you still need to prove the same level of genuineness.

If you don't have enough time to gather all the evidence, maybe you could marry in NZ and apply for a spouse visa from there right away. You could spend some honeymoon time in NZ while the application is being processed. But you would need enough funds to stay there until it is granted, since offshore visas can only be granted offshore.

Alternativley, you could get married at a registry office in Australia before you go, but you possibly should have applied for this at least one month prior, so you may not be able to do it. Or, as you said, you can also come back with a tourist visa, get married in Australia and apply onshore. It could get tricky though if you get a no further stay condition on the visa, or if they suspect you are in a reliationship with someone, in which case they may refuse the visa.
 

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Discussion Starter · #3 ·
Hi,

I think you have 3 options:

You could apply for a prosepective marriage visa outside Australia. Then once it's granted you can re-enter and marry within 9 months of entry. You would need to show you are free to marry i.e. not currently married, and have a notice of intent to marry. This fiance visa doesn't require 12 months of living together like the de facto visa, but you still need to prove the same level of genuineness.

If you don't have enough time to gather all the evidence, maybe you could marry in NZ and apply for a spouse visa from there right away. You could spend some honeymoon time in NZ while the application is being processed. But you would need enough funds to stay there until it is granted, since offshore visas can only be granted offshore.

Alternativley, you could get married at a registry office in Australia before you go, but you possibly should have applied for this at least one month prior, so you may not be able to do it. Or, as you said, you can also come back with a tourist visa, get married in Australia and apply onshore. It could get tricky though if you get a no further stay condition on the visa, or if they suspect you are in a reliationship with someone, in which case they may refuse the visa.
thanks for the help wat wud put a no futher stay condition on my visa? i mean if i were to get married here in oz wudnt i just have to prove with my husband that we are legitamently married?
 

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Hi again,

Certain tourist visas may have a no further stay condition imposed of them, for example 6 or 12 month visas. Or, if the applicant is from a 'high risk' country. If you have an ETA, it shoudn't apply to you though.

I only put the warning in as some people with tourist visas have been questioned by customs about their intentions once in Australia and their reasons for having multiple tourist visas. So if you said you were going to get married, but didn't have a spousal visa of some sort in your passport, they might not like this since you only have a tourist visa and your actions (i.e. applying for a spousal visa that can lead to PR) are going against the purpose of a tourist visa. Note, on the DIAC site it says that tourist visas are meant for visitors to travel temporarily and leave the country.

Of course, if you apply for a prosective marriage visa, or get married and apply for a spouse visa, this won't apply since the visa will show your reasons for entering Australia clearly.

Again, I suggest you contact DIAC and ask them what they think you should do if you're really not sure.
 

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Discussion Starter · #5 ·
Hi again,

Certain tourist visas may have a no further stay condition imposed of them, for example 6 or 12 month visas. Or, if the applicant is from a 'high risk' country. If you have an ETA, it shoudn't apply to you though.

I only put the warning in as some people with tourist visas have been questioned by customs about their intentions once in Australia and their reasons for having multiple tourist visas. So if you said you were going to get married, but didn't have a spousal visa of some sort in your passport, they might not like this since you only have a tourist visa and your actions (i.e. applying for a spousal visa that can lead to PR) are going against the purpose of a tourist visa. Note, on the DIAC site it says that tourist visas are meant for visitors to travel temporarily and leave the country.

Of course, if you apply for a prosective marriage visa, or get married and apply for a spouse visa, this won't apply since the visa will show your reasons for entering Australia clearly.

Again, I suggest you contact DIAC and ask them what they think you should do if you're really not sure.
thank you u r too cool...appreciate the assistance...
 

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Your current ETA should not have a No Further Stay condition on it and though questions can be asked on re-entry about your intent, if it is just to stay longer with a friend or whatever and you have sufficient funds that ought to be fine for the ETA does allow multiple entries.

As for getting married, that alone will not guarantee you a partner visa and you'll need to be able to show you have a bonafide relationship and commitment to a future together.
I'd suggest you have a read of Booklet #1 from Family - Visas & Immigration
 

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Discussion Starter · #7 ·
Hi,

I think you have 3 options:

You could apply for a prosepective marriage visa outside Australia. Then once it's granted you can re-enter and marry within 9 months of entry. You would need to show you are free to marry i.e. not currently married, and have a notice of intent to marry. This fiance visa doesn't require 12 months of living together like the de facto visa, but you still need to prove the same level of genuineness.

If you don't have enough time to gather all the evidence, maybe you could marry in NZ and apply for a spouse visa from there right away. You could spend some honeymoon time in NZ while the application is being processed. But you would need enough funds to stay there until it is granted, since offshore visas can only be granted offshore.

Alternativley, you could get married at a registry office in Australia before you go, but you possibly should have applied for this at least one month prior, so you may not be able to do it. Or, as you said, you can also come back with a tourist visa, get married in Australia and apply onshore. It could get tricky though if you get a no further stay condition on the visa, or if they suspect you are in a reliationship with someone, in which case they may refuse the visa.
heading to new zealand tomorrow for 3 days and then plan on coming back into australia for another 3 months however i am concerned that i wont be allowed back into australia wat are the chances im gona get refused? also if anyone can help id like some help understanding the bridging visa can that help me since i want to marry my boyfreind? Thanks
 

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I think im right in saying that to fly to NZ on a tourist visa you must have an onward flight booked otherwise they will refuse entry?? Wanderer may be able to clear that up though but im pretty sure ive seen him tell other people this.

I actually may need to do the same thing when my WHV expires, im also very worried that i may not get back in. Quite a stressfull time ...
 

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I think im right in saying that to fly to NZ on a tourist visa you must have an onward flight booked otherwise they will refuse entry?? Wanderer may be able to clear that up though but im pretty sure ive seen him tell other people this.

I actually may need to do the same thing when my WHV expires, im also very worried that i may not get back in. Quite a stressfull time ...
That's correct coyle but snuggles has an ETA which allows re-entry to Australia.
If you have funds snuggles and you have just decided you want to see more of Australia and have some idea of places other than where you have been, even if you'll still be spending some time with the Bf or even travelling with him, it ought to be fine.
If you decide on getting married, you could then put in a spouse visa application and a bridging visa will apply from the time your next stint on the ETA finishes until you have a spouse visa granted or not.
 

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Discussion Starter · #10 ·
That's correct coyle but snuggles has an ETA which allows re-entry to Australia.
If you have funds snuggles and you have just decided you want to see more of Australia and have some idea of places other than where you have been, even if you'll still be spending some time with the Bf or even travelling with him, it ought to be fine.
If you decide on getting married, you could then put in a spouse visa application and a bridging visa will apply from the time your next stint on the ETA finishes until you have a spouse visa granted or not.
made it back to australia few questions wen i passed customs but nothing that made them keep me out of oz thank god now idk wats to hapen next. can my bf nd i go to nz again marry nd come back to oz married nd apply for the spousal visa or do we stay here nd apply for the visa im not sure how many more times they customs is gona allow me to leave oz nd come back every 3 months i only did it once nd they questioned me someone please help me with the next step...thank you
 

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Snuggles,

If it were me, I would get married in Australia and put in an onshore spouse visa. As you say, it's a pain going in and out every 3 months, and they did grill you somewhat when coming back in. Get cracking now to go to apply for a NOIM (Nomination of intent to marry). You only need to do it a month in advance of the wedding date. It may not be how you imagined your perfect wedding to be, but you could also register the marriage at a registry in order to get the spouse visa ASAP, then put your energy into planning a full wedding.

Or, you could plan the wedding in OZ first, go out after this 3 months is up and apply for a PMV to get back into OZ.

Another choice could be to arrange a wedding overseas somewhere, you get married and apply for a spouse visa. I have read in the partner booklet:

To apply outside Australia on the basis of marriage, you must either be legally married to your partner at time of application or intend to legally marry your partner in the near future (before a decision is made on the temporary Partner visa).

I know it's confusing, but if you are still unsure what to do, get on the phone to DIAC and ask. You don't have to give them your full name or anything if you're worried about getting caught out. But they can tell you better what your best option would be.
 

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Your options are:
. get married or see if you can get a relationship registration for either waives the 12 months relationship requirement that Immi have for a partner visa and then apply for a partner visa but you should also check all the eligibility requirements.
. put it off and try another exit and re-entry on the ETA and again it's the funds and reasoning
. if you feel you have the evidence and marriage or a relationship registration you could also travel out of the country and apply but why?
Whichever you choose - you especially want evidence to have Immi accept it is not a marriage of convenience and that you have a commitment to a continued relationship.
. even if you travelled out of Australia and then got a PMV to return, you'll still need to show some evidence re commitment etc.
By travelling outside and applying for either a partner visa or the PMV you're going to need to wait for the visa grant to return or again use your ETA.
One advantage of applying for the PMV is if it is granted, you'll have longer to consider and arrange marriage.
 
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