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  • 1 Post By dusty_springfield

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Old 09-12-2011, 04:14 AM
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confused

Can i change my bridging visa to spouse visa while i m here in AUSTRALIA with my wife (AUSTRALIAN CITIZEN ) OR do i have to go back and apply from my home country ? need help urgent


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Old 09-12-2011, 07:16 AM
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Firstly what visa where you on previously?

Also what type of bridging visa are you on and why?


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Old 09-13-2011, 05:45 AM
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hi
thanks for rply,
i was on student visa finished my hospitality diploma then applied for TR on that base i m on bridging visa,i got case officer appointed on my application,i know my application gonna refused coz i don't have required documents,
so i want to apply for MRT so that i can get enough time to get married with my girlfrnd (PR) and apply for spouse visa ?
can i do that ? if i can how should i organise everything ?
plzzzzzzz help


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Old 09-13-2011, 06:53 AM
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I'm not 100% sure if you can apply for another visa, most probably yes, so for that call immigration on 131 881.

As for getting married to apply for a partner visa:
- a partner visa is for married and de facto (unmarried) couples
- if you apply as a de facto couple you must have been living with your partner for the entire 12 months immediately prior to applying. Getting married just means that you don't need that 12 months, but the application doesn't change at all.

Getting married will not guarantee that the partner visa will be granted. You have to realise that partner visas require a lot of evidence proving a genuine relationship (as guided on page 41 of the partner migration booklet):
http://www.immi.gov.au/allforms/booklets/1127.pdf

Immigration analyses partner visa applications closely, and if you get married in order to get a visa to stay in Australia, they will know.

If you truly are in a de facto relationship with your partner, and that the relationship is genuine and ongoing, then by all means apply for the partner visa as a de facto couple - you should not however get married for the purposes of a visa because not only is it dishonest, but you will just be wasting your time and money.


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Old 09-13-2011, 09:13 AM
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our relationship is geniune and ongoing we met 8 months ago,but we are not been living togather,which is required for defecto relationship


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Old 09-13-2011, 10:06 AM
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Quote:
Originally Posted by mitti View Post
our relationship is geniune and ongoing we met 8 months ago,but we are not been living togather,which is required for defecto relationship
Where do you live?
If you live in NSW you can register the relationship at Births, Deaths and Marriages which will waive (get rid of) the 12 month requirement.

If you want to get married, you might want to consider applying for a prospective marriage visa. You have to apply offshore for this visa. You won't have trouble with it, you only have to have met your partner once in person, which you've done.
http://www.immi.gov.au/migrants/part...ospective/300/

You apply offshore for the prospective marriage visa, once granted it allows you to enter Australia and you have 9 months to get married, after which you must apply for a partner visa.


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Old 09-13-2011, 11:48 AM
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Hi mitti,

As I know you may not be eligible to apply spouse visa onshore if you don't hold a substantive visa and bridging visa is not a substantive visa. But as Sarah said, you guys can get marry in Au or apply PMV, these 2 have to apply offshore, also better check with DIAC.

Cheers


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Old 09-13-2011, 01:00 PM
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Quote:
Originally Posted by dusty_springfield View Post
Hi mitti,

As I know you may not be eligible to apply spouse visa onshore if you don't hold a substantive visa and bridging visa is not a substantive visa. But as Sarah said, you guys can get marry in Au or apply PMV, these 2 have to apply offshore, also better check with DIAC.

Cheers
Hey dusty, I just found this:

If you are applying in Australia, you may not be eligible for this visa, if you or your accompanying dependent family members:
- do not hold a substantive visa (that is; a visa that is not a Bridging visa or a Criminal Justice visa) and your previous visa has ceased

Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801)

It says you can't apply for the partner visa if you are on a Bridging visa, but why do they mention "and your previous visa has ceased", the fact of being on a Bridging visa already implies that the previous visa has ceased. I think our suspicions are right, you can't apply for a partner visa from a Bridging visa.


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Old 09-14-2011, 12:39 AM
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Yah Sarah,

I just found out these useful info explains our confusion as well, that if you are not holding a substantive visa or you are bridging visa holder, you may be able to apply for spouse visa if you can establish your circumstance fall within:

1. 28 days rule. If your last Australian visa has expired, you are still eligible to apply within 28 days of the expiry date.

2. After 28 days you then must establish compelling circumstances. Compelling circumstances can be a child of the relationship with the Australian citizen or permanent resident or the relationship has been going for 2 years or more.

From IARC information sheet 1.

Cheers

SarahM likes this.


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