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prospective marriage visa AUS and INDONESIA - Page 23


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  #221 (permalink)  
Old 01-29-2013, 01:03 AM
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If you get married while your application for the PMV is being processed, you would have to notify DIAC, and your PMV application would be changed to a Spouse Visa application and the requirements for your case would change to the requirements for the spouse visa. So your wait would be longer, and the criteria would be harder. Additionally, I think there's an issue with getting married on a tourist visa.. but I'll wait for someone more experienced to chime in on that.

What country is your fiance from? You can get a better idea of general timelines if you know if he's from a high-risk or low-risk country.

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  #222 (permalink)  
Old 01-29-2013, 01:32 AM
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Quote:
Originally Posted by CollegeGirl View Post
If you get married while your application for the PMV is being processed, you would have to notify DIAC, and your PMV application would be changed to a Spouse Visa application and the requirements for your case would change to the requirements for the spouse visa. So your wait would be longer, and the criteria would be harder. Additionally, I think there's an issue with getting married on a tourist visa.. but I'll wait for someone more experienced to chime in on that.

What country is your fiance from? You can get a better idea of general timelines if you know if he's from a high-risk or low-risk country.
There can be issues on a tourist visa in terms of applying for a change of visa if there is an 8503 no further stay condition on the tourist visa. The other thing is that if you get married while on a tourist visa then there can be issues relating to the proper use of a tourist visa. If you were to marry soon after arriving and then apply to stay they will assume that was your intention and then it becomes an issue of migration fraud. There is no problem coming to Australia and getting married as long as your intent is to leave again, it becomes a problem if your intent was to stay.

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  #223 (permalink)  
Old 01-29-2013, 01:41 AM
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It's a really, really bad idea to get married whilst waiting for the PMV. One of the conditions of the PMV after it IS issued is "Not marry until at least entered Australia once" - eg, do not get married until your fiancee has entered Australia on the subclass 300 visa.

Like CollegeGirl said, it would be then changed to a spouse visa and you would need proof that you've been living together for a substantial amount of time etc.

My advice is that you plan your wedding for April NEXT year, not this year. If the visa was submitted on 21st Dec, it will take up to 12 months for a decision to be made.

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  #224 (permalink)  
Old 02-07-2013, 08:38 AM
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Help!

Well........the ups and downs of the partner visa application process

My fiance received an e-mail today from the immigration department in Jakarta advising her that she has been assigned her case officer, that's the good news (application lodged - Oct 30th, 2012)

the case officer advised her that no interview is required but asked for another 2 documents from her. She stated these documents must be sent within 28 days but the problem is my fiance is currently here in Australia on a 3 month tourist visa so she will not return to Bali until the first week of April.

Once she gets back there she will organise the two documents asap but both may take a few weeks to get knowing the ways things work in Bali.

My question is what the hell do we do??? Will not getting these documents lodged within the 28 days time frame cause us major problems?

Has anyone else been in a similar position or handed requested further documents in after the time they want them?

Any help is greatly appreciated,

Thanks.

ps: We sent an email to immigration advising them that she would be here for three months on a TV and it just seems bizzare that the case officer would not be aware of that fact. Surely that would be on her file??

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  #225 (permalink)  
Old 02-07-2013, 09:03 AM
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Wow, tough situation. If you don't mind me asking, what are the 2 documents that are required? Does she have any family in Bali that could request the documents on her behalf if she sends a written authorisation?

A similar thing happened to us, when my fiancee lodged her visa we got the email at about the 3 month mark from the CO introducing herself and asked for a letter from our celebrant outlining the date, time and venue of the wedding. I had no choice but to send 2x A4 pages from my celebrant to Jakarta from Perth via DHL at a cost of about $55!

When I read back through the application checklist I don't ever remember seeing that as a requirement, but the CO did request it. We had already included a notice of intended marriage form signed off by the celebrant but we were surprised that we had to provide additional info. A little birdy (who may or may not happen to be a migration agent) told me that they often like to ask you for further documentation just so they can push your application back down the queue a bit - it looks better for them when the computer says they are waiting on the client, rather than waiting on the CO.... I don't know if that's just a rumor or not, but nothing would surprise me :P

I guess it's tough - if there's no way that she can get her family over there to request the documents, your partner may need to jump on the next flight to Bali and get it sorted ASAP. They always tell you it's 28 days, but if you are nice and explain your situation they might allow for extra time (ie, tell the CO you're working on it and will get the documents ASAP) but there's no guarantee they'll play nice.

Sorry if I delivered any bad news. I'm not a professional like most of us here, just chipping in my 2 cents worth.

Good luck and I hope you find a solution

edit: Just wanted to clarify, if the CO says 28 days and you can't come to any form of agreement with him/her about delaying it until April, then you are in the poo. If you do manage to strike up an agreement, get a FIXED date in writing from the CO. Generally the advice I would give is if the CO asks for something, bow down and hand it over - they don't like to be stuffed around and they have the ability to stuff you around even more :/

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  #226 (permalink)  
Old 02-07-2013, 09:13 AM
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Thanks for the input BonezAU,

I take it that from what you are saying that if she does not get these documents to immigration in time then the consequences will be dire.

Can this cancel her application or cause it to be refused???

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  #227 (permalink)  
Old 02-07-2013, 09:16 AM
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Thanks for the input BonezAU,

I take it that from what you are saying that if she does not get these documents to immigration in time then the consequences will be dire.

Can this cancel her application or cause it to be refused???
Yes it can. At the very least you should contact DIAC, explain the situation and ask for more time.

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  #228 (permalink)  
Old 02-07-2013, 09:19 AM
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Quote:
Originally Posted by Moose View Post
Thanks for the input BonezAU,

I take it that from what you are saying that if she does not get these documents to immigration in time then the consequences will be dire.

Can this cancel her application or cause it to be refused???
Potentially, yes. If you tell us what the documents are it may be of use, but if you'd rather keep it personal that's fine. Also feel free to private message me if you don't want to post.

Basically I was advised that if you opt to be contacted by the embassy during the application process via email, the deadline is 28 days that you must submit what they ask for.

If you tick no, I want to be contacted by post you get a longer period, something like 60 days or similar. I don't know the exact figure.

We were advised by a friend of mine who is an agent in Australia that it's best to tick the No box so you get longer to submit the paperwork, but that backfired on us because the original letter the CO sent out went missing and was never to be delivered to my fiancee in Indonesia.... after we waited and waited and waited she finally emailed the embassy and they said "well if you have a problem with your local mail service, perhaps it's better for you to use email".

From that point on we had no problems at all.... At the end of the day it came down to a lazy courier/postman that decided he didn't deliver to her suburb nor had the courtesy to call and inform her of that. She lived in Surabaya which is the 2nd largest city... no idea what the excuse was but she lived pretty close to the centre of the city.

We've just been through a process of getting a number of her family out to Perth on tourist visas for our wedding and it was a bit of a nightmare - it almost felt harder and more complicated than the subclass 300... anyway it depends on the documents the CO requested and if you are able to strike up a deal with them or have family try to organise stuff from the Bali end.

Even if you have to courier things back and forward for her to sign etc it would still be cheaper and better than your partner having to leave Australia (on what I presume is a single entry TV!)

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Last edited by BonezAU; 02-07-2013 at 09:21 AM.

  #229 (permalink)  
Old 02-07-2013, 09:23 AM
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Unhappy

We did respond to the e-mail today to advise she was her until April and asked what we can do.

the two documents are a bit of a drama. They want a certified copy of her sons birth certificate - but he doesn't have one and it it a bit of a process to get one and she would have to be there.

The other info they want is a copy of her divorce certificate and a copy of the court decision on the custody of her son but she and her ex were never legally married (only village ceremony) and therefore do not have a divorce certificate. They did not go to court for custody as it is Bali custom that the father keeps the children with him.

we explained both of these points in a letter we submitted with her application that was signed by her ex and attached a copy of his ID card.


This is freaking us both out big time

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  #230 (permalink)  
Old 02-07-2013, 09:30 AM
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Ouch... that does sound complicated but I fully understand the situation and feel for you guys.

Is she still perhaps on talking terms with the ex that she could ask him to organise a notarised copy of the birth certificate, or is that completely not an option?

Failing that, I would recommend writing another email directly addressed to the CO and explaining the situation in full. They aren't robots, they do take things into consideration - but perhaps the reason they asked for that at the first glance of the application was because they noticed a few holes in the story...

As for the divorce certificate, the closest you might get is to get your partner and her ex to write a statement and have some local government officials/village leaders in Bali sign it... I feel sorry for you guys...

I think if you explain to the CO that your partner is in AU and needs to go back to Bali to get these documents organised they should hopefully give you an extended timeline to do that, but that means you'll be separated again

The things that we need to do for love sometimes suck.... Perhaps someone else can give another idea, but sorry dude - I'm all out...

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