PMV 300 Changing the NOIM

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  • 1 Post By JandE

PMV 300 Changing the NOIM


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Old 02-09-2016, 02:19 PM
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PMV 300 Changing the NOIM

Last year in May 2015 my fiancÚ and I lodged a PMV 300 online. At the time we uploaded a document from a wedding celebrant for us to get married outside of Australia. Last month in January 2016 we decided to get married in Australia instead, lodged a NOIM with a new celebrant and received a new wedding document.

1. Should we just upload the new document from the Australian wedding celebrant to our online application or will this look bad?

2. And should we give any more information regarding the change?

I refer to the migration regulations 1994, section 300.215 - the parties genuinely intend to marry.
austlii.edu.au/au/legis/cth/consol_reg/mr1994227/sch2.html

3. The new wedding plans were not produced at the time of application so should the department still accept our plans?

We are quite anxious as have not heard from the department since the medical request in May 2015, 9 months ago.

Thank you very much.


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Old 02-11-2016, 05:38 AM
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Does anyone have some advice?


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Old 02-11-2016, 06:13 AM
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I think your PMV application can not be done as you are married, you now need a new Partner Visa application, you maybe able to change it to a 820 now or you may need to pay full fee again?? best ask this question before marriage on forum like this, now you need Immigration Agent advise I think.


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Old 02-11-2016, 06:15 AM
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I am not sure it will make any difference.

Many of us will not end up doing what the original NOIM was anyway as dates change, places changes etc.

In my mind, the original NOIM option is a valid one, until the day we get married, no matter where that is.
I don't think they worry when or where it happens, as long as we do it within the time frame.

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Old 02-11-2016, 06:21 AM
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"" Last month in January 2016 we decided to get married in Australia instead ""

Married or change wedding place?


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Old 02-11-2016, 06:41 AM
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Quote:
Originally Posted by ampk View Post
"" Last month in January 2016 we decided to get married in Australia instead ""

Married or change wedding place?
I read it that in January 2016, they decided to change the wedding place to Australia, from overseas.
Presume not getting married until they get the PMV.

Otherwise, they have other, more important, Visa changes to do.

ampk likes this.
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Old 02-11-2016, 10:48 AM
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I would like to thank everyone for their comments.

We are not married and only changed the wedding location from overseas to Australia.

I wanted to understand the assessment process better so I first read the migration regulations 1994 schedule 2 and also recent cases from the migration review tribunal.
austlii.edu.au/au/legis/cth/consol_reg/mr1994227/sch2.html
austlii.edu.au/au/cases/cth/MRTA/2015/

After reading decisions from 2015, most cases satisfied section 300.215 (a)the parties genuinely intend to marry and (b)within the visa period. The evidence given was a lodged NOIM with the celebrant and the celebrant's letter. However this is in section 300.21 - Criteria to be satisfied at time of application.

Most of the cases where the tribunal decided not to grant the partner visa was due to section 300.216 - the parties genuinely intend to live together as spouses. More details of the assessment can be found here:
austlii.edu.au/au/legis/cth/consol_reg/mr1994227/s1.15a.html

Some cases provide lengthy relationship details and were unsuccessful at the migration review tribunal, yet I have read other forum posts where people claimed to have given much less detailed information and had the partner visa granted.

Another report noting eligibility criteria, chapter 2, 2.4 states - If an applicant does not satisfy all the eligibility criteria, the application will be refused.
aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Completed_inquiries/2010-13/marriagevisaclasses/report/index

Perhaps too much time reading. Just thought I'd ask the opinion whether to upload the new celebrant letter or not.

Thanks.


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