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Applying for Visa 820 with less than 1 week of Student visa validity

4K views 22 replies 6 participants last post by  CollegeGirl 
#1 ·
Hi People,

Can anyone please suggest me and clarify if it is possible for me to lodge Visa 820 on the basis of marriage after applying Marriage Certificate in one week before the student visa is expired ?

The reason I'm doing this is that because before the student visa is expired I need to go back home to my hometown for urgent family matter then I will go back to Australia while the student visa is still valid for about one week left. hence I buy the return ticket.

So practically I only have 3 working days before the student visa is expired.
 
#2 ·
I am not a migration agent so it is just my opinion but wont the border people look at you coming back to Australia with a week on a student visa as being very suspicious? I wouldn't be surprised if they were to give you a hard time about it, since you wont have anytime to actually study anything despite technically having a valid visa.

Kttykat
 
#5 ·
I am guessing in less than a week's time, you'd have lodged your application and you'd be on a bridging visa A since your student visa would have expired.

However from my personal experience, I'm not sure if your bridging visa gives you the right to travel. My personal experience with bridging visa A (originial visa was tourist visa) is I had to apply for Bridging visa B, which was a visa that gave me the right to travel. Without that, I couldn't travel. Well technically I could travel OUT of Australia, but I'd not be able to get IN :p The application took 2 weeks to approve and cost me $125.

I don't know about DIAC rules now but I'm very positive that you need to apply for Bridging Visa B.
 
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#14 ·
NSW Registry of Births Deaths & Marriages This is for NSW, I am not sure which state you are in.

NOIM - Notice of Intended Marriage

Once you decide to marry, you are required to give a marriage celebrant at least one month (not more than 18 months notice) of an intended date of marriage.

Once you choose a marriage celebrant, they will ask you to complete a Notice of Intended Marriage form which they will provide or you can download. http://www.bdm.nsw.gov.au/PDF forms/15-NOIM.pdf
Kttykat
 
#15 ·
My concern for SiteManager is not about applying for 820 in time, but whether he can get his travel rights (Bridging Visa B) in time. He can't return to Aus even if he's lodged his 820.
 
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#21 ·
Why do you insist on getting married? Why don't you just register your relationship and that's it? NSW Registry of Births Deaths & Marriages
You do have a 28-day cooling off period, and you won't get the certificate before. So you probably missed this boat, too.

If you are thinking of applying for a de facto partner visa, you need evidence of your relationship for every month of the past 12 months in all four categories.

If you want to apply for a partner visa based on marriage, you need to be married at the time of application. You still have to prove your relationship is genuine and you have to present your evidence in all four categories.

If you register your relationship, that waives a 12-month relationship requirement, but you still have to prove you're a genuine couple and present evidence in all four categories.

Going back to Australia with only a week left on a student visa is very risky. I'd apply for a partner visa first, and then fly home on a bridging visa B.
 
#22 · (Edited)
EDIT: Nevermind, I was thinking of the 309, not the 820.
 
#23 ·
Site, have you told us somewhere how much time you have from now before this trip you have planned? If it's less than 28 days, you won't be able to get married or register your relationship before you leave, which means you can't apply for the 820.

Presuming you have less than 28 days left, it sounds to me like there's a good chance you're going to have to apply from offshore. There just doesn't seem to be a way around it for you at this point. It seems like a prospective marriage visa would be the easiest for you from offshore, and then, depending on where you're from, etc., you may or may not be able to get a tourist visa to visit your partner while waiting for your visa to be processed. You would be unable to work during that time.

My suggestion would be to contact Mark Northam here on the forum directly and see if he has any other ideas. You've got yourself into kind of a tight spot here, and the last thing you want to end up doing is accidentally becoming illegal, jeopardizing your future prospects for a legitimate visa.
 
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