Marriage on tourist visa

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Marriage on tourist visa


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Old 08-30-2013, 02:40 PM
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Marriage on tourist visa

Hey guys
I am in need of help real quick.

My girlfriend will be coming to Sydney on march 2014
to file in 820/801 visa on a tourist visa, i have read that the sole intention of coming to Australia for marriage can be declined.

would this be possible?'
we have talked about it and we have come to the conclusion where prospective visa is not an option, because we do not want to stay apart for that long.

I have heard that simple marriages was possible at the Births, Deaths & marriage center, is it true?
where only a very basic marriage is done, or is there a place where we document our marriage without have an actual marriage, but will do in the future.

I really do not know what to do, as we don't want to be apart for such a long time on a prospective marriage visa.

please help us out.


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Old 08-30-2013, 02:48 PM
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Hi Kwonsie -

Re: marriage on visitor visa, as long as you do not "intend" to be married when you apply for the tourist visa and enter Australia on it, then you may not have an issue. Note also that the visitor visa must be issued without Condition 8503 (No Further Stay) in order for you to be able to lodge a further onshore partner visa application while in Australia on that visa. If DIAC determines (or your admit to them) during application for a visitor visa or during entry at the airport on that visa that your intention is to lodge an onshore partner visa, you may be refused entry to Australia since that would be inconsistent with the stated purpose of the visitor visa of a "temporary visit" to Australia. Some people try this but make the mistake of bringing too many things with them when they travel, indicating the intention of a stay far longer than a "temporary" stay. If you get stopped at the airport and your luggage is searched, they will be looking for signs that your visit is not temporary and instead is permanent and/or you've come here looking for work, etc.

RE: simple marriages - yes, can typically be done at your state's Births/Deaths/Marriages office - see each state's office website for exact requirements. But the bigger question is: how is your relationship evidence? A marriage certificate is not nearly enough documentation of a relationship to get a partner visa - consult DIAC Partner Visa Booklet and other sticky threads here on the forum for more on relationship evidence.

Hope this helps -

Best,

Mark Northam

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Old 08-30-2013, 03:04 PM
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Thanks Mark,

so you're saying that there is a possibility that we can trick DIAC so she can enter Australia?

Then how long of a time frame after entering Australia to get married would be a good option? 1 month?
I have seen BDM's office website and saw that a 1 month prior notification is required
If we do it this way, already 2 months would have passed and marriage will be done on the early 3rd month which will leave my girlfriend with less than a month in Australia on a valid visa.
which brings us to where we have to lodge our 820/801 forms that would put her on a bridging visa waiting for approval from DIAC.

Am I right? or am I missing something?
because this is what i have been thinking about.
also
what are the chances my girlfriend will be issued condition 8503?

Greatly appreciated Mark!


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Old 08-30-2013, 03:21 PM
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Mark would never advise that you trick or lie to DIAC. What he's saying is that if you happen to decide to marry once she is already over there, that will be okay. But it is not something you want to have planned when she arrives at the border.

rebeccaf likes this.
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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 08-30-2013, 03:23 PM
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Also, if it does happen that way, I would lodge the NOIM upon arrival, marry as soon as possible, and then wait to apply until just a couple of weeks before her visa expires. In this situation, you'd want as much time as possible to collect evidence of living together as a married couple.

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
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Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 08-30-2013, 03:23 PM
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i'm sorry that I assumed that's what he meant,
i just need an answer out of this..


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Old 08-30-2013, 03:24 PM
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Oh - sorry for the three separate posts, but i just saw another question of yours I missed - the 8503 condition would already be on your girlfriend's tourist visa grant.

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 08-30-2013, 03:35 PM
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This is my background

I met my girlfriend on her first month of her working holiday visa (October 2011) and have been in a relationship with her ever since, and have lived with her since 1st March 2012 till may 2013 (2nd working holiday visa)
and when her 2nd visa finished I went to Korea with her and been living separately but met every single day.

We have only gone on holidays twice

If i was to lodge NOIM upon arrival
wouldn't (whoever controls marriage things) be suspicious about us?
come on, coming to Australia to meet friends and NOIM upon arrival?
wouldn't they think this way?


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Old 08-30-2013, 03:37 PM
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Quote:
Originally Posted by CollegeGirl View Post
the 8503 condition would already be on your girlfriend's tourist visa grant.
According to Marks post,
wouldn't having the condition 8503 a bad thing?


Last edited by kwonsie; 08-30-2013 at 03:40 PM.

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Old 08-30-2013, 03:45 PM
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Quote:
Originally Posted by kwonsie View Post
According to Marks post,
wouldn't having the condition 8503 a bad thing?
It is a no further stay condition which means she can not apply for another visa while in Australia. So if this condition is applied to her tourist visa (you will find out when it is granted) she cannot apply for 820/801.

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