Exemption to travel to Australia

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Exemption to travel to Australia


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Old 08-27-2020, 04:11 AM
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Exemption to travel to Australia

My fiance is not a Australian citizen/PR, and is based on India. We have lodged for a prospective spouse visa in May 2019 and are awaiting its outcome. Meanwhile is it possible for my fiance to travel to Australia on a tourist visa by seeking an exemption or shall we wait for the prospective marriage visa to finalise and then seek an exemption? It has been a year since we have seen each other and dont know when will the department process the visa application for my partner.
Also secondly at the time of finalising prospective marriage visa 300 does the department need a letter for intended marriage from a registered marriage celebrant in Australia?


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Old 08-27-2020, 04:36 AM
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No he can’t becoz he is not PR or citizen. Right now govt stop tourist coming to Australia .


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Old 08-27-2020, 05:20 AM
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Quote:
Originally Posted by ishwar.rk View Post
My fiance is not a Australian citizen/PR, and is based on India. We have lodged for a prospective spouse visa in May 2019 and are awaiting its outcome. Meanwhile is it possible for my fiance to travel to Australia on a tourist visa by seeking an exemption or shall we wait for the prospective marriage visa to finalise and then seek an exemption? It has been a year since we have seen each other and dont know when will the department process the visa application for my partner.
Also secondly at the time of finalising prospective marriage visa 300 does the department need a letter for intended marriage from a registered marriage celebrant in Australia?
Some people that have applied for a PMV have also applied for exemption with a visitor visa, and been granted. But only a few. Very few visitor visas have been granted during Covid.

To the second point, immigration require the NOIM, from the marriage celebrant, before the PMV can be processed. Most people submit that with the initial application to avoid any delays.

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Old 08-27-2020, 07:02 AM
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Originally Posted by JandE View Post
Some people that have applied for a PMV have also applied for exemption with a visitor visa, and been granted. But only a few. Very few visitor visas have been granted during Covid.

To the second point, immigration require the NOIM, from the marriage celebrant, before the PMV can be processed. Most people submit that with the initial application to avoid any delays.
There must be evidence of the intended marriage provided at the time of application, although this doesn’t have to be a NOIM if there is other strong evidence.

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Old 08-27-2020, 08:35 AM
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Originally Posted by paulhand View Post
There must be evidence of the intended marriage provided at the time of application, although this doesn’t have to be a NOIM if there is other strong evidence.
Other than the NOIM, or letter from the Marriage Celebrant, is there anything else that they would find suitable?

I suppose a letter from the Marriage Celebrant could actually be classed as a NOIM, as it is a notice, in its own way.

When we did the PMV we didn't submit the NOIM with the application, and got a request for it later.

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Old 08-27-2020, 08:42 AM
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The letter from the celebrant is the required evidence in most cases.

JandE likes this.
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Old 08-27-2020, 09:06 AM
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Thankyou. I will get NOIM organised.

I just checked the processing time for the Prospective Spouse Visa on my fiancé's application, it is now 16 to 29 months. Earlier it used to be 16 to 18 months. This is pretty bad.

I will try and use this as a point in the exemption of the tourist visa.


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Old 08-27-2020, 09:19 AM
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Quote:
Originally Posted by ishwar.rk View Post
Thankyou. I will get NOIM organised.

I just checked the processing time for the Prospective Spouse Visa on my fiancé's application, it is now 16 to 29 months. Earlier it used to be 16 to 18 months. This is pretty bad.

I will try and use this as a point in the exemption of the tourist visa.
Your figures show that it used to be 75% done in under 16 months, and it is now 75% done in under 16 months. The difference is for the difficult 10% that took over 18 months before, but now took over 29 months.

I feel that you need a reason above the normal reasons that apply to every other applicant.

From 40,147 requests for travel exemptions from persons seeking to enter Australia, the Department said it has approved 968 requests on compassionate grounds.

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Old 09-09-2020, 07:03 AM
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Yes you are right, our exemption for PMV Subclass 300 (which still is under process) was rejected. Just took them 3 days to reject the exemption for a visa which they have taken 15 months so far and not yet processed it.

I quote the reply:
Your circumstances have been assessed against the Australian COVID-19 travel restrictions. Under that policy, the ABF Commissioner or Delegate may advise that certain persons are to be exempt from the restrictions. On the basis of the information provided, the Delegate has concluded that your circumstances do not outweigh the risk to the Australian community.



You are still subject to the travel restrictions and, should you attempt to travel to Australia, your visa may be considered for cancellation while those travel restrictions remain in force.



This assessment is against current COVID-19 travel restrictions and not your entitlement to a visa. It does not affect any future visa application which you may lodge. Any visa application will be assessed on the basis of information available at that time.


I would like to clarify what they mean in the last point This assessment is against current COVID-19 travel restrictions and not your entitlement to a visa. It does not affect any future visa application which you may lodge. Any visa application will be assessed on the basis of information available at that time.
My take is that they are talking about assessment of exemption for travel and not for PMV 300 application. Could you please clarify ?

Also have they frozen or halted processing of Offshore PMV ?

Also in case they are processing and if PMV is granted, but my fiancè is not granted permission to travel even then, then would our 9 months to get married in Australia just elapse ?

Regards
Ishwar


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Old 09-09-2020, 07:07 AM
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Yes - they are saying that this decision has nothing to do with your fiancé’s visa eligibility.

They won’t process the visa unless there is a change in the travel rules.

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