Help With Spouse Visa/6 Month Waiting?

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Help With Spouse Visa/6 Month Waiting?


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Old 02-20-2010, 04:55 AM
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Smile Help With Spouse Visa/6 Month Waiting?

Hi there,

I'm hoping someone will be able to answer this question for me, as it's driving me insane!

I'm an Australian citizen and my foreign fiance is here in Australia on a 12 month tourist visa. We are planning to get married in October and were going to apply for a Spouse Visa after wards. I was wondering does the 6 month requirement for a Spouse Visa include time we've lived together BEFORE the wedding, or does the 6 months start after we actually get married?

It's driving me nuts because I'm an Italian and everyone knows Italian wedding's aren't exactly small, intimate affairs that can be small or rushed!

Thanks so much!


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Old 02-21-2010, 01:50 AM
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Quote:
Originally Posted by missfeefa View Post
Hi there,

I'm hoping someone will be able to answer this question for me, as it's driving me insane!

I'm an Australian citizen and my foreign fiance is here in Australia on a 12 month tourist visa. We are planning to get married in October and were going to apply for a Spouse Visa after wards. I was wondering does the 6 month requirement for a Spouse Visa include time we've lived together BEFORE the wedding, or does the 6 months start after we actually get married?

It's driving me nuts because I'm an Italian and everyone knows Italian wedding's aren't exactly small, intimate affairs that can be small or rushed!

Thanks so much!
Hi Missf and if the 6 months you're referring to is the Visa Processing Service Standard - Client Service Charter , that is indicative for just processing a visa from the time your intended spouse submits an application.

Before that happens though he had better have a look at his visa confirmation advice for most tourist visas have a No further Stay condition on them meaning you cannot apply for another visa while in the country on that one.
There is a waiver approach - Australian Immigration Fact Sheet 52b. Waiving Visa Condition 8503 - "No Further Stay" but not too easily gained.

But your groom can still be married on a tourist visa and so you could go ahead and plan it all, but then he'll need to take a short trip abroad to apply for the spouse partner visa [ perhaps you'll want to include NZ as part of the honeymoon!]

You may want to have the application totally prepared, filled in with all supporting documents as per the eligibility requirements [ also read the Booklet #1 and applying for the visa section well and use the Checklist ]
Take it all with you on your honeymoon and I've known of people in Auckland being able to make an appointment with the embassy there [ do that ahead of travelling on the honeymoon ] , going in and being granted the visa the same day.

If you do not do that, the other option is to attempt to return on an ETA - Electronic Travel Authority (ETA) - Online Applications and I say attempt for it is not something that Immi allow on all visas, particularly the tourist and ETAs - coming in on one visa with a plan to apply for another and in your grooms case that could be very obvious, ie. having been here on a tourist visa, getting married and then leaving to attempt returning on the ETA.

It'll be a far cleaner [ and legally correct ] approach for the application to be made offshore, not only likely a much quicker processing but also about $800 cheaper.

Hope that helps but ask more as required.

I know the last thing you want is something else to distract from your wedding preparations but you've got a lot of time to consider it and something to keep the groom busy.
He'll need a medical [ much closer to the application date] and also to get police checks from any country that he has been in for over 12 months in last 10 years or since age of 16, whichever is minimum and if intending not to return to any country in which he has been previously prior to making application, he could put in the police check request ahead of time.





Last edited by Wanderer; 02-21-2010 at 01:54 AM.

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Old 02-22-2010, 06:30 AM
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Hi there. Thanks so much for your reply! I called the Dept of Immigration today and they looked up my fiances visa and saw that he has that condition that you stated (he's from a high risk country) so it looks like he'll have to apply offshore. I was very disappointed that my migration agent didn't tell me this at the time, despite viewing my fiance's visa and seeing the condition! So now we're frantically trying to organise all the paperwork to submit ourselves. Thanks again


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Old 02-22-2010, 07:22 AM
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It is not just HR countries that the NFS condition can apply to and in fact he was fortunate to receive a 12 months tourist visa if from any country for it is a usual requirement that significant funds for support are held as well as links to home country that indicate a return likely.

If his visa is valid until past your wedding date in October you've got plenty of time to arrange your next step as I indicated above, so do not go panicking.





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Old 04-09-2010, 03:28 AM
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hi missfeefa

hi missfeefa

im very surprised that your fiance has a 12months tourist visa and at the same time he has the NO FURTHER STAY condition
Make sure that is NOT the regular tourist visa that is valid for 12 months BUT he is only allowed to enter only one time (single entry) and he is allowed to stay for maximum 3 months......
I mean ...generally...when they give you a tourist visa.......it is written that is valid for 12 month.....i mean you can entry at any time during those 12 months....BUT they also tell you HOW MANY TIMES YOU CAND ENTER IN AUSTRALIA during those 12 months and they also say the period you cand stay in australia.........and the period of stay in australia should be only a maximum of 3 months...
sorry for my english .....i truly hope that you didnt make a mistake in not reading properly the conditions of the visa.....i hope for him he is not in australia more than 3 months now.....and without knowing he became illegal...
you should call the immigration and ask them HOW LONG HE COULD STAY IN AUSTRALIA



Quote:
Originally Posted by missfeefa View Post
Hi there,

I'm hoping someone will be able to answer this question for me, as it's driving me insane!

I'm an Australian citizen and my foreign fiance is here in Australia on a 12 month tourist visa. We are planning to get married in October and were going to apply for a Spouse Visa after wards. I was wondering does the 6 month requirement for a Spouse Visa include time we've lived together BEFORE the wedding, or does the 6 months start after we actually get married?

It's driving me nuts because I'm an Italian and everyone knows Italian wedding's aren't exactly small, intimate affairs that can be small or rushed!

Thanks so much!


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Old 06-30-2010, 03:40 AM
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Hi Anna,

Sorry for my delay with replying. He has a 12 month, multiple entry visa and can come in as many times during that period, so long as his stay doesn't go over 3 months at one time.

We ended up getting married in April but unfortunately he's since moved back to Malaysia while we're waiting for our spouse visa to be processed and we've taken it in turns to visit each other. My husband is still able to visit me, even though we've got the visa application in process, until they make a decision on the visa.

Thanks for your response


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Old 08-31-2010, 05:55 AM
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Red face Visa processing in KL

hi missfeefa

Hope you are doing well.
Just want to check with you if you have heard anything back from the Aus High Comm office in regards to your application? since you applied back in May 2010... we also applied for our visa at the same venue, I was wondering how long for a visa to be processed here in KL...standard time given was 3 -5 months...

Thanks


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