Is it possible to change PMV (Subclass 300) to spouse visa

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Is it possible to change PMV (Subclass 300) to spouse visa


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Old 04-03-2010, 11:13 AM
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Is it possible to change PMV (Subclass 300) to spouse visa

Hi there,

I was just wondering if somebody had any experience in changing PVM visa to spouse visa.

I came to Australia on PVM visa (subclass 300). We have our wedding date appointed on 1st of May. We planned get married in Lithuania. Currently, we are in situation when I have just started my new job, my fiance is going to have an exams of Medicine in May. At this stage we just want to postponed our marriage. We are thinking if it is possible to re-apply for spouse visa.

I would be so much appreciated if somebody could advise or share an experience on the subject.

Many thanks in advance


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Old 04-03-2010, 12:48 PM
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Originally Posted by thesun View Post
Hi there,

I was just wondering if somebody had any experience in changing PVM visa to spouse visa.

I came to Australia on PVM visa (subclass 300). We have our wedding date appointed on 1st of May. We planned get married in Lithuania. Currently, we are in situation when I have just started my new job, my fiance is going to have an exams of Medicine in May. At this stage we just want to postponed our marriage. We are thinking if it is possible to re-apply for spouse visa.

I would be so much appreciated if somebody could advise or share an experience on the subject.

Many thanks in advance


Hi,

Not to sure on conditions imposed by DIAC.

On all visas it is important to look at the CONDITIONS imposed by the Immigration Department. For example, with a subclass 300, it is Mandatory that the visa holder must not marry before entering Australia (8515), which you would of satisfied, and that the applicant & fiance MUST marry within the visa period, ie within 9 months from the date of the visa grant (8519) which you must satisfy.

Potential Problems - if not married within the visa period
It is not possible to extend a fiance visa or to apply for another onshore. If a couple does not marry within the visa period, the applicant will have breached the Mandatory condition (8519).

Re apply
There could be complications for breaching these Mandatory Conditions, allowing the 300 to expire.

William E Diez & Associates
(mara 09585792)



Please note that the above is general information only & should not be taken as professional immigration advice


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Old 04-13-2010, 04:19 AM
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Quote:
Originally Posted by thesun View Post
Hi there,

I was just wondering if somebody had any experience in changing PVM visa to spouse visa.

I came to Australia on PVM visa (subclass 300). We have our wedding date appointed on 1st of May. We planned get married in Lithuania. Currently, we are in situation when I have just started my new job, my fiance is going to have an exams of Medicine in May. At this stage we just want to postponed our marriage. We are thinking if it is possible to re-apply for spouse visa.

I would be so much appreciated if somebody could advise or share an experience on the subject.

Many thanks in advance
Just further to what William has posted, the process from PMV to Spouse Visa is that not only is a PMV holder to marry within nine months of the visa grant, you then need to also have applied for a partner visa before the nine months expires if you're still in Australia.
Have a read of Prospective Marriage Visa (Subclass 300) for more detail.

You'll certainly create problems for yourself if you do not abide by the visa conditions.

I can appreciate how you may want to have a wedding back in Lithuania with family and friends there but if your circumstances now make that difficult, perhaps you need to consider having just a simple wedding here and apply for the partner visa and then have a confirmation of vows or remarriage ceremony back in Lithuania when the time is better.

If you're getting near the end of the nine months period since the PMV grant, you had better decide quick as in Australia, you need to give a months notice in getting married.

If you do return to Lithuania to marry and cannot return and submit the partner application before the nine months validity period you'll then have to submit an offshore partner visa application and wait for that to be granted before returning.





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