Can anybody please help

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Can anybody please help


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Old 04-30-2010, 01:00 AM
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Red face Can anybody please help

Hi,my question is my fiance is on PR and i have a 456 short stay business visa going for AMC australian medical council exam .
we are planning to get marry just after my exam in Australia.
My question is my visa is of 3 months only can it be change to another visa after i get marry to an Australian PR holder girl or do i have to come back to my country and have to apply for another visa .
Please help me in this regard.


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Old 04-30-2010, 04:10 AM
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Quote:
Originally Posted by doctor1 View Post
Hi,my question is my fiance is on PR and i have a 456 short stay business visa going for AMC australian medical council exam .
we are planning to get marry just after my exam in Australia.
My question is my visa is of 3 months only can it be change to another visa after i get marry to an Australian PR holder girl or do i have to come back to my country and have to apply for another visa .
Please help me in this regard.
Unfortunately, it would seem that the 456 will have a No Further Stay condition on it for it does say it cannot be extended, though do check if the condition is on it.
Business (Short Stay) Visa (Subclass 456)

If that is so you'll need to leave Australia though it may not mean you'll need to travel as far as your home country and if you're eligible for an ETA you could while your 456 is still valid for a few days travel to New Zealand and apply for an ETA there and then return.

Somehow, I think if you had been eligible for an ETA you would have used one and so even if you are from a country where the ETA is not applicable to - Internet Visa Services Australia there are a couple of possible options for you:
If you are planning to marry here in Australia [ and you need to submit an application for a marriage licence a month ( and a day I think) prior to marriage date ] , you could still do that while the 456 is valid and if you and your fiance also have a partner visa application completed and ready to go [ meaning you ought to have health and police checks done and all supporting evidence in order ]
Family - Visas & Immigration for details and read eligibility and applying for this visa section as well as Booklet#1 - all quite a bit of work and so do not let it distract you from the AMC exam Doc. [ maybe your fiance can be preparing it all ]
then you could take a trip to NZ [ maybe a visa necessary ] still with some time left on the 456 hopefully or if not, what you would need to do is have a flight booked from NZ to another country that you have a right of entry to, perhaps Fiji for instance, and make it as much of a refundable on cancellation ticket as you can. [ this being a requirement that NZ have to allow people other than Australian citizens/PRs to enter ] .

Anyway, you get to NZ [ with your wife would be best ] and your partner application already to be submitted [ a good idea to have rung the Australian embassy in NZ before travelling and arranged an appointment to lodge the visa ] and so you go in and lodge it.
If your wife is working here, perhaps she can arrange for a few weeks holiday as NZ is a nice place for a honeymoon.

I know of one person who got married and had her application ready and her and husband went to NZ and she had her partner visa the same day of lodgement but there is no guarantee of that always happening but if on lodgement you advise you'll be travelling around NZ on your honeymoon, you may well find that one is granted in that period.

If so, you are then free to book a flight back to Australia and you cancel your flight to Fiji.

If the visa does not get granted by the time your wife needs to return to Australia, you'll have the options of
. hanging out in NZ a bit longer while you wait
. taking the flight to Fiji or postponing it to hang out a bit longer, to limit of your visa for NZ.
. getting another 456 visa and flight back to Australia, cancelling the Fiji flight, and advise the Oz Immi person in NZ that you are doing that.

If you're then back in Australia and your partner visa is ready, you would need to take another flight out of the country to allow the visa to be granted

You could do the same thing for a Prospective Marriage Visa if you delayed the marriage but if you have the time prior to 456 expiry, getting married and then applying for the partner visa will likely be quicker.

If you do not have enough time to get married before the 456 expiry, you could consider getting married in NZ and then still submitting the partner application if you have it all ready.

It's not quite a James Bond plot but still needs a bit of planning and effort.





Last edited by Wanderer; 04-30-2010 at 04:14 AM.

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Old 04-30-2010, 09:13 AM
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what can i say......

I just want to thank you for your detailed and a prompt reply let me be free with this AMC exam than i will contact you one more time for ur help
Kind regards


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Old 04-30-2010, 11:07 AM
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Quote:
Originally Posted by doctor1 View Post
I just want to thank you for your detailed and a prompt reply let me be free with this AMC exam than i will contact you one more time for ur help
Kind regards
The other approach that may be worth considering Doc is with AMC success, if you have time to check out some vacancies [ away from major city areas are often short of doctors and a great life style can be had ] perhaps there could be the possibility of getting your registration application in and then heading to NZ to put in a 457 or 422 application for an interim visa, either of which would hopefully be processed fairly quick.

Have a look at Working in Australia as a Doctor - Doctors and Nurses - Workers - Visas & Immigration for the visa options and also medical info re the doctorconnect site, a link there.

Good luck with your AMC examination.





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Old 04-30-2010, 10:10 PM
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Thx.........

Thanks for your time in short if i have a no further stay on my visa i cant get marry in australia isint it and one has to inform a month before marriage date and if i do so they will directly say to me you on a amc exam trip with no further stay and you are not allowed to get marry isint it??.
Please can you simplify what is best for me after reaching australia we really want to get marry waiting for each other for the last 5 years.
Your help will be really appreciated .
Kindest regards


  #6 (permalink)  
Old 05-01-2010, 01:44 AM
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Quote:
Originally Posted by doctor1 View Post
Thanks for your time in short if i have a no further stay on my visa i cant get marry in australia isint it and one has to inform a month before marriage date and if i do so they will directly say to me you on a amc exam trip with no further stay and you are not allowed to get marry isint it??.
Please can you simplify what is best for me after reaching australia we really want to get marry waiting for each other for the last 5 years.
Your help will be really appreciated .
Kindest regards
You can get married in Australia whilst on the 456 visa.
Details of licence requirements are on Legal Marriage Requirements Australia - Notice Of Intended Marriage - Easy Weddings , there being many sites about from different celebrants or organisations.

However, getting married does not automatically allow you to stay and that is why with a visa type that does not allow extension or has a No Further Stay condition you need to travel out of Australia to re-apply.
If you are not already in Australia and planning on what you intend to do, perhaps it is something like:
. get the marriage licence application ready for submission prior to arrival or submit it on arrival so you can get married but not to interfere with the AMC study/examination.
. your fiance prepares the partner visa application for submission in NZ
. you do the AMC examination and hopefully a good result with a couple of months left on the 456
. You get married
. you look for what work opportunities would be and get registration underway and hopefully have a hospital/medical practice prepare for sponsorship if you decide on that route or have agreement for employment based on you getting the partner visa.
. you and your wife book flight to NZ and head there to get partner visa application lodged if need be and make an appointment if so.
[ You will still need to look at visa requirements and if need be, based on timing the alternate refundable flight ticket. ]

. If you have been able to arrange for a doctor's position and you decide on ES route, you submit your employer sponsorship visa application there.
To have that processed you may want to use an agent, your employer likely doing so and you may find the agent will offer a package deal.

. Alternately, you submit the partner visa application.

An ES temporary residency visa does have a requirement for you to stay employed with a sponsor until you seek PR so the partner visa may offer greater certainty.

You could submit both an employer sponsor application and one for a partner visa but you can only hold one visa at a time, so if you were granted an ES TRvisa first and then the partner visa application was ready for finalisation you would need to decide if you wanted to do that and if having already returned to Australia on the ES that would mean leaving again for the offshore partner visa grant.

. Alternately if having a sponsor, you could submit just the ES visa application and then wait until you were back in Australia and submit your partner visa and so then it could be granted without leaving and you would not be dependent on a sponsor other than your wife.





Last edited by Wanderer; 05-01-2010 at 01:48 AM.

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