Prospective Marriage Visa

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Prospective Marriage Visa

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Old 06-30-2010, 05:42 AM
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Prospective Marriage Visa


I am a Malaysian, but an Australian Permanent Resident currently residing and working full time in Sydney.
I've met my fiance few years ago and have started a couple relationship since 2 years ago when we were both uni students.

Since my fiance has graduated last year, she has to go back to Jakarta, Indonesia - occasionally travelled to Sydney to visit me. We are planning to be married this year and currently are in the process of applying for PMV for her:

1. We are planning to undergo the marriage registry in Sydney in October 2010, but having the official wedding ceremony in Jakarta, Indonesia on 7th of December 2010. If I am filling out the Notice of Intended Marriage Form (NOIM), should I fill the date of marriage to be in October or December?

2. As we will be doing the marriage registry in Sydney in October 2010, if we lodge the Prospective Marriage Visa application now or within the next two weeks, and the visa is still not granted until October,
Can my fiancť come to Sydney in October by Tourist Visa so we can do the registry?
If we can do that, does this mean that we will have to notify the immigration to change the application to Spouse Visa?
If we canít do that, what other options would you suggest?



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Old 06-30-2010, 06:40 AM
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Hi there,

First of all, you should put the October date for the NOIM because that is when you intend to get married legally in Australia.

Second, she can come to Sydney with a tourist visa if the PMV hasn't been granted, but I'm sure if you tell immigration your intended date of marriage, they may be able to speed things up for you. If she has to come on a tourist visa, it would probably be OK, but you would have to be careful about how you explain the purpose of her visit. Immigration does not like people getting tourist visas with the real intent of staying permanently in Oz. Unless you somehow explain, if asked, that she lodged a PMV, but it wasn't processed in time, and she had to come for the wedding.

Anyway, it would be better for you to call DIAC and ask them the best way to go about it. The may be able to give you an idea of the PMV processing times and if it could be done before your intended marriage date.

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Old 06-30-2010, 10:01 AM
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Dear Aussiegirl,

Thanks for your reply.

Just another quick question, as my friend is a marriage celebrant she will be receiving the NOIM as well as witness the statutory declarations from supporting witnesses for us.

Can she also certify documents (e.g. passport etc)?


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Old 07-01-2010, 04:51 AM
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There is a list of people who can witness and certify documents in the Partner Booklet and on the DIAC website. But yes, your friend can certify your documents since she is a registered celebrant.

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Old 07-01-2010, 12:18 PM
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You can attempt what you plan to do, but just know what to expect re times.
Client Service Charter indicates you'll be looking at about 10 months for a PMV or a spouse visa and Immigration are not about expediting grants because someone is planning to get married for if they did that you could imagine the number of requests that would develop.
Your fiance could apply for a tourist visa but bearing in mind she is from a high risk country, getting it granted so as to come to Australia for marriage is not guaranteed.
Having the PMV submitted may help.
And yes, once you have submitted the PMV and if you marry, you then need to advise the department so as your application becomes for a spouse visa, stated under obligations -
So in theory it could be possible to do what you desire but just be prepared that your marriage here may not be able to occur as planned.
And your alternative would be to stay much as you plan except you just skip the Sydney marriage and get married in Indonesia and then put in the notice so as your fiance's application becomes a spouse visa application.
If she was in Australia as a student for more than 12 months, [ and for any other countries for that matter ], she'll need to get a PCC from here too.

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