Prospective Marriage Visa - NOIM

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Prospective Marriage Visa - NOIM


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Old 08-14-2010, 08:51 AM
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Prospective Marriage Visa - NOIM

I am in Australia and my partner lives in Vietnam. I just came back from Vietnam where we submitted the paperwork for the prospective marriage visa.

We are intending to get married in Vietnam. The lady at the office said I needed to fill out a NOIM. I thought NOIMs were only needed if we were getting married in Aus. She said if we got married in Vn it would have to be a partner Visa.

I tried to explain she would come here then we would go back to Vn to get married and then come back to Aus. In this case do I still need to submit a NOIM?


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Old 08-14-2010, 09:33 AM
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Quote:
Originally Posted by kennyg View Post
I am in Australia and my partner lives in Vietnam. I just came back from Vietnam where we submitted the paperwork for the prospective marriage visa.

We are intending to get married in Vietnam. The lady at the office said I needed to fill out a NOIM. I thought NOIMs were only needed if we were getting married in Aus. She said if we got married in Vn it would have to be a partner Visa.

I tried to explain she would come here then we would go back to Vn to get married and then come back to Aus. In this case do I still need to submit a NOIM?
It's just the way the regulations are written and as would apply to most people probably and being set by legislation it cannot be altered.
If you have a look at the applying for this visa section Checklist you will see a reference to providing evidence of your intended marriage in Australia, a letter from a minister or a registered celibrant and they are the ones who need the NOIM.
So the thing to do would be to visit a celebrant and explain that you have a fiance who is hopefully getting a PMV and if you are not too sure of a date they may still be prepared to make a tentative booking with or without a NOIM and give you a letter or you just use a copy of the NOIM initialled by the celebrant.
Hopefully they will not reject your application on the grounds you have not provided Australian marriage advice.
Once your fiance comes in on the PMV you can then return to Vietnam, cancelling the NOIM on departure, get married over there and then either apply for the spouse visa from over there or come back and apply from here.
It sounds like the Immi lady has not fully grasped your intent and way of using the PMV.

PS. I wouldn't let on to the celebrant that you're not intending to go through with it here.





Last edited by Wanderer; 08-14-2010 at 09:35 AM.

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Old 08-15-2010, 03:36 AM
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Quote:
Originally Posted by Wanderer View Post
It's just the way the regulations are written and as would apply to most people probably and being set by legislation it cannot be altered.
If you have a look at the applying for this visa section Checklist you will see a reference to providing evidence of your intended marriage in Australia, a letter from a minister or a registered celibrant and they are the ones who need the NOIM.
So the thing to do would be to visit a celebrant and explain that you have a fiance who is hopefully getting a PMV and if you are not too sure of a date they may still be prepared to make a tentative booking with or without a NOIM and give you a letter or you just use a copy of the NOIM initialled by the celebrant.
Hopefully they will not reject your application on the grounds you have not provided Australian marriage advice.
Once your fiance comes in on the PMV you can then return to Vietnam, cancelling the NOIM on departure, get married over there and then either apply for the spouse visa from over there or come back and apply from here.
It sounds like the Immi lady has not fully grasped your intent and way of using the PMV.

PS. I wouldn't let on to the celebrant that you're not intending to go through with it here.
Thanks for the advice.

In the Partner Migration booklet on pg 32 it says evidence you intend to marry within 9 months. Must be a signed letter from an authorised marriage celebrant including date and place of planned ceremony. Then it goes on to say if you plan to marry in Australia, the celebrant must confirm a NOIM has been lodged. It doesn't say you have to get married here.

Looks like the easy way is to get a NOIM here. Or is it better to get married here and then have caremony over in Vn?

I wish the immi lady at the consulate spoke better english.......Hard to explain anything to her.


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Old 08-15-2010, 05:47 AM
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Quote:
Originally Posted by kennyg View Post
Thanks for the advice.

In the Partner Migration booklet on pg 32 it says evidence you intend to marry within 9 months. Must be a signed letter from an authorised marriage celebrant including date and place of planned ceremony. Then it goes on to say if you plan to marry in Australia, the celebrant must confirm a NOIM has been lodged. It doesn't say you have to get married here.

Looks like the easy way is to get a NOIM here. Or is it better to get married here and then have caremony over in Vn?

I wish the immi lady at the consulate spoke better english.......Hard to explain anything to her.
Yes, must admit I had focused on the Australian situation and so a good pick up and so if you're arranging to get married in Vietnam I imagine they will have some form of documentation you can provide re a wedding date.
I've known of at least one poster on this forum who inferred she had received a PMV without having wedding advice as some aren't too interested in arranging it until in Australia and that's understandable.
Whether your fiance's absence of advice is overlooked will just depend on the CO.
As to getting married here and then a ceremony in Vnam, why do you not just get married over there and there's also mention somewhere about P32 - 34 of if you have a PMV application in and then get married before it is granted, advise them of that and the visa gets considered as a partner visa.
Probably save you a bit of messing around and perhaps even grief if they do reject the application on grounds of no advice and it is about $800 cheaper.





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