Spouse or Dependent visa

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Spouse or Dependent visa


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Old 03-04-2011, 11:19 AM
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Arrow Spouse or Dependent visa

Hi there, im Ashleigh originally from Vietnam. I and my boyfriend are going to get marriage soon. He is Vietnamese too and applying PR in about 4 months while Im on my international student visa until 31/03/2013.

By the time he is applying for PR we would be a married couple, so should i change my visa to dependent visa or should i stay with my current visa.

If he applies for PR, would that be possible for me to apply PR depends on his?

Thanks


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Old 03-04-2011, 12:48 PM
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What you will be able to do Ashleigh will depend on your relationship and the options will be if he is applying for PR via a skilled visa and you have a residing together relationship of over 12 months or say six months seeing as you're getting married, then he could list you as a secondary applicant.

If he is in Vietnam and applying from there and you are here studying, then it'll not likely be possible that you can show your relationship as existing for all that long and it may be that he'll need to get his PR and come to Australia and then sponsor you as his spouse, however if he is here and you already have the relationship evidence and you're getting married here then declaring you as a secondary applicant should not be a problem.





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Old 03-04-2011, 09:40 PM
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Hi , thanks for replying. He í applying pr thru skilled immigration thing onshore. We didnt live together as my cultrure not allow me to . But we just signed a contract for an 1 bedroom apartment together so hope that it would help. Will they require a hard evident to prove the relationship as spouse or de faco or propective marriage ?

About the paper work, should i go to a lawyer and might u advise me how much will it cost ?

Thanks so much Mod

Ashleigh


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Old 03-05-2011, 12:44 AM
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Hi, and btw would that be difficult for my bf to apply pr. If it will create trouble for him, i might stay with my current student visa


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Old 03-05-2011, 01:07 AM
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Even with marriage, it is nominally about six months that a couple need to have a residing together relationship and though there may be less evidence required than for a defacto couple, there still needs to be some evidence of and you should have a look at the Booklet#1 via Family - Visas & Immigration and have a read of the sticky thread by elkitten to get a few ideas on type of information, names on a joint contract a good idea and if you have evidence of having known oneanother a fair while and say have got engaged, all that is good background.

Being an onshore visa application a secondary applicant also needs to meet eligibility requirements such as having an eligible visa and you should comply with that in being on a student visa yourself but also check the 885/886 eligibility for full details.
Also it is likely your fiance has to apply by April as there is a time limit after completion of studies and so he cannot delay that so as you can have the six months together.

That may not be a problem however as his visa could take more than 12 months to be processed and it will depend on whether he has applied for a 886 or a 885 and what his occupation is re what priority he'll have and the processing time.
So once you have a good six months together and more evidence of the relationship you can still be added as a secondary applicant whilst his visa is being processed.

The PMV is only for when an applicant is overseas.
As for a lawyer, there are immigration agents and their fee for processing a visa can be about $3000 or more in some cases but if you are prepared to study the information on the Immi web site, have a good look at relevant links etc., it is not rocket science and all visas have a great Checklist to follow when doing the actual application.
Start at Professionals and other Skilled Migrants - Workers - Visas & Immigration





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Old 03-05-2011, 01:57 AM
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Hi, thanks so so much.

Btw, i just asked one of my friend who got married 1 yr after he lodged his paper work applying for pr but his lawyer told him that its too late to add his wife application in .

Uwhy the lawyer saying that? Thanks. My bf graduated as bachelor in civil engineering.


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Old 03-05-2011, 08:31 AM
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It would depend on the details and if the friend already had PR granted, then it is too late and the partner visa sponsorship approach needs to be followed.
But if the friends PR visa was still being processed, I'm not sure why the lawyer would say that and perhaps he did just not want to delay the PR processing which adding a secondary applicant so late could.
Doing it 5-6 months after your then husband applies should not cause too great a delay and the main thing is to check your own eligibility to be added as a secondary applicant.
A Civil Engineer will be on Priority #3 for a 885 and it could be about 12 months for total processing time, perhaps a bit longer or maybe shorter.
If he does not get his police checks done straight away and waits for them to be requested, that might be a good time to get you added as a secondary applicant.





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Old 03-06-2011, 08:51 PM
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, thanks heaps Wanderer.

So it will be:
- I and my boyfriend put in the intention to get married on wednesday and hopefully to be able to married next month.
- He lodge his application for Pr as soon as he can
- I and him are collecting all the evidences prove our relationship
- Im lodge in additional application (myself) in after his about half year as a partner.


I tend to keep studying until next Jun/Jul so if i put my application in, do i have to cancel my student visa, which visa i will grant because he is not lodge his paper in yet. Im trying to look at immi web to see whether im eligible for applying PR depend on his application but i couldnt find anywhere cause they only mention if i get married to a PR or Aus citizen. We just signed a contract for 1year period but with the owner not the agent, would that still be ok?

XD, thanks


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Old 03-07-2011, 08:36 AM
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Hi Wanderer,

I just found out today that my boyfriend didnt do any paper work regard his application. He dkdnt do the AFP, ielts test and medical check yet :|. plus his visa eill be expired on 15/03 gives us another 1 week to go. What shoould we do now?? Thanks

Ashleigh


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Old 03-07-2011, 12:09 PM
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Quote:
Originally Posted by Ashleigh.ng253 View Post
Hi Wanderer,

I just found out today that my boyfriend didnt do any paper work regard his application. He dkdnt do the AFP, ielts test and medical check yet :|. plus his visa eill be expired on 15/03 gives us another 1 week to go. What shoould we do now?? Thanks

Ashleigh
There may not be too much he can do and he may have done away with his opportunity to stay and apply while in Australia.
The 885/886 both require the IELTS or at least if having sat the yest, I think there may be provision to supply the IELTS results within 28 days of making the application but he ought to check that with a call to Immi and if so, see if he can get in somewhere for an IELTS test.
There is also the 485 he may be able to use as an interim but again he needs to check re the IELTS
Skilled – Graduate (Temporary) visa (subclass 485)

If he needs the IELTS in for either application there will be no point in applying without it and risking loss of the application fee for the application would most likely be rejected.
The police checks and medicqal examinations do not need to be put in with the application.

However, without any ability to put an application in, he may not have much choice other than to leave Australia.
One last chance may be that if he has an IELTS booked and sees Immi, they may be able to suggest a bridging visa for him that could allow an application once he has a successful IELTS result, so very quickly like today he should:
1. Find out about the IELTS
2. Get into an Immi office and see if he can get some clarification for what he can do.
Failing any good news [ as Immi are not really there as advisors ] he may want to look at investing in seeing an immigration agent for at least an initial consultation - Migration Institute of Australia





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