spouse visa

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spouse visa


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Old 06-18-2011, 07:19 AM
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spouse visa

i am legally married to chinese lady who will be coming to aust on tourist visa next month for 3 months then we will register marriage in aust
question 1 where can we do this
question 2 can we extend this tourist visa to 6 months
question 3 when she is in aust can we apply for spouse visa while she is in aust or will she have to return to china to begin this process
also for anyone marrying in china we only had 1 problem my single cert from aust does not say you are single only says you are not married you must get a stat declaration if you do this in aust get it notarised as well,i had all documents translated as well these were not required in nanjing as foriegn marrage office understand english very well
regards mal


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Old 06-18-2011, 01:01 PM
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Hi there,

If you're legally married in China you don't need to register it in Australia. You just need the marriage certificate from the marriage registry in China, translated of course, to prove you are married. I imagine you had to get a Certificate of no impediment from the Australian embassy when you married in China? If the embassy also issued a certificate of report of marriage, that's also useful to apply for the partner visa.

If she comes on a tourist visa to apply for a spouse visa onshore, be sure it doesn't have a no further stay condition on it. If it does, she can't lodge any further visa onshore and will have to leave Australia to apply for the partner visa.

If I were you, I'd apply in China while you are still together. It's cheaper, and a little faster than doing it onshore. Take a look at this sticky for more on the difference between lodging on or offshore:

http://www.australiaforum.com/visas-...ing-visas.html

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Old 06-18-2011, 01:10 PM
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if we register for a spouse visa now can she still come here on her tourist visa
regards mal


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Old 06-18-2011, 01:26 PM
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Yes, she can visit Australia while the visa is being processed, but she still has to leave when the tourist visa is up. And, if you lodge a partner visa offshore you must be offshore when it is granted, so she can't be in Australia.

You need to let DIAC know when you lodge the partner visa if she plans to travel to Australia on a tourist visa.

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Old 06-19-2011, 12:31 AM
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thanks aussie girl ,I am back in aust now my wife is still in nanjing she will recieve her tourist visa next week if we do the spouse visa and lodge in person in shanghai could she leave for aust on same day or does she have to wait ex amount time before she comes for holiday
regards mal


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Old 06-19-2011, 03:45 AM
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I think she should call ahead to the embassy in Shanghai and inform them of her plans. I don't think there is a problem, as long as she gives them reliable contact details in case they need to contact her about the application.

If there is a problem with leaving on the same day she lodges, the embassy will surely tell her.

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