rej1724 Posted August 17, 2014 Share Posted August 17, 2014 hi my mum has applied for contributory parent visa 173 and i have been shown as a dependent because i am studying full time...its been almost a year n a half that we have applied it for...and now we hoping to get a co soon....my question is....after i get my cpv visa 173 can i marry my gf immediately and can i being her to sydney on spouse visa...?? plzz help...!!! Link to comment Share on other sites More sharing options...
lebourvellec Posted August 17, 2014 Share Posted August 17, 2014 No - one if the conditions that will likely be imposed that you can not marry before you validate the visa. Also as the 173 is the temp cpv that does not convert to PR cpv until after 2 years. You can not sponsor for partner visa on a temp visa as you require to be a PR. even when you gain PR 143 you will not be able to sponsor your partner for 5 years due to the limitations imposed on this visa. If you are currently in a defacto relationship since you are ready to get married this would make you ineligible as a dependent being in a defacto relationship. "Permanent contributory parent visa holders who were granted their visa on or after 1 July 2009 may also be prevented from sponsoring a partner or fiancé for a period of five years from the date of visa grant." So to answer your question unless you girlfriend qualifys for a visa herself you have at least 7 years wait from date of grant of the 173 before you are eligible to sponsor for a partner visa. Link to comment Share on other sites More sharing options...
rej1724 Posted August 17, 2014 Author Share Posted August 17, 2014 Hi just want to know even though I can't sponsor her but can I marry her immediately ?? And she would apply for her visa on her own basis ??? Link to comment Share on other sites More sharing options...
lebourvellec Posted August 17, 2014 Share Posted August 17, 2014 If you marry her then you are no longer eligible to be a dependent in the 173 application and you will need to be removed and be eligible for your own visa. Link to comment Share on other sites More sharing options...
lebourvellec Posted August 17, 2014 Share Posted August 17, 2014 "A child of any age is not considered to be dependent if they are currently married, engaged to be married or in a de facto relationship." http://www.immi.gov.au/visas/including-family-members.htm Link to comment Share on other sites More sharing options...
rej1724 Posted August 17, 2014 Author Share Posted August 17, 2014 So it means I can only marry her once I get my cpv 143 with me and then too I can't sponsor her for another 5 years and then she would have to apply on her own basis.. Link to comment Share on other sites More sharing options...
lebourvellec Posted August 17, 2014 Share Posted August 17, 2014 If you want to move to Australia with your partner it may be wise to look at other options for you both to get a visa as currently your looking at 7 years before you can sponsor your partner and at least 2 before you are able to get married, as I suspect you may need to prove dependency when apply for 143 from the 173. But as it states above if you are engaged you are no longer considered as dependent. Link to comment Share on other sites More sharing options...
rej1724 Posted August 17, 2014 Author Share Posted August 17, 2014 well we both are not engaged yet....but there are feelings for each other and would want to get married one day...so was thinking about the whole procedure..and now i think i would have to give a second thought about my visa... Link to comment Share on other sites More sharing options...
Pumpkin Posted August 17, 2014 Share Posted August 17, 2014 well we both are not engaged yet....but there are feelings for each other and would want to get married one day...so was thinking about the whole procedure..and now i think i would have to give a second thought about my visa... You are sailing very close to the wind on this. If you are about to get married you should come off your mothers visa and look to apply for your own visa with your wife to be. Link to comment Share on other sites More sharing options...
scattley Posted August 17, 2014 Share Posted August 17, 2014 You are sailing very close to the wind on this. If you are about to get married you should come off your mothers visa and look to apply for your own visa with your wife to be. I agree. You will be asked multiple questions on your spouse visa application including when you got engaged, and you will need statements from friends and family to corroborate,.if that date is before you validated your visa you could find your own visa removed as you lied when you arrived (were no longer a dependant of your mothers). Be very careful...a lie at this stage could come back to bite you and your mother hard in the future Link to comment Share on other sites More sharing options...
rej1724 Posted August 18, 2014 Author Share Posted August 18, 2014 Uumm but I don't think so it's necessary To get engaged to marry someone can't she just come on a tourist visa to Sydney once I get my cpv173 and then can't we marry in court..?? Link to comment Share on other sites More sharing options...
rej1724 Posted August 18, 2014 Author Share Posted August 18, 2014 I don't know but when I spoke to my agent he gave me a very illusionary picture that once I get cpv 173 I can work in australia I can get married bla bla bla and now when I am so close to get a co and I sit to plan something for my future I am getting these strange things to know...i am very disheartened... Link to comment Share on other sites More sharing options...
CollegeGirl Posted August 18, 2014 Share Posted August 18, 2014 "Engaged" simply means you have both agreed you will get married. It doesn't require any sort of special ceremony or party or anything of the like. It sounds like if you and your girlfriend are already planning for her to come over on a tourist visa and get married in court, you're already engaged. Link to comment Share on other sites More sharing options...
rej1724 Posted August 18, 2014 Author Share Posted August 18, 2014 But i just had a word with my agent again he told me and is still firm that yes once I get my cpv 173 I can marry anyone anywhere...so I am confused now Link to comment Share on other sites More sharing options...
CollegeGirl Posted August 18, 2014 Share Posted August 18, 2014 This information is very easy to verify yourself. Look on the Department of Immigration's website. You'll start on the 173, and then later apply for the 143 (the permanent part of the visa) in two years. Look at the requirements for the 143. Here's the page on the 143: http://www.immi.gov.au/Visas/Pages/143.aspx On this page, scroll down to where it says "If you have a Contributory Parent (Temporary) visa (subclass 173)." Click that little arrow next to it. In that section you'll see that it says: You must tell us if any of your family members are no longer dependent on you. So what makes you a dependent? In order to get that information, scroll back up on that page and click the tab that says "Visa Applicants." In that section, click the text that says "Including Family in Your Application." There, you'll see it says "These family members must meet the requirements for including family members in your application. " Click that link to see what the requirements are for being included as family on a 143. Once you're on that page, click "Dependent Child." You'll see there for yourself that it says "A child of any age is not considered to be dependent if they are currently married, engaged to be married or in a de facto relationship." So there you have it. Your agent is giving you wrong information. You can NOT be married, engaged, or in a defacto relationship when you are applying as a dependent for the 143 in two years. Now, if you're a less than scrupulous person, you might be thinking - well, how would Immi find out I got married if we didn't tell them? Well, if you get married in Australia, agencies share information, so you're caught out that way. Or, if you sponsor your partner for a partner visa, you'll be telling Immi yourself, because you're going to have to provide them with your marriage certificate, and they'll see you married before you applied as a dependent on the 143. Frankly, I'd re-examine the person you're using as an agent if they're giving you such bad information, especially if that agent is not MARA-registered. Link to comment Share on other sites More sharing options...
rej1724 Posted August 18, 2014 Author Share Posted August 18, 2014 i am in flux.....btw my agent is MARA-registered.. Link to comment Share on other sites More sharing options...
CollegeGirl Posted August 18, 2014 Share Posted August 18, 2014 Since the Immi website is sometimes not completely up-to-date, you may want to verify with one of the well-respected agents that hang out around here... @wrussell or @Alan Collett or maybe @Adam Grey might be able to verify. Link to comment Share on other sites More sharing options...
Pumpkin Posted August 18, 2014 Share Posted August 18, 2014 i am in flux.....btw my agent is MARA-registered.. Being MARA registered is a good start and it means some comeback for poor advice. But it does not mean that every MARA agent is correct in everything they say. My MARA agent gave me some incorrect information on something, yours is too. Link to comment Share on other sites More sharing options...
rej1724 Posted August 18, 2014 Author Share Posted August 18, 2014 Another piece of information that I just got through another migration agent that I just called to recheck... And shocked to know that even he is telling me the same thing...it's really confusing..my knowledge and proofs tell something else...and agents at telling an entirely different thing which is really contradictory to what ever is mentioned on the websites and other informatory places... Link to comment Share on other sites More sharing options...
Raul Senise Posted August 18, 2014 Share Posted August 18, 2014 Another piece of information that I just got through another migration agent that I just called to recheck... And shocked to know that even he is telling me the same thing...it's really confusing..my knowledge and proofs tell something else...and agents at telling an entirely different thing which is really contradictory to what ever is mentioned on the websites and other informatory places... It is difficult to advise based on the cursory information on your post, however, it appears that you have been advised correctly. That said, trying to assess your long term and not straight forward visa goals on a forum or using the Immigration website can be perilous. The definition of a member of family unit to be included as a secondary applicant is not simple, as there is no one size fits all definition. The term is defined by Regulation and has different meanings for different visa subclasses. There are literaly pages of Regulations and Policy for the term "member of family unit". If you are not confident of the long term advice you have been given by your Agent, ask them to clarify until you feel confident. That is what you are paying them for. Link to comment Share on other sites More sharing options...
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