Jump to content

You're currently viewing the forum as a Guest
register-now-button_orig.png
and join in with discussions   
ask migration questions
message other members

..and much much more!

Sign in to follow this  
Guest Libby6

Spouse Visa 820 & 801 or extension of Tourist Visa - please help.

Recommended Posts

Guest Libby6

Hi new to the boards and wondering, (though it might seem obvious to some) which application to go with.

 

I am English, marrying an Australian girl at the end of January. We are in love - legit relationship met over eighteen months ago. I spent one month in Sydney a year ago and she came to visit me in Ireland for 3 months. Now I'm here again from November until Tourist visa runs out in early February.

 

Question is this: We'll have about four days before my visa runs out from the time we marry and we're wondering do I apply as her now Spouse/Husband for the 820 and 801 Visa or, in those four days (because it's so short in the leadup to when I'm supposed to leave) or apply for Extension to Tourist Visa 601 - then do the Spouse Visa later????

 

Just not sure if we have enough time to collate all our correspondence/evidence of legit loving relationship in the four days gap - do we get time to do that? Would I be granted an interim visa? Anybody know.

 

Also, is the Certificate of Marriage which will be given to us on the day of our marriage the only thing we need, first off? We will be marrying in a Registry Office first off then plan to have another small gathering of family and friends later.

 

Any advice appreciated.

 

Hugh

Share this post


Link to post
Share on other sites

What you're expected to do is prepare your spouse visa application now and submit it once you're married. Once you've submitted the application you'll be automatically placed on a bridging visa until the spouse visa is dealt with.

 

The marriage certificate is not considered (by itself) proof of a committed and ongoing relationship. You should read the Partner migration booklet to better understand all the hoops you need jump thru: 1127.pdf (application/pdf Object)

 

Hope this helps :o)

Share this post


Link to post
Share on other sites
Guest Libby6
What you're expected to do is prepare your spouse visa application now and submit it once you're married. Once you've submitted the application you'll be automatically placed on a bridging visa until the spouse visa is dealt with.

 

The marriage certificate is not considered (by itself) proof of a committed and ongoing relationship. You should read the Partner migration booklet to better understand all the hoops you need jump thru: 1127.pdf (application/pdf Object)

 

Hope this helps :o)

 

All due respect (and I appreciate any info offered in the spirit in which it is intended i.e. good I hope) we are not applying for a Fiance (Prospective Marriage Visa) - my understanding was/is that to apply for the 820/801 you have to be married already or in a defacto relationship - I have read thoroughly and downloaded the 40SP 47SP etc and read a lot of threads re this and we are putting together information re the history of our committed and ongoing relationship.

 

My question was re the fact we will be legally married about a week before I'm due to leave Oz on my Tourist Visa so should we put docs in now while we're not married? I think that would be a different situation?

 

Still, I'm humbly asking if anyone was/is in this situation. It was originally suggested to us we just ask for an extension of my tourist visa as my fiance's relative is getting married (i.e. extend stay for special event).

 

Thing is we don't want to muddy the waters & give a false appearance, as we do intend on marrying in a short while and we do intend on building a life for ourselves in Oz.

 

And I read your answer again, maybe I'm being a bit dim. :err: You're saying prepare it, submit once married and bridging visa granted. Okay. Thank you for taking the time to respond.:biggrin:

Suppose we were wondering all the info. have to go in prior to us marrying. We've lots of stuff.

Share this post


Link to post
Share on other sites

The link to the booklet I gave you covers all forms of partner migration (PMV, married, same, defacto, onshore, offshore). As I say, it has lots of good information about applying for partner visas.

 

I would caution you against asking for your tourist visa to be extended to go to a relatives wedding and then use the extension for your own marriage.. Your case officer will have access to this information once your spouse visa app has been submitted and it would certainly look a bit odd.

Share this post


Link to post
Share on other sites
Guest Libby6

I would caution you against asking for your tourist visa to be extended to go to a relatives wedding and then use the extension for your own marriage.. Your case officer will have access to this information once your spouse visa app has been submitted and it would certainly look a bit odd.

 

Her relative's wedding will actually be after our own, so... But, thankyou. We want to, and will be doing everything above board. Hence my original question.

 

It's just a matter of getting all our info. together. Thank you so much Peach. :biggrin:We'll get busy on it all.

 

On a side note: Is there any caution in the experience of those who've done this before about using or not using an Immigration Lawyer for this? I mean would we be likely to be successful if we do it ourselves?

 

Thank you all in advance.

Share this post


Link to post
Share on other sites

I'd say that most people who apply for partner visas do so WITHOUT the assistance of a migration lawyer and are just as successful as those that do. The ones that fail are the ones who ignore the instructions! (such as the 12 month living together rule for unmarried couples).

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

×