umair

Hello Forum mates,

I myself has granted 176 PR Visa 3 months ago, looking to land over Melbourne in 1-2 months.

I have luckily got married last month and interesting to apply for my wife's visa(Subclasses 309 and 100). I do have questions about Partner visa application

- Can I apply for spouse visa myself as Sponsor? Or only she can apply for that.

- As I haven't make validation entry yet, Can we apply for spouse visa now from overseas? or I'll first have to validate my PR visa?

- What is the average processing time for getting spouse visa grants?

- Is there any age constrain for partner? My wife is 17.

Please share opinions.

Thanks.
Umair

Pollyana

She has to apply for it, its her visa. Have a read of the Partner booklet at http://www.immi.gov.au/migrants/fami...as-partner.htm which will tell you about how to apply, age restrictions etc.

As for timelines - depends on where you are applying from and a million other factors. even the 5-6 months in the UK can get much longer if the case is complex.

goldchoccycoin

Please check there is no Condition 8515 written on your visa - which if present means you cannot marry before first entry into Australia. If it's not written as a condition then you're fine.

Best of luck.

roaringmouse

You will need to complete Form 1022 (notification of change in circumstances) as you've had a change in circumstances before initial entry.

umair

goldchoccycoin, No there is no condition defined on my visa.
roaringmouse, So I can provide Form 1022 now after visa grant and then I can apply for spouse visa before initial entry?

Thanks.

roaringmouse

All I said was that you need to complete and submit Form 1022 due to the change in circumstances. Initial entry still needs to be completed.

pcheng

The marriageable age in Australia is 18 years of age. However, foreign marriages where one or both of the parties are under 18 years old may be recognised if both parties were at least 16 years of age at the time of marriage and:
1. The marriage was valid in the country in which it was solemnized and
2. Neither party to the marriage, for the purposes of the Marriage Act, was domiciled in Australia at the time of the marriage

So you also need to be under 18, or you need to wait til your wife turns 18

mrsgreenstar76

If you look at his original post, he hasn't even validated yet. So he wasn't living in Australia at the time of the marriage.

moneypenny20

How do you work that out? According to your own words, ONE or both are under 18 may be recognised if BOTH parties were at least 16. The OP is obviously over 16, in fact he's obviousy over 18 as he was granted a 176.