Tina Baker

I am in Perth on a temporary long stay visa (for 6 months) staying with my Mum until my 138Visa is accepted/rejected which should be January some time (if the timelines don’t alter too much!). If I am successful and get a permanent Visa, can I get married to my fiancé (who is also here on a working holiday visa) and then apply for a visa for him as a Spouse?

Also, if I am successful in my visa application will I have to go back to the UK for it to be granted? Should I tell the DIMIA that I am in Australia? Or because of ‘Big Brother’ will they know already!?

JAJ

1. Yes of course you need to tell DIMIA (your case officer in Adelaide) you are in Australia.

2. You will need to leave Australia to be granted your visa. As you're in Perth you may find somewhere like Singapore, KL or HK more convenient than Auckland. If you do choose one of these offices, you need to check the local process for evidencing visas, eg some offices may not allow it in person (Auckland does).

3. You should tell DIMIA you are engaged, even though a fiance cannot be added to a 138 application. If you marry before visa grant, you must add him to the application. If you marry after you validate, you will need to sponsor for a spouse visa. You will not be allowed to marry between your 138 being granted and validated, although this time window should be short in your circumstances.

Jeremy