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on-shore spouse visa

on-shore spouse visa

Old Jul 9th 2002, 12:29 pm
  #1  
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Default on-shore spouse visa

hi all! Im an ozzy citizen....My fianc'e is American....she came out here on a visitor visa, so we could meet. We've been living together for 5 mths. She's due to be booted from ozz real soon.

The plan is this: she comes back in as a tourist in a couple of months.... we live together for another month or 2, then we get married, apply for the spouse-visa ON-SHORE....in-stead of off-shore... The problem is this: Everyone we've talked to...including a migration specialist, say that this is not possible, or we'll get our application rejected.....We've read booklet 1 from DIMIA, it says you can. Would there be anyone out there that could shed some light on this particular subject?

thanks.
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Old Jul 9th 2002, 3:06 pm
  #2  
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Default Re: on-shore spouse visa

Hiya

Although we applied for my husband's spouse visa in the UK, I remember this question came up around the same sort of time.

I think there is a 1 day turnaround for on-shore visa applications provided you have all the correct documentation. But as for whether you'd be allowed to marry her whilst she was over on a holiday visa, I really don't know. You may have to marry abroad, bring her to Oz and then apply.

Do a search on 'spouse visas' and see what it chucks out....alternatively one of the migration agents who contribute to this forum might be able to shed more light on it for you.

Sorry I couldn't be of more help

love sophia xx
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Old Jul 10th 2002, 3:10 am
  #3  
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Default Re: on-shore spouse visa

My fiance and I have just gone through the process of applying for a Prospective Marriage Visa. We met whilst he was in Aus on a Working Holiday Visa and we did look into the possibility of getting married before his visa ran out to avoid what we throught would be a 6 month separation if we applied for the fiance option (6 months was the processing time quoted by AHC at the time we applied). As it turned out our application was approved in 3 weeks so the separation wasn't as long as we expected.

You can apply for a spouse visa on-shore, however these are intended for people like us who apply after the Prospective Marriage stage and for other valid visa types etc. We were advised that we could get married whilst my fiance's Working Holiday Visa was still current and apply on-shore, but he then would've had to apply for a Bridging Visa until the Spouse Visa was approved and work rights on those are not always guaranteed. The on-shore Spouse Visa is not intended for people on Tourist Visas. If you did get married under the circumstances you're suggesting, your girlfriend is effectively violating the conditions of the visa on which she originally entered the Country and the Immigration Department don't look favourably on people who try and circumvent the system in this way.

We decided it wasn't worth taking a short cut and we applied using the appropriate method. We didn't want to risk my fiance's long term chances of being granted permanent residency down the track.

Good luck and perhaps you should just give the Immigration information line a call and ask them directly. It's annonymous and at least then you're getting an answer from the source.
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Old Jul 10th 2002, 4:28 am
  #4  
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Default Re: on-shore spouse visa

Another different circumstance - we applied in Oz for a de-facto spouse visa 4 months ago after my partner (a brit) arrived in oz on a tourist visa. I am a brit and after being made redundant in UK - we thought we would come here and check it out and see if its what we wanted. We checked with immigration in the UK and In oz and they all stated that we were perfectly within our rights.

We put the application in with full medical and police checks and we meet the conditions (have been together 3+ years, and living together for 18 months) we recieved a letter after 2 weeks asking for a couple of extra forms - which we sent in and since then - nothing.

My partner cannot work - and until we know what is going on it is difficult for me to take on a full time position. The stress is beginning to wear us down.

We have tried to speak to the case officer - but been fobbed off - with the answer that he will email us - but nothing.

Any suggestions/simular situations/expectations on how long to wait.

We would like to get married and buy a house once this is all sorted out - didnt want to get married just for a visa and partner cannot sell house in UK until know what is going on.

be great to hear from someone
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Old Jul 10th 2002, 12:20 pm
  #5  
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Default Re: on-shore spouse visa

Hi,

Don't know what migration specialist you spoke to, but the plan can certainly work
and a lot of people come in that way. There are some pitfalls and I would recommend
you get professional advice before you do it.

Cheers

George Lombard

www.austimmigration.com.au johnnmicki wrote in message
<[email protected]>...
    >hi all! Im an ozzy citizen....My fianc'e is American....she came out here on a
    >visitor visa, so we could meet. We've been living together for 5 mths. She's due to
    >be booted from ozz real soon.
    >
    >The plan is this: she comes back in as a tourist in a couple of months.... we live
    >together for another month or 2, then we get married, apply for the spouse-visa
    >ON-SHORE....in-stead of off-shore... The problem is this: Everyone we've talked
    >to...including a migration specialist, say that this is not possible, or we'll get
    >our application rejected.....We've read booklet 1 from DIMIA, it says you can. Would
    >there be anyone out there that could shed some light on this particular subject?
    >
    > thanks.
    >
    >
    >
    >--
    >Posted via http://britishexpats.com
 
Old Jul 13th 2002, 3:26 am
  #6  
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Default Re: on-shore spouse visa

Thanks to everyone for your replies. We still dont know which way were going to go......maybe the fianc'e visa......? Hmmmm.
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