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496 granted - is marriage before first entry possible?

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496 granted - is marriage before first entry possible?

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Old Oct 29th 2008 | 5:58 am
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Question 496 granted - is marriage before first entry possible?

Hi everyone,

I found out that I sorta have the same situation as lordkrishna.

I have been asking this question in a lot of forums already and it seems I'm about ready to give up. No one has given me a direct answer. Hope someone from this forum can help me.

In lordkrishna's case, he was asking about a 495 SIR visa. In my case, it's a Skilled - Designated Area Sponsored (Provisional) visa (subclass 496). My fiance got approved last month. We have been engaged since Oct 2007. Our dilemma is, how can I be included as his dependant? Can we get married before his initial entry? Is that advisable? If we can, what are the steps needed so he can lodge my application, if that's even possible?

Someone please help me. I've been told that I'll have to wait for him to become a PR so he could sponsor me! I might as well die now. I've been crying my eyes out these past days. I can't bear the thought of being away that long!!!
 
Old Oct 29th 2008 | 6:03 am
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Default Re: Inclusion of SPOUSE in 495 SIR after visa grant.

Originally Posted by bluefairy
Hi everyone,

I found out that I sorta have the same situation as lordkrishna.

I have been asking this question in a lot of forums already and it seems I'm about ready to give up. No one has given me a direct answer. Hope someone from this forum can help me.

In lordkrishna's case, he was asking about a 495 SIR visa. In my case, it's a Skilled - Designated Area Sponsored (Provisional) visa (subclass 496). My fiance got approved last month. We have been engaged since Oct 2007. Our dilemma is, how can I be included as his dependant? Can we get married before his initial entry? Is that advisable? If we can, what are the steps needed so he can lodge my application, if that's even possible?

Someone please help me. I've been told that I'll have to wait for him to become a PR so he could sponsor me! I might as well die now. I've been crying my eyes out these past days. I can't bear the thought of being away that long!!!
The first thing to look at is whether his visa is marked "Must not marry before first entry". Many visas granted to single people have this clause on them.
 
Old Oct 29th 2008 | 6:14 am
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Default Re: Inclusion of SPOUSE in 495 SIR after visa grant.

Sorry for not including that info but No, it doesn't have that condition.
 
Old Oct 29th 2008 | 11:15 am
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Default Re: Inclusion of SPOUSE in 495 SIR after visa grant.

just bumping this thread so it won't get lost again.

Hope someone knows 'bout my case

Thanks
 
Old Oct 29th 2008 | 5:50 pm
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Default Re: Inclusion of SPOUSE in 495 SIR after visa grant.

Originally Posted by bluefairy
just bumping this thread so it won't get lost again.

Hope someone knows 'bout my case

Thanks
I am going to put your posts into a new thread instead of tacked onto a very old one. Might get a clear answer that way. No need to keep bumping it though
 
Old Oct 29th 2008 | 5:52 pm
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Default Re: Inclusion of SPOUSE in 495 SIR after visa grant.

Originally Posted by bluefairy
Sorry for not including that info but No, it doesn't have that condition.
Thats a good start, beyond that I don't know though, we will have to wait for an expert
 
Old Oct 29th 2008 | 7:02 pm
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Default Re: 496 granted - is marriage before first entry possible?

I am happy to take this to DIAC for an answer - I'll report back, though it may be a day or three before we have a response.

I anticipate you can simply be added to your fiance's visa after you are married on production of the marriage certificate.

Do you plan to marry before moving to Australia, assuming it isn't a problem with the Department?

Best regards.
 
Old Oct 30th 2008 | 12:24 am
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Default Re: 496 granted - is marriage before first entry possible?

Thanks Pollyana! You have been very helpful.

And Alan, your help is very much appreciated. You guys have made me smile today.

Anyway, if it wouldn't be a problem with the dept, then we might get married before he leaves. We are still waiting though for the visa stamp on his passport. Condition 8515 might be there (if that's possible to not have it on the visa grant letter but have it on the visa stamp).

I hope you will be the bearer of good news!
 
Old Dec 10th 2008 | 5:22 pm
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Default Re: 496 granted - is marriage before first entry possible?

I have a reply from the Department!

"If Condition 8515, which prevents the holder from marrying before entering Australia, is not imposed on the holder's visa 496, the holder is permitted to marry before entering Australia.

If the couple marry before entering Australia, the visa applicant can apply for inclusion as a secondary applicant by completion of a Form 47ST."


Hope this helps.

Best regards.
 
Old Dec 16th 2008 | 3:54 am
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Default Re: 496 granted - is marriage before first entry possible?

Unfortunately, he just received his visa stamp, and lo and behold, the 8515 condition became alive!!! GRRRR!!! How could it not appear in the visa grant letter and yet appear in the visa stamp? What could have happened had we gotten married before he got his visa stamp....

Anyway, nothing I can do now. So disappointed. Don't know how long we are going to be apart...it sucks.

Thanks to Mr. Alan Collett for the info!!! Very much appreciated!
 
Old Dec 16th 2008 | 8:08 am
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Default Re: 496 granted - is marriage before first entry possible?

Originally Posted by bluefairy
Unfortunately, he just received his visa stamp, and lo and behold, the 8515 condition became alive!!! GRRRR!!! How could it not appear in the visa grant letter and yet appear in the visa stamp? What could have happened had we gotten married before he got his visa stamp....

Anyway, nothing I can do now. So disappointed. Don't know how long we are going to be apart...it sucks.

Thanks to Mr. Alan Collett for the info!!! Very much appreciated!
Dear BF,

In fact you should be able to make a separate application as a secondary applicant, so all is not lost. I take it that you have married by now? The absence of the 8515 condition in the grant letter is a bit of a red herring since I think you would still have had to pay the visa application charge for this visa, so essentially still in the same position as before.

Cheers,

George Lombard
 
Old Dec 17th 2008 | 12:56 am
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Default Re: 496 granted - is marriage before first entry possible?

^^no, we didn't get married for fear that the 8515 condition would appear in his visa stamp (and my nightmare did come true!!! geez)

Anyway, I don't mind paying the visa application charge, it's just that the process would take longer for us. It's a long story!

I appreciate Mr. Collett and Mr. Lombard for all the help they extended to me.

Happy Holidays everyone!

Last edited by bluefairy; Dec 17th 2008 at 12:59 am.
 
Old Dec 17th 2008 | 4:11 am
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Default Re: 496 granted - is marriage before first entry possible?

By the way, would anyone know how many months (hopefully not years) it would take for a secondary applicant to be approved (or rejected)?

Thanks in advance!
 

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