496 granted - is marriage before first entry possible?
#1
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!!!
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!!!
#2
Home and Happy










Joined: Dec 2002
Posts: 94,305
From: Keep true friends and puppets close, trust no-one else...











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!!!
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!!!
#3
Sorry for not including that info but No, it doesn't have that condition.
#4
just bumping this thread so it won't get lost again.
Hope someone knows 'bout my case
Thanks
Hope someone knows 'bout my case
Thanks
#5
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Joined: Dec 2002
Posts: 94,305
From: Keep true friends and puppets close, trust no-one else...











#6
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Joined: Dec 2002
Posts: 94,305
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#7
Migration Agent










Joined: May 2002
Posts: 6,461
From: Offices in Melbourne, Brisbane, Perth, Geelong (Australia), and Southampton (UK)











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.
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.
#8
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!

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!
#9
Migration Agent










Joined: May 2002
Posts: 6,461
From: Offices in Melbourne, Brisbane, Perth, Geelong (Australia), and Southampton (UK)











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.
"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.
#10
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!
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!
#11
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!
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!
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
#12
^^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!
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.
#13
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!
Thanks in advance!




