imaxx

A friend's daughter is marrying her boyfriend who in holding a student visa. My friend's daughter has a PR. They are young and in love and it is a whirlwind romance (they went into a relationship last Oct 2011). If they file for a partner visa and DIAC could not prove the genuiness of their relationship, I suppose the visa will be refused and the student visa of the guy will be cancelled in effect. Will the PR visa of my friend's daughter be at risk to be cancelled as well?

I am not familiar with the other visa subclass as I came here on a 175. If you can please share your thoughts about this scenario. I just want to help my friend because she worries about her daughter's visa.

Thanks in advance

Bermudashorts

Err no? If the application is refused the application is refused. It has nothing to do with the two existing visas.

Also note that if they only met in october and are unmarried, the partner visa application will amost certainly be refused.

Pollyana

If they apply before they can prove they have been living together for 12 months it will be refused on those grounds, but that won't affect their other visas. The existing visas would only be at risk if they made a fraudulent claim - eg claimed to be in a relationship when they aren't. If the relationship is genuine they just need to wait till they have the 12 months.

roaringmouse

The OP says that they're marrying, so once married there is no 12 month requirement for the partner visa.

imaxx

Thanks for your replies. Talked to my friend and relayed your responses. I learned she is actually against the marriage because the daughter is only 21 and still going to uni. She wanted to stop the ceremony and report that it is a sham wedding. Will that put her daughter's visa to a risk of permanent revocation? Her daughter's PR is by virtue of being a dependent of my friend's 175 back in 2009. Any other inputs? Thanks again.

joojay

Tell your friend to stop meddling in her daughter's affairs. She is 21, not a baby. Your friend may give her opinions and try to show her daughter the other possible side of the story BUT to go as far as REPORTING the marriage would be horrible.
By the way, I think that if it is reported that its a sham marriage, her daughter's visa may be in trouble because she would be a part of the FRAUD marriage.

Dorothy

Agreed. OP, tell your friend to butt out. Her daughter is an adult and can make her own mistakes. It may just be the happiest of marriages. I met my husband on Christmas day, he moved in with me by mid January and got married in October of the same year. We have now been married for over 20 years and have 2 teenage children. Sometimes whirlwind romances work out.

No, the daughter's visa would not be in trouble because she married someone. If the marriage was proven to be a sham and if DIAC cared to prosecute and if she were convicted of fraud then maybe DIAC may consider revoking her visa. But it is a pretty shitty thing for a mother to threaten her daughter with.

Pollyana

Yep, if they get married they won't have to prove any cohabitation, but DIAC will look for evidence of some kind of relationship - and they should both be aware that the relationship has to last until PR is granted or the spouse (student) will have to leave unless they can come up with another visa quickly.

Pollyana

As long as they are aware of the pitfalls its up to them, and as long as they are doing it for genuine reasons and not just to get him a visa, good luck to them

mrsgreenstar76

GRRRRRR!!! It really annoys me when parents pull crap like this! My family tried everything they could to interfere with/stop my wedding (I was 19 at the time) - from bribery to threatening to kidnap me. We even had contingency plans in place in case they did try to kidnap me on the day of the wedding! Quite frankly, I told them to kiss the fattest part of my backside! I hope that her daughter tells her where to stuff her interference! My husband & I have recently celebrated our twelfth anniversary & are as happy as ever. As long as the daughter is marrying for the right reasons (i.e. as Pollyana says, not just to get him a visa), then I wish them all the happiness in the world. Good luck to them! Especially good luck to him - it sounds like he's inheriting a beast of a mother in law!


+1

+1

+1

Dorothy

Wouldn't that be +1, +2 and +3?

mrsgreenstar76

Good point!

campervanfan

We need a "like" button !

imaxx

whew! surprised with the responses thanks everyone, I will relay all your input. It is good to have several points of view. I posted the question here because I am biased. Personally, from my own experience, and I learned it the hard way, mothers know best. Mum didnt like my first boyfriend who I eventually married. It ended in a disaster Good thing I was able to come out of it alive and in one piece.

cheers!

Pollyana

Its almost two different issues though - whether the girl should be marrying him or not is more of a family concern maybe, and needs to be dealt with by the family.
But the visa issue is separate - a threat to " shop" them to DIAC is serious and could have long term ramifications for both of them - I really don't think that is fair and she ought to think long and hard about it.