Prospective marriage visa
Jul 1st 2003, 4:06 pm
#1
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Prospective marriage visa
Just wondering if anyone has experience of the following:
My prospective marriage visa is well in hand. We are awaiting return of police checks which we think is the final requirement.
What if I travel to Australia on a holiday visa before the prospective marriage visa is approved?We hope the visa will be approved before the planned wedding on the 23rd August in Perth. If so would have to re-enter Australia on the new visa?
Conversely, if the prospective marriage visa has NOT arrived by the 23rd August and we get married and change the application to stage 2 (temporary spouse) will I be able to (a) work and (b) wait another four months for it to be processed?
My prospective marriage visa is well in hand. We are awaiting return of police checks which we think is the final requirement.
What if I travel to Australia on a holiday visa before the prospective marriage visa is approved?We hope the visa will be approved before the planned wedding on the 23rd August in Perth. If so would have to re-enter Australia on the new visa?
Conversely, if the prospective marriage visa has NOT arrived by the 23rd August and we get married and change the application to stage 2 (temporary spouse) will I be able to (a) work and (b) wait another four months for it to be processed?
Jul 1st 2003, 4:23 pm
#2
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Assuming this is an application in the UK for a prospective marriage visa, I think I am right in saying :
- You can travel to Oz on a tourist visa while waiting the grant of the Pros Marriage, but you have to be outside of Oz when it is granted, so you will have to come back.
My visa (Pros Marriage) has the condition on it that I cannot marry before my first entry (ie when I validate the visa), and that I must enter Australia and then get married.
If you enter on a Pros Marriage Visa, you are allowed to work, BUT if you enter on a tourist visa, marry, and then apply for the spouse visa, you are there on tourist visa rules - which means no work until the spouse visa comes through.
Plus, I suspect that if you have already lodged your Pros Marriage application, they will know about it at Immigration when you go in on a tourist visa, and if they suspect you are going in specifically to get married they will refuse you entry.
- You can travel to Oz on a tourist visa while waiting the grant of the Pros Marriage, but you have to be outside of Oz when it is granted, so you will have to come back.
My visa (Pros Marriage) has the condition on it that I cannot marry before my first entry (ie when I validate the visa), and that I must enter Australia and then get married.
If you enter on a Pros Marriage Visa, you are allowed to work, BUT if you enter on a tourist visa, marry, and then apply for the spouse visa, you are there on tourist visa rules - which means no work until the spouse visa comes through.
Plus, I suspect that if you have already lodged your Pros Marriage application, they will know about it at Immigration when you go in on a tourist visa, and if they suspect you are going in specifically to get married they will refuse you entry.
Jul 1st 2003, 4:48 pm
#3
Ex Mod (2002-2005)
Joined: May 2002
Location: NSW
Posts: 5,464
Originally posted by Pollyana
Assuming this is an application in the UK for a prospective marriage visa, I think I am right in saying :
- You can travel to Oz on a tourist visa while waiting the grant of the Pros Marriage, but you have to be outside of Oz when it is granted, so you will have to come back.
Assuming this is an application in the UK for a prospective marriage visa, I think I am right in saying :
- You can travel to Oz on a tourist visa while waiting the grant of the Pros Marriage, but you have to be outside of Oz when it is granted, so you will have to come back.
Peter
Jul 1st 2003, 9:05 pm
#4
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Re: Prospective marriage visa
>On Tue, 01 Jul 2003 16:48:40 +0000, ptlabs wrote:
>Originally posted by Pollyana
>> Assuming this is an application in the UK for a prospective marriage
>> visa, I think I am right in saying :
>> - You can travel to Oz on a tourist visa while waiting the grant of
>> the Pros Marriage, but you have to be outside of Oz when it is
>> granted, so you will have to come back.
Or go to New Zealand ...
Jeremy
This is not intended to be legal advice in any jurisdiction
>Originally posted by Pollyana
>> Assuming this is an application in the UK for a prospective marriage
>> visa, I think I am right in saying :
>> - You can travel to Oz on a tourist visa while waiting the grant of
>> the Pros Marriage, but you have to be outside of Oz when it is
>> granted, so you will have to come back.
Or go to New Zealand ...
Jeremy
This is not intended to be legal advice in any jurisdiction
Jul 1st 2003, 9:43 pm
#5
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Thanks Jeremy, I stand corrected! I was told that I would have to collect the visa from London, as thats where the application would be lodged, however I guess if it can be granted in NZ then that would make life easier for "Dunlop12" - assuming he can get in on a tourist visa having already lodged the prospective marriage one. Will they link the two up and look closely at his intentions on entering the country?
Jul 1st 2003, 11:39 pm
#6
Ex Mod (2002-2005)
Joined: May 2002
Location: NSW
Posts: 5,464
Originally posted by Pollyana
I was told that I would have to collect the visa from London, as thats where the application would be lodged
I was told that I would have to collect the visa from London, as thats where the application would be lodged
Usually a trip to NZ or Singapore would facilitate one's offshore visa grant.
Peter
Jul 2nd 2003, 12:06 am
#7
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So shucks to the guy who emailed me from Oz House in London (whoever he was!) - told me I'd have to be in the UK when the visa was granted. told me I couldn't get it done in NZ as I'm a UK resident & citizen! Hence, I front-loaded & took it to London. Bit annoying though - could have been in Oz months ago, and just hopped over to NZ to get my visa changed from tourist to fiance!
Ah well, such is life. I won't whinge - too much of that around here at present.
I will stop giving advice though, as a lot of the advice given to me (which I'm now passing on) seems to have been garbage!
Ah well, such is life. I won't whinge - too much of that around here at present.
I will stop giving advice though, as a lot of the advice given to me (which I'm now passing on) seems to have been garbage!
Jul 2nd 2003, 12:38 am
#8
Ex Mod (2002-2005)
Joined: May 2002
Location: NSW
Posts: 5,464
Originally posted by Pollyana
> So shucks to the guy who emailed me from Oz House in London
> (whoever he was!) - told me I'd have to be in the UK when the
> visa was granted. told me I couldn't get it done in NZ as I'm a
> UK resident & citizen! Hence, I front-loaded & took it to London.
Officers at High Commissions/Embasses sometimes give misleading advice, especially if it's verbal advice.
> Bit annoying though - could have been in Oz months ago, and
> just hopped over to NZ to get my visa changed from tourist to
> fiance!
Technically, being a UK citizen, you don't get a tourist visa. You get an ETA, which remains valid even after your departure from Australia. You override, rather than change, your ETA with the more favourable substantive visa of a prospective spouse visa, in your case.
> I will stop giving advice though, as a lot of the advice given to
> me (which I'm now passing on) seems to have been garbage!
Indeed, the actual law and regulations can be quite different from hear-say information. It's always a good idea to refer to the written law and regulations to be sure.
Peter
> So shucks to the guy who emailed me from Oz House in London
> (whoever he was!) - told me I'd have to be in the UK when the
> visa was granted. told me I couldn't get it done in NZ as I'm a
> UK resident & citizen! Hence, I front-loaded & took it to London.
Officers at High Commissions/Embasses sometimes give misleading advice, especially if it's verbal advice.
> Bit annoying though - could have been in Oz months ago, and
> just hopped over to NZ to get my visa changed from tourist to
> fiance!
Technically, being a UK citizen, you don't get a tourist visa. You get an ETA, which remains valid even after your departure from Australia. You override, rather than change, your ETA with the more favourable substantive visa of a prospective spouse visa, in your case.
> I will stop giving advice though, as a lot of the advice given to
> me (which I'm now passing on) seems to have been garbage!
Indeed, the actual law and regulations can be quite different from hear-say information. It's always a good idea to refer to the written law and regulations to be sure.
Peter
Jul 2nd 2003, 3:14 am
#9
Forum Regular
Joined: Mar 2002
Location: Melbourne
Posts: 56
"Officers at High Commissions/Embasses sometimes give misleading advice, especially if it's verbal advice."
You can say that again!! If there's one thing I've learnt during our dealings with the Immigration Dept is that you always, always do your own research!! Plus its not just High Comms/Embassies overseas that get it wrong, DIMA Melbourne seem to have staff who don't know that much either!!!
In regard to Dunlop12's query .... if it were me, I'd keep it as simple as possible, ie don't go withdrawing your fiance application to amend to spouse temporary or try to be tricky about getting around the system by using tourist visa or hopping across to NZ. From other posts on this forum and on the "timeline", it appears Partner Visas in the UK are being granted far quicker than they used to be, so as long as you've allowed the appropriate amount of time between submitting your application and the wedding date you should be fine. And remember if you do decide to withdraw your Prospective Marriage application and apply for Spouse, you are not applying for stage 2 anymore, you are applying for a straight-out spouse visa, which means having to re-supply all the info again, as opposed to just the minimal info required for stage 2 - we have just be granted the stage 2 spouse visa. Plus the waiting time is no doubt longer and you have no work rights on the tourist visa.
Good luck, I'm sure it will all come through in time.
You can say that again!! If there's one thing I've learnt during our dealings with the Immigration Dept is that you always, always do your own research!! Plus its not just High Comms/Embassies overseas that get it wrong, DIMA Melbourne seem to have staff who don't know that much either!!!
In regard to Dunlop12's query .... if it were me, I'd keep it as simple as possible, ie don't go withdrawing your fiance application to amend to spouse temporary or try to be tricky about getting around the system by using tourist visa or hopping across to NZ. From other posts on this forum and on the "timeline", it appears Partner Visas in the UK are being granted far quicker than they used to be, so as long as you've allowed the appropriate amount of time between submitting your application and the wedding date you should be fine. And remember if you do decide to withdraw your Prospective Marriage application and apply for Spouse, you are not applying for stage 2 anymore, you are applying for a straight-out spouse visa, which means having to re-supply all the info again, as opposed to just the minimal info required for stage 2 - we have just be granted the stage 2 spouse visa. Plus the waiting time is no doubt longer and you have no work rights on the tourist visa.
Good luck, I'm sure it will all come through in time.
Jul 2nd 2003, 11:44 am
#10
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Posts: n/a
Re: Prospective marriage visa
>On Wed, 02 Jul 2003 00:38:01 +0000, ptlabs wrote:
>Originally posted by Pollyana
>> So shucks to the guy who emailed me from Oz House in London
>> (whoever he was!) - told me I'd have to be in the UK when the
>> visa was granted. told me I couldn't get it done in NZ as I'm a
>> UK resident & citizen! Hence, I front-loaded & took it to London.
>Officers at High Commissions/Embasses sometimes give misleading advice,
>especially if it's verbal advice.
There may have been a misunderstanding.
A British citizen should normally apply for a visa at the Australian
High Commission in London, unless there are good reasons to apply
elsewhere, such as if he is a citizen or resident of another country.
Of course, with centralisation of some visa classes like general
skilled, you may have to apply to a central office, so this applies to
those visas where processing has not been repatriated to Australia.
Although there is nothing in the Regulations that obliges British
people to apply to London - as opposed to Auckland, for example -
London is the post that's most familiar with British people's
circumstances. Auckland would most likely forward an application for
a migration visa from a British citizen to London anyway, unless that
person was a resident of New Zealand.
But - an application can be processed, with visa granted in London,
and the visa can be stamped in Auckland. There is absolutely no
obligation on the person to be in the UK at time of grant of an
offshore visa applied through via London - just outside Australia.
And a visa granted in London can be stamped at another DIMIA post
outside Australia
>> Bit annoying though - could have been in Oz months ago, and
>>> just hopped over to NZ to get my visa changed from tourist to
>>> fiance!
With fiance visas you have to be outside Australia at time of
lodgement too. So you would have had to leave Australia, lodge (in
London if you wished, even if you were physically in NZ), return to
Australia, and then go back to NZ when London were ready to be granted
your visa. However you would not have been able to extend your time
in Australia on the strength of having a fiance visa application in
the system - there are no bridging visas for offshore applicartions.
>Technically, being a UK citizen, you don't get a tourist visa. You get
>an ETA, which remains valid even after your departure from Australia.
An ETA is a special type of tourist visa.
UK citizens do sometime get normal tourist visas if:
- they are barred from the ETA system, eg by having criminal
convictions; or
- they apply onshore; or
- they want to stay longer than the three months allowed by the ETA.
Jeremy
This is not intended to be legal advice in any jurisdiction
>Originally posted by Pollyana
>> So shucks to the guy who emailed me from Oz House in London
>> (whoever he was!) - told me I'd have to be in the UK when the
>> visa was granted. told me I couldn't get it done in NZ as I'm a
>> UK resident & citizen! Hence, I front-loaded & took it to London.
>Officers at High Commissions/Embasses sometimes give misleading advice,
>especially if it's verbal advice.
There may have been a misunderstanding.
A British citizen should normally apply for a visa at the Australian
High Commission in London, unless there are good reasons to apply
elsewhere, such as if he is a citizen or resident of another country.
Of course, with centralisation of some visa classes like general
skilled, you may have to apply to a central office, so this applies to
those visas where processing has not been repatriated to Australia.
Although there is nothing in the Regulations that obliges British
people to apply to London - as opposed to Auckland, for example -
London is the post that's most familiar with British people's
circumstances. Auckland would most likely forward an application for
a migration visa from a British citizen to London anyway, unless that
person was a resident of New Zealand.
But - an application can be processed, with visa granted in London,
and the visa can be stamped in Auckland. There is absolutely no
obligation on the person to be in the UK at time of grant of an
offshore visa applied through via London - just outside Australia.
And a visa granted in London can be stamped at another DIMIA post
outside Australia
>> Bit annoying though - could have been in Oz months ago, and
>>> just hopped over to NZ to get my visa changed from tourist to
>>> fiance!
With fiance visas you have to be outside Australia at time of
lodgement too. So you would have had to leave Australia, lodge (in
London if you wished, even if you were physically in NZ), return to
Australia, and then go back to NZ when London were ready to be granted
your visa. However you would not have been able to extend your time
in Australia on the strength of having a fiance visa application in
the system - there are no bridging visas for offshore applicartions.
>Technically, being a UK citizen, you don't get a tourist visa. You get
>an ETA, which remains valid even after your departure from Australia.
An ETA is a special type of tourist visa.
UK citizens do sometime get normal tourist visas if:
- they are barred from the ETA system, eg by having criminal
convictions; or
- they apply onshore; or
- they want to stay longer than the three months allowed by the ETA.
Jeremy
This is not intended to be legal advice in any jurisdiction
Jul 2nd 2003, 11:55 am
#11
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Many thanks everyone!
