SalmanM

Please help me

I got my PR 175 visa in May and now moving to Australia permanently in coming October 2009. I'm engaged and have plans to marry before departure so that my wife could apply once i get there and join me later. I just got to know that i cant marry before activating my PR and they will reject spouse visa, so the only way is enter australia, activate PR, come back and then marry and apply.

Please let me know if its so as it will take me lot of time and expendures to move and get back in such a short time

Thanks in advance

Dorothy

If you have a condition on your visa which says you cannot marry before validating then you cannot marry before validating. It's simple. You can validate your visa and then go home to get married and sponsor your new spouse. Yes it's expensive, but if you have the condition then that's the way it is.

SalmanM

Thanks for your reply, but on my visa grant letter, no such condition was mentioned so I'm confused how to get relevant information about it

helloshivahere

There is no such conditions I seen in my grant letter.

you can marry before u validate but obligation is that you may notify to DIAC that you got married. Any how you cant add your wife name on application for VISA already granted.

Later after validation you can apply spouse visa (many classes choose which is best for u - I guess its 100 match for u )

http://www.immi.gov.au/migrants/part...rtner/309-100/

aman_sharma2k1

Hello Salman,

I am in the same boat. I got my PR in July..I intend to marry in this DEC..After that I would like to either validate my visa in Feb 2010, come back and then apply for wife's visa OR go to AUS and settle down there and then apply for my wife's visa and then move together to AUS.( but first is my preferred option, I want to move there with my wife together)..But I have below doubts:

1. Do I need to validate my visa before my wife could apply for spouse visa?

I think I must validate my visa before I could sponsor my wife.

2. Can I marry before I validate my visa? :

I think yes I can...Nowhere on DIAC site it's written that We cannot marry before we validate the visa. No condition mentioned on Visa stamp also.

2. Do I need to be in AUS for atleast 2-3 months before I can apply for spouse visa? Or I can validate come back and apply for spouse visa?

I think I can just validate visa and come back and apply for wife's visa. See the below link:

http://www.immi.gov.au/migrants/part...ty-sponsor.htm

This link mention the eligibility criteria for sponsor..No where it is mentioned that sponsor need to be in AUS before spouse can apply for visa.

Anyways I have asked my Agent..he said he will get it clarified and will update me ....

will keep you guys updated!!

Aman

supriyag123

Hey Aman...pls keep us updated on what ur agent says on this..I have just applied for 175, and planning to get married mid-next yr...thr is good possibility tht I will be in the same situation then as u guys r facing now...so good to know it beforehand

eurosyl

Hi Salman,

Check your grant letter for conditions imposed on your visa. I was granted 175 visa and in my letter (and on the visa label) condition 8515 is imposed, reading 'The holder of the visa must not marry before entering Australia'. You should be able to check the conditions through the VEVO application too.

If such condition applies, then as others have said already, you indeed need to validate the visa first before marriage and applying for spouse visa.

Cheers,
Sylvia

zenith09

hi ,

where did you see this condition, can you please paste the exact lines from the letter, as i didnt find ne such condition on my visa

Dorothy

Then you don't have that condition attached to your visa. It's simple.

zenith09

Yes you are right, thats the way it is , i was just curious about the lines and may b that will help ne 1 else to check for the exact thing.

Well i arrived on 17th Aug before that i got married too ie on 31st July , i did let the CO (via change of circumstances)know she told me in reply that i need to apply seperately for her visa.

I need to see how i can fullfil the evidence of geniuine relationship , as there are lots of requirment to that.

Pollyana

Have a read of http://www.immi.gov.au/allforms/booklets/books1.htm which will tell you all about applying for a Spouse visa.

JAJ

Even if there is no "must not marry" condition, any change in family circumstances before validation must be notified to DIAC and the visa can be cancelled if there are health or character issues with the spouse.

Also, non-citizens sponsoring for a spouse visa must be "usually resident" in Australia.

SalmanM

Guys,

I have also sent a query to DIAC family section and today i got the reply

Mr Masood I can confirm that all previous information sent to you is correct. It is fine for you to marry prior to activating your permanent residence.

So it seems that we may go for wedding before activating our PR but to sponsor the spouse, i think one must be resident in Australia

SalmanM

Well, that sounds reasonable to update DIAC before marriage, anyone knows should we contact our case officer who approved our case or information could be sent at general DIAC information desk?

helloshivahere

I guess you should use PLE

Co might not reply to all mails. and DIAC says that all communication handled by ASPC communication unit