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Second stage Spouse Visa
HI - I'm about to post my prospective marriage visa and just wondering about the temporary Spouse visa (part 2). We get married on the 7th April 07 and hopefully Visa will be granted in July. Now if that is the case - we will have 2 weeks before the 9month period runs out. Do we have to apply for the second stage before this runs out? I know I can fill in the forms and get most things ready before the wedding but is two weeks going to be long enough to get marriage certificate and everything sent off? It's not is it?
Ahhhh more confusion, please help!! |
Re: Second stage Spouse Visa
Originally Posted by PrincessUK
HI - I'm about to post my prospective marriage visa and just wondering about the temporary Spouse visa (part 2). We get married on the 7th April 07 and hopefully Visa will be granted in July. Now if that is the case - we will have 2 weeks before the 9month period runs out. Do we have to apply for the second stage before this runs out? I know I can fill in the forms and get most things ready before the wedding but is two weeks going to be long enough to get marriage certificate and everything sent off? It's not is it?
Ahhhh more confusion, please help!! Make sure everything possible is ready beforehand - the main delay is getting the certificate from the registrars office. Make sure that the marriage celebrant knows how tight the timeline is, and tell them they have to file the papers at once. Don't stress yet though - wait till the Pros Marriage visa is granted, then at least you have a date to work to :) |
Re: Second stage Spouse Visa
Originally Posted by Pollyana
Its certainly cutting it fine. You don't HAVE to file it before the visa expires, but you certainly OUGHT to, otherwise you are technically in breach of the Pros Spouse visa conditions - and I think it might cost more!
Make sure everything possible is ready beforehand - the main delay is getting the certificate from the registrars office. Make sure that the marriage celebrant knows how tight the timeline is, and tell them they have to file the papers at once. Don't stress yet though - wait till the Pros Marriage visa is granted, then at least you have a date to work to :) |
Re: Second stage Spouse Visa
Originally Posted by Pollyana
Its certainly cutting it fine. You don't HAVE to file it before the visa expires, but you certainly OUGHT to, otherwise you are technically in breach of the Pros Spouse visa conditions - and I think it might cost more!
Make sure everything possible is ready beforehand - the main delay is getting the certificate from the registrars office. Make sure that the marriage celebrant knows how tight the timeline is, and tell them they have to file the papers at once. Don't stress yet though - wait till the Pros Marriage visa is granted, then at least you have a date to work to :) Hi Pollyanna, It's a very rare moment when I get to pull up the visa angels on a point of law but I think I've got you this time. I'll try to be gentle... The deal is that if you apply for a subclass 820 visa then you must be onshore and either the holder of a substantive visa or have a very good reason why you didn't lodge in time. See http://www.austlii.edu.au//cgi-bin/d...998/12452.html for an example. What happens if your reason isn't compelling is that the application is refused. Compelling reasons, unfortunately, don't extend to migration agent error so I doubt that visa angel error is given any more weight. Cheers, George Lombard www.austimmigration.com.au |
Re: Second stage Spouse Visa
Originally Posted by George Lombard
Hi Pollyanna,
It's a very rare moment when I get to pull up the visa angels on a point of law but I think I've got you this time. I'll try to be gentle... The deal is that if you apply for a subclass 820 visa then you must be onshore and either the holder of a substantive visa or have a very good reason why you didn't lodge in time. See http://www.austlii.edu.au//cgi-bin/d...998/12452.html for an example. What happens if your reason isn't compelling is that the application is refused. Compelling reasons, unfortunately, don't extend to migration agent error so I doubt that visa angel error is given any more weight. Cheers, George Lombard www.austimmigration.com.au |
Re: Second stage Spouse Visa
Originally Posted by George Lombard
Hi Pollyanna,
It's a very rare moment when I get to pull up the visa angels on a point of law but I think I've got you this time. I'll try to be gentle... The deal is that if you apply for a subclass 820 visa then you must be onshore and either the holder of a substantive visa or have a very good reason why you didn't lodge in time. See http://www.austlii.edu.au//cgi-bin/d...998/12452.html for an example. What happens if your reason isn't compelling is that the application is refused. Compelling reasons, unfortunately, don't extend to migration agent error so I doubt that visa angel error is given any more weight. Cheers, George Lombard www.austimmigration.com.au When I applied for my temp residence I was told that if I didn't get my marriage cert in time before the pros Marriage visa ran out then I could still file the application but I would be in breach of the original conditions AND it would cost me more - which is what I said on my last post! I wasn't told that I couldn't file it or that it would be refused!!! If I'd known it was likely to be refused I would have changed my entire timeline and probably have stayed in the UK, and got married while he was visitng me there. noone ever mentioned refusal - that is quote scary as it puts the applicant at the mercy of the celebrant and the registrar's office. I know of one poster whose marriage certificate hadn't been filed three years after the wedding. Good thing that guy was on a business visa and didn't need the certificate quickly. If he had been on a Pros Spouse Visa he would have been refused - end of visa, marriage, future in Aus. That is a very scary situation - you have to file onshore, but you have no control over the timeline of the paperwork that is essential for the visa. I think i shall stop advising people to look at Pros Spouse Visas as a viable option. Knowing what I know now I wouldn't do it that way again - far too risky. Apologies to people I have misled by repeating what an agent (not George) told me. |
Re: Second stage Spouse Visa
Originally Posted by Pollyana
I'm no angel - I just repeat info told to me!
When I applied for my temp residence I was told that if I didn't get my marriage cert in time before the pros Marriage visa ran out then I could still file the application but I would be in breach of the original conditions AND it would cost me more - which is what I said on my last post! I wasn't told that I couldn't file it or that it would be refused!!! If I'd known it was likely to be refused I would have changed my entire timeline and probably have stayed in the UK, and got married while he was visitng me there. noone ever mentioned refusal - that is quote scary as it puts the applicant at the mercy of the celebrant and the registrar's office. I know of one poster whose marriage certificate hadn't been filed three years after the wedding. Good thing that guy was on a business visa and didn't need the certificate quickly. If he had been on a Pros Spouse Visa he would have been refused - end of visa, marriage, future in Aus. That is a very scary situation - you have to file onshore, but you have no control over the timeline of the paperwork that is essential for the visa. I think i shall stop advising people to look at Pros Spouse Visas as a viable option. Knowing what I know now I wouldn't do it that way again - far too risky. Apologies to people I have misled by repeating what an agent (not George) told me. |
Re: Second stage Spouse Visa
Originally Posted by Pollyana
I'm no angel - I just repeat info told to me!
When I applied for my temp residence I was told that if I didn't get my marriage cert in time before the pros Marriage visa ran out then I could still file the application but I would be in breach of the original conditions AND it would cost me more - which is what I said on my last post! I wasn't told that I couldn't file it or that it would be refused!!! If I'd known it was likely to be refused I would have changed my entire timeline and probably have stayed in the UK, and got married while he was visitng me there. noone ever mentioned refusal - that is quote scary as it puts the applicant at the mercy of the celebrant and the registrar's office. I know of one poster whose marriage certificate hadn't been filed three years after the wedding. Good thing that guy was on a business visa and didn't need the certificate quickly. If he had been on a Pros Spouse Visa he would have been refused - end of visa, marriage, future in Aus. That is a very scary situation - you have to file onshore, but you have no control over the timeline of the paperwork that is essential for the visa. I think i shall stop advising people to look at Pros Spouse Visas as a viable option. Knowing what I know now I wouldn't do it that way again - far too risky. Apologies to people I have misled by repeating what an agent (not George) told me. Hi Polly, You can still apply without the marriage certificate, but you might want some extrinsic evidence that the wedding took place... ... and you're certainly an angel, although a little on the witchy side, I agree :-) Cheers, George Lombard www.austimmigration.com.au |
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