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Alga2210

Change From Prospective Marriage To Partner Visa

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Hi everyone,

 

Im new to the forum and i have some question to ask, and thanks in advance for your answer.

 

We applied for the prospective marriage visa in n March and get medical requirement just 1 day after we lodged our application at the VFS Hanoi, Vietnam. It has been about 4 months and last time i checked, there is no CO assigned yet. In the NOIM, we planned to sign our marriage paper in Jan and now we are planning to get married earlier then the main celebration in Vietnam.

 

I heard that when you inform to the Consulate, it will automatically change into partner 309.

 

What about the processing time, does it re-start again or it keeps counting the date is in March? Cause our application has been 4 months now.

 

Thanks.

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Hi everyone,

 

Im new to the forum and i have some question to ask, and thanks in advance for your answer.

 

We applied for the prospective marriage visa in n March and get medical requirement just 1 day after we lodged our application at the VFS Hanoi, Vietnam. It has been about 4 months and last time i checked, there is no CO assigned yet. In the NOIM, we planned to sign our marriage paper in Jan and now we are planning to get married earlier then the main celebration in Vietnam.

 

I heard that when you inform to the Consulate, it will automatically change into partner 309.

 

What about the processing time, does it re-start again or it keeps counting the date is in March? Cause our application has been 4 months now.

 

Thanks.

 

The current standard processing time for partner visas (including prospective marriage visa applications) submitted in Vietnam is 12 months from date of visa application. As your prospective marriage visa application was only submitted in March of this year, you are well within the processing period. 

 

If at any time before the prospective marriage visa is granted you marry, then upon notifying the Department of Immigration that you have married, your application will then be treated as a partner visa (subclass 309). Of course you can only notifying them of your marriage once it has taken place.

 

For completeness once the prospective marriage visa is granted, you MUST not marry before making at least one entry into Australia prior to your marriage taking place. If you were to marry, then enter Australia, this would be a breach of your visa conditions.

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The current standard processing time for partner visas (including prospective marriage visa applications) submitted in Vietnam is 12 months from date of visa application. As your prospective marriage visa application was only submitted in March of this year, you are well within the processing period. 

 

If at any time before the prospective marriage visa is granted you marry, then upon notifying the Department of Immigration that you have married, your application will then be treated as a partner visa (subclass 309). Of course you can only notifying them of your marriage once it has taken place.

 

For completeness once the prospective marriage visa is granted, you MUST not marry before making at least one entry into Australia prior to your marriage taking place. If you were to marry, then enter Australia, this would be a breach of your visa conditions.

 

AVA just a question in relation to your last sentence, I was of the understanding that once the prospective marriage visa application was granted you could get married outside of Australia. Can you please clarify this for me. Thanks.

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AVA just a question in relation to your last sentence, I was of the understanding that once the prospective marriage visa application was granted you could get married outside of Australia. Can you please clarify this for me. Thanks.

 

You need to read back over what I posted.

 

ONCE the prospective marriage visa has been granted the holder must not marry before entering in Australia. This is because a prospective marriage visa will have Condition 8515 attached to it that provides exactly that "The holder of the visa must not marry before entering Australia".

 

Once the holder of the prospective marriage visa has made their first entry into Australia prior to marrying (Condition 8515) it is perfectly permissible for them to then leave and marry outside of Australia if they so choose.

 

Lastly after the marriage has taken place within the visa validity period, the holder must then apply for the partner visa.

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Many people who are granted a prospective marriage visa choose not to marry in Australia but offshore. This is perfectly permissible just as long as Condition 8515 is complied with. 

 

It is also very important that once they have married, the holder applies for a partner visa within then visa validity period of the prospective marriage visa. 

 

Note: If the applicant and sponsor do not marry within the visa validity period, this will be a breach of Condition 8519. The period to marry can also not be extended.

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Thanks for your reply!

 

What i meant is we want to get married earlier than our previous plan, prob on Oct this year (i guess with the processing time, its before the visa is granted).

 

Does it effect the processing time or is still the same? The processing time will be re-start or still count as applied in March?

 

Thanks

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Thanks for your reply!

 

What i meant is we want to get married earlier than our previous plan, prob on Oct this year (i guess with the processing time, its before the visa is granted).

 

Does it effect the processing time or is still the same? The processing time will be re-start or still count as applied in March?

 

Thanks

 

No it certainly wont re-start the processing time. Just make sure you provide any additional supporting documentation as soon as possible, such as your marriage registration for example.

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No it certainly wont re-start the processing time. Just make sure you provide any additional supporting documentation as soon as possible, such as your marriage registration for example.

Thanks AVA for your answer. I will call to the Consulate to check again tomorrow.

 

We were very confused about it cause i read somewhere said if you change from 300 into 309, the processing time will take longer. If it takes longer, i guess we will have to wait till PMV 300 is granted.

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Thanks AVA for your answer. I will call to the Consulate to check again tomorrow.

 

We were very confused about it cause i read somewhere said if you change from 300 into 309, the processing time will take longer. If it takes longer, i guess we will have to wait till PMV 300 is granted.

 

We have dealt with these situations and I can tell you that the processing does not simply start from the beginning. 

 

Just in relation to changing from the Prospective Marriage Visa to the Partner Visa. If the Applicant and Sponsor marry after the prospective marriage visa is lodged and before it is decided, then pursuant to section 46(2) of the Migration Act, and regulation 2.08E of the Migration Regulations, from the time the Department of Immigration receives notice of the marriage, the application will be treated as a spouse visa application. A new visa application charge is NOT required

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We have dealt with these situations and I can tell you that the processing does not simply start from the beginning.

 

Just in relation to changing from the Prospective Marriage Visa to the Partner Visa. If the Applicant and Sponsor marry after the prospective marriage visa is lodged and before it is decided, then pursuant to section 46(2) of the Migration Act, and regulation 2.08E of the Migration Regulations, from the time the Department of Immigration receives notice of the marriage, the application will be treated as a spouse visa application. A new visa application charge is NOT required

Yea i understand that they wont charge the application fee for changing into 309. What i wonder is about the processing time.

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Just to clarify for you too, once you marry and you change the application to the 309, that your application may require the further evidences that would normally be required over and above the 300 visa.  Such as evidence of living together, shared finances, length of time together as a couple, things that you normally wouldnt need for the PMV, as i beleive evidence for a 309 application will come under far more scrutiny than it would for a 300 visa.

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Just to clarify for you too, once you marry and you change the application to the 309, that your application may require the further evidences that would normally be required over and above the 300 visa. Such as evidence of living together, shared finances, length of time together as a couple, things that you normally wouldnt need for the PMV, as i beleive evidence for a 309 application will come under far more scrutiny than it would for a 300 visa.

Thanks firemansam, we have been together for about 6 years and got engaged for about 7 months and already put all of the evidence when we applied for PMV 300.

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Just to clarify for you too, once you marry and you change the application to the 309, that your application may require the further evidences that would normally be required over and above the 300 visa.  Such as evidence of living together, shared finances, length of time together as a couple, things that you normally wouldnt need for the PMV, as i beleive evidence for a 309 application will come under far more scrutiny than it would for a 300 visa.

 

This is an extremely good point added by Firemansam, and it is exactly for these reasons that it may take longer for the partner visa application to be decided. 

 

The time of application and time of decision criteria for a partner visa is very different to that of a prospective marriage visa. 

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We have dealt with these situations and I can tell you that the processing does not simply start from the beginning. 

 

Just in relation to changing from the Prospective Marriage Visa to the Partner Visa. If the Applicant and Sponsor marry after the prospective marriage visa is lodged and before it is decided, then pursuant to section 46(2) of the Migration Act, and regulation 2.08E of the Migration Regulations, from the time the Department of Immigration receives notice of the marriage, the application will be treated as a spouse visa application. A new visa application charge is NOT required

 

Bridge, is it possible then to apply the prospective marriage visa, to get into the system so to say as it can take 12 months, and then when you meet the de-facto requirements to get the application change to a partner visa based on de facto.

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Bridge, is it possible then to apply the prospective marriage visa, to get into the system so to say as it can take 12 months, and then when you meet the de-facto requirements to get the application change to a partner visa based on de facto.

 

In answer to your question, NO. 

 

The Migration Act & Regulations only provide for a prospective marriage visa to be treated as partner visa in circumstances where the applicant and sponsor have legally married prior to the prospective marriage visa being granted, and they have communicated this to the Department of Immigration. There is no provision to change from a prospective marriage visa to a partner visa based on satisfying the de-facto relationship criteria.

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I just check with the Consulate and they said the application date will change into the date we submit our marriage paper, not from March anymore but depend on each case, they might give the decision earlier.

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I just check with the Consulate and they said the application date will change into the date we submit our marriage paper, not from March anymore but depend on each case, they might give the decision earlier.

 

Whilst I don't disagree with what you were told, from my experience that is certainly not the case. 

 

Applications are dealt with in the order they are received. By marrying and advising the Department of Immigration that you have now married, you are taken to have applied for a partner visa from the beginning.

 

You said you spoke to the Consulate, where? Australian Consular service have nothing to do with Immigration.

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Whilst I don't disagree with what you were told, from my experience that is certainly not the case.

 

Applications are dealt with in the order they are received. By marrying and advising the Department of Immigration that you have now married, you are taken to have applied for a partner visa from the beginning.

 

You said you spoke to the Consulate, where? Australian Consular service have nothing to do with Immigration.

Its the Australian Consulate in HCM, all the partner visa application is processing in HCM, not in Hanoi.

 

Im still very confused about that. If we get married on Oct and change into 309, does it mean with 12 months processing time, the visa will be granted on March or Oct. If the waiting time is longer, we will wait to sign the marriage paper later then.

 

By the way, AVA can you help me to understand how they deal with the visa application, like steps to do it. It has been more than 4 months, but there is still no CO assigned yet, it seems nobody even look at our application. Do they process all the partner visa application in Aus or in the country we submitted our application.

 

Thank you very much!

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You need to read back over what I posted.

 

ONCE the prospective marriage visa has been granted the holder must not marry before entering in Australia. This is because a prospective marriage visa will have Condition 8515 attached to it that provides exactly that "The holder of the visa must not marry before entering Australia".

 

Once the holder of the prospective marriage visa has made their first entry into Australia prior to marrying (Condition 8515) it is perfectly permissible for them to then leave and marry outside of Australia if they so choose.

 

Lastly after the marriage has taken place within the visa validity period, the holder must then apply for the partner visa.

Hello,

I think I understand this - my circumstances are somewhat different and I would appreciate some advice.

My Vietnamese fiance and I applied for a Prospective Marriage Visa (PMV) last year ('16). Since then, she has visited Australia (again) on a 12 month Tourist Visa. We are getting married in Melbourne, on Feb 12 '17.

 

However, the department has just started processing our PMV. They have requested an additional document, which will we will provide on our visit to Vietnam, in 3+ weeks. My fiance will be allowed to return to Australia on her Tourist Visa. I have informed them (DFAT in VN) that we will be marrying in Melbourne.

 

From reading the above, are you able to advise what will happen if the PMV is granted while we are in VN, given that will be already married? Can we just apply for the PMV to be changed to a Partner Visa?

I am concerned that we may have to start from scratch and that we may lose the near-$7000 application fees for the PMV. 

 

Your advise is greatly appreciated.

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