Applying For Visa

[tinytot]

Just a quick question,

I am just wondering while my girlfriend has a 6 month tourist visa and we marry in oz, can we apply for spouse visa whilse she is still in oz or does she have to go back thailand first?

I wont be telling application centre we will marry in oz while she comes here on torist visa! Or do u think i should tell them, Just thought if we can apply for spouse visa while g/f is here in oz then that will kill some time off waiting,

Thanks hope i can get some answers... Cheers tinytot

[gburns57au]

My mate asked me the same question today....

First to apply for a spouse visa you need to be married unless applying for a de facto status. So you would need to tell them if you are married before applying.

The applicant needs to be in the country of application at the time the visa is granted...if apply in Oz then must be in Oz for the visa to be granted...If she is in Oz on a tourist visa then a more substantive visa will not be granted while she is here...

So in short...she needs to apply in Thailand..

The application in Oz is usually for when the fiance visa is obtained first...

Hope that assists

Edited October 7, 2006 by gburns57au

[Mighty Mouse]

A Prospective Marriage Visa that will allow you to marry in Oz.

It may be a more expensive to do it this way as you still need to apply for a Spouse Visa once married, but at least you are not separated from your partner whilst the application is processed.

Read about it here.

[kateb]

If she is in Oz on a tourist visa then a more substantive visa will not be granted while she is here...

Gburns57au, are you sure? I was granted TR partner migration visa while I was on visitor visa class 676. We applied my partner migration visa based on de facto relationship since my husband (boyfriend back then) and I had lived together for more than 1 year while I was on student visa. After I graduated, I applied for visitor visa to come back here for my graduation day and while I was on visitor visa we applied for partner migration visa. Our circumstance may be a little different. (Obviously if you are on sponsored visitor visa you can't apply for partner migration, but if you come here independently you may be eligible). I think you could also, in the mean time, getting a bridging visa if your visa run out while waiting for your TR visa's outcome. It was like that back then in 2001 but I didn't need bridging visa, my TR visa was granted in 2 weeks after lodging application.

Mighty Mouse's advice was incorrect. You can't apply for prospective marriage visa while you are in Australia. Please read Migration Booklet at http://www.immi.gov.au/allforms/booklets/1127.pdf . Page 27 states "If you intend to apply for this visa, you must be outside Australia when you apply and when the visa is granted."

Kateb

[gburns57au]

Gburns57au, are you sure? I was granted TR partner migration visa while I was on visitor visa class 676. We applied my partner migration visa based on de facto relationship since my husband (boyfriend back then) and I had lived together for more than 1 year while I was on student visa. After I graduated, I applied for visitor visa to come back here for my graduation day and while I was on visitor visa we applied for partner migration visa. Our circumstance may be a little different. (Obviously if you are on sponsored visitor visa you can't apply for partner migration, but if you come here independently you may be eligible). I think you could also, in the mean time, getting a bridging visa if your visa run out while waiting for your TR visa's outcome. It was like that back then in 2001 but I didn't need bridging visa, my TR visa was granted in 2 weeks after lodging application.

Kateb

Yes....as I have mentioned on another thread, the difference between 2001 and present day is miles apart.

If you are here on a Tourist/visitor visa you will not be granted a more substantive visa...and unless there are exceptional circumstances you will not get an extension either. For a spouse, de facto or fiance visa, the applicant must be in the country of application for the visa to be granted...as they will not grant one while the applicant is on a tourist visa then the applicant must be in Thailand...it follows then that the application must be made in Thailand.

Bridging visas in these instances are granted if there is a delay in processing a spouse visa after a fiance visa has been granted and its conditions met.

Edited October 11, 2006 by gburns57au

[gburns57au]

Mighty Mouse's advice was incorrect. You can't apply for prospective marriage visa while you are in Australia. Please read Migration Booklet at http://www.immi.gov.au/allforms/booklets/1127.pdf . Page 27 states "If you intend to apply for this visa, you must be outside Australia when you apply and when the visa is granted."

Kateb

I think you misread MM's post...

He didnt state that you could apply for PMV while in Oz...He said that it would allow you to marry in Oz once granted...and then apply for a spouse visa without having to live apart.

[Mighty Mouse]

I think you misread MM's post...

He didnt state that you could apply for PMV while in Oz...He said that it would allow you to marry in Oz once granted...and then apply for a spouse visa without having to live apart.

Thank you Graham, that's exactly what I meant.

My post should be read in context with the OP question. Tinytot was asking about applying for a T/V in Thailand and then marrying in Oz. My suggested alternative was to apply for a PMV (in Thailand) and then marry in Oz.