RE: Spouse Visa for Australia coming from India

[Sarge]

Hi all and hope all is well.

We are confused and need solid guidance.
My fiance and myself have just received a visa denial from the Australian Embassy in Delhi.

My fiance, she is living in India and I live in Sydney Australia. From last year we applied for spouse via through an agent who stated that it would be fine to apply without meeting each other.

Our relationship started (arranged through the families, she is my second cousin) in Jan 2008 and we decided to continue with our relationship in March. Then in November on the phone I proposed to her and we became engaged.

The document were received by the embassy in March this year and the response from the embassy was that we have not met. I asked the agent that he stated to me that it would be ok and then he stated that the embassy received a complaint from someone in India that, "she wants to come to Australia but not to marry.." This started a family dispute in India and Australia, but that is another story.


Anyway I am preparing to go to India to see my fiance and was would like to know.

What would be the best process to apply for visa?
1/ should we get married and then apply. But people say that if it fails then it will take a long time but another people say it strengthen the application
2/ our just apply for spouse temp visa as a fiance. So we can get married here in Sydney.

Please any help our guidance will be great as we are getting mixed information.

Thanks.

[vinny]

My fiance, she is living in India and I live in Sydney Australia. From last year we applied for spouse via through an agent who stated that it would be fine to apply without meeting each other.

Relationship

You must have met (as adults) your intended spouse in person and know him or her personally. This must be the case even if: ...

[Sarge]

My fiance, she is living in India and I live in Sydney Australia. From last year we applied for spouse via through an agent who stated that it would be fine to apply without meeting each other.

Relationship

You must have met (as adults) your intended spouse in person and know him or her personally. This must be the case even if: ...

HI Vinny,

I gathered after the fact as the information provided by the immigration agent in Sydney was not correct.

My current dilema and the main question is would it be ideal and strengthen the visa process if our marriage happens before the visa?

[Obie]

I gathered after the fact as the information provided by the immigration agent in Sydney was not correct.

My current dilema and the main question is would it be ideal and strengthen the visa process if our marriage happens before the visa?

Are you an Australian Citizen. I am confident it will be much easier if you two got married.

I will suggest you do your research rather than depending on those agents as they are only after money.

Good luck

[Sarge]

Are you an Australian Citizen. I am confident it will be much easier if you two got married.

I will suggest you do your research rather than depending on those agents as they are only after money.

Good luck

Thank Obie for responding. I am an Australian Citizen for many years. Is it really much of a difference in applying for visa compare from fiance and married? I wonder how they look at the differences.

After going through an agent and see how they process each people application (while waiting in their office) i was amazed at how good they push paper around and not cross their t's and dot their i's

[Obie]

Thank Obie for responding. I am an Australian Citizen for many years. Is it really much of a difference in applying for visa compare from fiance and married? I wonder how they look at the differences.

After going through an agent and see how they process each people application (while waiting in their office) i was amazed at how good they push paper around and not cross their t's and dot their i's

When you apply for fiance visa, you will need to establish you have had a durable relationship for a period of time, you will need to show evidence of joint financial statement, bills in both of your names, evidence you have been establishing contacts like email messages, holiday together, pictures as well. When you are married the burden of proof is much lesser, you will only need to prove you have adequate resource to ensure she is not a burden to Australia.

I suggest you guys meet up and take pictures together, show letters you have written to each others and so on, if you don't want to get married yet.

How is Sydney and the beaches, it must be the dead of night there now, is it not. It is getting up to midday in Ireland.

I wish you every success mate

[Sarge]

When you apply for fiance visa, you will need to establish you have had a durable relationship for a period of time, you will need to show evidence of joint financial statement, bills in both of your names, evidence you have been establishing contacts like email messages, holiday together, pictures as well. When you are married the burden of proof is much lesser, you will only need to prove you have adequate resource to ensure she is not a burden to Australia.

I suggest you guys meet up and take pictures together, show letters you have written to each others and so on, if you don't want to get married yet.

How is Sydney and the beaches, it must be the dead of night there now, is it not. It is getting up to midday in Ireland.

I wish you every success mate

Well as you said that burden of proof is less when married. The ideal was that she get married here in Australia but as it looks now we may need to think about getting married in India but I heard that it can take a while to do so. I will surely take all the phone records and the gifts and letters as proof. I can understand from their point that they need re assurance about the financial aspect.

I am not sure how long they will take to clear her visa if they do it through marriage vise but its in their hands.

Oh the beaches are fantastic as it is winter here the waves are more frequent. In Sydney its 2 degrees in the early morning which is not a typical Sydney weather Bondi and Manly beaches are so quiet compare to summer time.

In about 12 hours check out this link: http://www.northbondirsl.com.au/cam.html as it is night time and it will show how the beaches are like

[Obie]

Have a look at this link, which states the requirements.

http://www.immi.gov.au/migrants/partner ... onship.htm

If you are able, who had provided these requirements, i will strongly recommend you appeal the decision.


Otherwise work towards it, or get married.

Thanks for the link,i will check it before i go to bed

[Sarge]

Have a look at this link, which states the requirements.

http://www.immi.gov.au/migrants/partner ... onship.htm

If you are able, who had provided these requirements, i will strongly recommend you appeal the decision.


Otherwise work towards it, or get married.

have looked at these and working in building it ourselves instead of that agent. I was told by a legal lawyer not to appeal it as it will be refused as we have never met each other in person.

The law changed in June 2008 that a couple need to see each other in person (face to face).

This is a federal ruling which was passed down : http://www.austlii.edu.au/au/cases/cth/ ... 8/110.html

Getting the information and compiling going to be the fun part so far we will decide to get married but of course we will decide that first.

[Obie]

Thanks again for that link. What a lovely view.

All my mates adores it.

Thanks for that Australian Ruling you sent me.

Their laws seem liberal despite the ruling in comparison to the ones we have in Europe.

Some of the European states have increased the age of marriage, and adopted more and more restrictions, to discourage people marrying people for their home country.