Prospective marriage visa

[Emmanuel]

Maybe this is not really possible, but I could not give a client a definitive answer.

She is applying for a prospective marriage visa. The relationship is genuine and except if she has major medical problem, visa should be granted.

Now she raised this question: What if instead of getting married and applying for subclass 820, she applies for 820 on the basis of a defacto relationship. She has ample evidence for this if she waits for close to the 9 months validity of the prospective marriage visa.

I was about to say that this is not possible. But when I looked at the provision of subclass 820, it says that an applicant can satisfy the criteria for subreg 820.211(2) if the applicant is the defacto partner of the Australian sponsor. It does not exclude specific applicants.

Will this hold ground?

Thanks for your input.

[Zoltan Bertok]

There will be a breach of the mandatory condition of 8519.

{The holder must enter into the marriage in relation to which the visa was granted within the visa period of the visa.}

[Emmanuel]

Thanks Zoltan,


I was wondering whether that particular condition could be negated by the specific provision of subclass 820.

It might be a cheeky idea, but if she applies after the 300 expired, then the condition should no longer apply.

Thanks.

[Robert]

Hi Emmanuel

The health issue would be a problem in any case, unless waiver clause for 4005 is provided for 820. Call me any time we can look at the details.
I am off the Manila on the 2oth of january.

Best wishes for 2010.

Robert K Chelliah

[Sheelagh Blanckenberg]

Thanks Robert and Zoltan for assisting Emmanuel.

[Emmanuel]

Hi Robert, Sheila,


Thanks for the input.

Medical does not seem to be an issue. She is quite healthy, fact is her fiance is a doctor/specialist. She is just toying with this idea to give more time to her fiance to recover from a divorce and not rush to another marriage, if circumstances would allow it.

Good luck with your trip to Manila! I will see if I can refer to you potential candidates.

Best wishes,
Emmanuel