# 8515 - Must not marry before entry??



## Alkaaf (Jul 12, 2019)

Hi guys,

Need some critical advice/guidance from you all. 

I had filed my EOI in April 2019 with 80 points (I'm single). I had received an ITA (189) in July 2019 and I had filed for visa in September 2019 and got everything else (PCC & Medicals) done at the same time. 

Recently, I happened to read the following on homeaffairs.gov.au website for 189 visa.

8515: You must not marry or enter into a de facto relationship before entering Australia.
We might cancel your visa if we find out you were engaged, married or in a de facto relationship before we granted you the visa but did not tell us.

I haven't received the visa yet and the problem is - I'm planning to get married in December 2019. I'm stuck now!! 

I'm really confused and shocked. What is the best thing I can do now? Need your advice!!


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## NB (Mar 29, 2017)

Alkaaf said:


> Hi guys,
> 
> Need some critical advice/guidance from you all.
> 
> ...


Are you engaged ?
Is it an arranged marriage?

Cheers


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## Bamf (Jul 23, 2019)

That condition doesn’t apply to you. It’s for those who will/have benefited from the new points system and have gained additional points as single applicants. 
Since you already filed your application and didn’t benefit from it, it doesn’t and will not apply to you. 
If you do get married then you’ must update your application and notify DHA.


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## GandalfandBilbo (Sep 17, 2019)

But it would be better for you to include your partner in your visa after marriage, as then you wont have the trouble of going through partner visa, which might delay your grant by some months, but will save you trouble for the next 2-3 years


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## hamza-93 (Feb 10, 2019)

Bamf said:


> That condition doesn’t apply to you. It’s for those who will/have benefited from the new points system and have gained additional points as single applicants.
> Since you already filed your application and didn’t benefit from it, it doesn’t and will not apply to you.
> If you do get married then you’ must update your application and notify DHA.


Who told you this? Do you know that the condition 8515 existed before the discussion of "new points" started. Please refrain from commenting when you are not sure about something. 

Now to answer OP's question, if you are granted visa before your marriage then you will have to visit Australia first before getting married. In this way you'll have to apply for spouse visa at later stage.

On the other hand, if your visa is still in process and you get married, then add your spouse asap in your application. After adding your spouse, get all the documents ready required for dependent. In this way, you won't have to go through the expensive and cumbersome process of spouse visa.

All the best.


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## AjBee (Dec 6, 2016)

Alkaaf said:


> Hi guys,
> 
> 
> 
> ...




Have you got your grant and is this condition on your grant letter? If not then where did you see this on the website - will be good if you could share the link 


Sent from my iPhone using Tapatalk


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## hamza-93 (Feb 10, 2019)

AjBee said:


> Have you got your grant and is this condition on your grant letter? If not then where did you see this on the website - will be good if you could share the link
> 
> 
> Sent from my iPhone using Tapatalk


All the conditions associated to the visas are on DHA website under conditions sections.

For 189: https://immi.homeaffairs.gov.au/vis...tions/see-your-visa-conditions?product=189-63

Cheers


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## Bamf (Jul 23, 2019)

What's wrong with my post? Please stop talking to people in such a tone. Do you realise DHA has already said what I posted? What I posted was to calm OP. He needn’t be scared or anxious. Did you miss the part where I advised him to update his application once he gets married before his visa has been approved?


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## hamza-93 (Feb 10, 2019)

Bamf said:


> What's wrong with my post? Please stop talking to people in such a tone. Do you realise DHA has already said what I posted? What I posted was to calm OP. He needn’t be scared or anxious. Did you miss the part where I advised him to update his application once he gets married before his visa has been approved?


The wrong part is that, you are telling OP that this condition is only for those people who are benefiting from "new points system". Give me a reference where DHA said that this condition didn't exist before new points system? 

The consequences of calming someone by providing wrong information can have negative effects, if OP take your words for it.

You also need to calm down and do some more research before advising others.

Cheers


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## Bamf (Jul 23, 2019)

If being abrasive and rude is your thing. Goodbye.


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## nsleamon (Feb 17, 2017)

hamza-93 said:


> The wrong part is that, you are telling OP that this condition is only for those people who are benefiting from "new points system". Give me a reference where DHA said that this condition didn't exist before new points system?
> 
> The consequences of calming someone by providing wrong information can have negative effects, if OP take your words for it.
> 
> ...



I haven't been heard of anyone saying that this new visa condition (8515) is included in any of the grant letters issued recently, regardless of visa SC 189/190/489. Though thr is no clear indication mentioning the exact date from when this condition will be attached, I also believe as same as Bamf as it sounds completely logical.


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## hamza-93 (Feb 10, 2019)

nsleamon said:


> I haven't been heard of anyone saying that this new visa condition (8515) is included in any of the grant letters issued recently, regardless of visa SC 189/190/489. Though thr is no clear indication mentioning the exact date from when this condition will be attached, I also believe as same as Bamf as it sounds completely logical.


Hi, having you heard or not is not the discussion here from what it looks like (I have seen people with this condition although not recently). 

The OP had genuine concern about the visa condition and wanted some clarification on it. All I did was state out some facts rather than sugar coating stuff. 

Maybe some senior members might shed some more light on this topic.

Cheers


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## EAU2452 (Jun 2, 2016)

nsleamon said:


> I haven't been heard of anyone saying that this new visa condition (8515) is included in any of the grant letters issued recently, regardless of visa SC 189/190/489. Though thr is no clear indication mentioning the exact date from when this condition will be attached, I also believe as same as Bamf as it sounds completely logical.


This condition isn't a new thing or due to any new points system. Applicants who do not abide this condition, might get their visa cancelled.


Check the below statement: 

"We might cancel your visa if we find out you were engaged, married or in a de facto relationship before we granted you the visa but did not tell us."


https://immi.homeaffairs.gov.au/vis...ditions/see-your-visa-conditions?product=190#


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## Bamf (Jul 23, 2019)

This is an extract from the relevant legislative instrument. “The reasoning behind condition 8515 is that the secondary visa holder is granted a visa only because they are a member of the family unit (MoFU) of the primary visa holder. The Migration Regulations provide that a person is a MoFU relevantly when they are a dependent child of the primary visa applicant, or another dependent relative. In both cases the regulations provide that to be considered dependent an individual must not be engaged to be married and must not have a spouse or de facto partner. Upon marriage or entering a de facto relationship, the secondary visa holder is no longer dependent on the primary applicant, no longer a MoFU of the primary visa holder and hence no longer eligible for the grant of the visa, and so their visa may be subject to cancellation on that basis. Should the secondary applicant choose to marry or enter into a de facto relationship after they first enter Australia, they are free to do so, without any impact on the visa they hold.”

Now in the November newsletter the DoHA in the partner subsection talked about the new points system and how they’re going to monitor it to basically prevent people from gaining an unfair advantage. Cos you would have been invited based on the fact you earned an extra 10 points for being single. This is why I advised the OP not to worry as it doesn’t affect him. But if he gets married before he receives the grant then he oughts to update the department and add his partner to his application. But the mister was being rude and abrasive. For nothing.


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## mustafa01 (Jan 29, 2017)

Alkaaf said:


> Hi guys,
> 
> Need some critical advice/guidance from you all.
> 
> ...


The first thing to understand here is this condition is not new. Some get it and some don't depending on how you have relayed information in your EOI/Visa application.
You have applied for the visa as the only applicant and DHA might put this condition on your grant letter. It is a possibility but there is no absolute way to find out until you get your grant.

Now, talking about the general rule that applies to you when you submitted your visa application, it seems you were not benefited by reflecting 'single' in your EOI as you mentioned you were invited before 16 Nov. Hence, you did not gain 10 additional points for being single. So for you the best thing to do is if you get married before the grant, then fill up Form 1022  advising the department of change in circumstances. When you do this, the assigned CO when assessing your application might possibly ask you if you want to include your partner in the same application (there is also a possibility that the CO will just process your visa and not ask if you want to include your partner in your current visa application). If asked, my recommendation is include your partner in your visa application to avoid the longer wait times for partner visa and a pricey visa fee.
If you get your grant before you get married and if you are imposed with condition 8515 then you must enter AU first and then go back, get married.
Bottom line, you should always update the department as soon as you become aware of any change in your circumstances. 





hamza-93 said:


> The wrong part is that, you are telling OP that this condition is only for those people who are benefiting from "new points system". Give me a reference where DHA said that this condition didn't exist before new points system?
> 
> The consequences of calming someone by providing wrong information can have negative effects, if OP take your words for it.
> 
> ...


Benefiting or not, one should always lodge their application truthfully to the best of their knowledge. 

In the OP's case I think he will benefit rather than loose anything if he gets married before his grant.


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## fugitive_4u (Nov 7, 2016)

Alkaaf said:


> Hi guys,
> 
> Need some critical advice/guidance from you all.
> 
> ...


Mate, 8515 is a condition that's applied on your VISA. Since you have not been granted any, there is no point in pondering over this condition.

Since you have applied for a VISA and there is a change in circumstance, as per the rule, you need to notify DHA about it. Do so, when you are married in December 2019 and you will be fine. Maybe then plan for your spouse' English assessment, Medicals and add her to the application.

All the best..!


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## Alkaaf (Jul 12, 2019)

NB said:


> Are you engaged ?
> Is it an arranged marriage?
> 
> Cheers


It's an arranged marriage and I got engaged just last week. The marriage is in 3rd week of December 2019.


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## NB (Mar 29, 2017)

Alkaaf said:


> It's an arranged marriage and I got engaged just last week. The marriage is in 3rd week of December 2019.


Use the update us link in the Immiaccount and give the details of your fiance
She may need to get a pcc and medical check 
Is that ok ?

Cheers


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## hamza-93 (Feb 10, 2019)

Bamf said:


> This is an extract from the relevant legislative instrument. “The reasoning behind condition 8515 is that the secondary visa holder is granted a visa only because they are a member of the family unit (MoFU) of the primary visa holder. The Migration Regulations provide that a person is a MoFU relevantly when they are a dependent child of the primary visa applicant, or another dependent relative. In both cases the regulations provide that to be considered dependent an individual must not be engaged to be married and must not have a spouse or de facto partner. Upon marriage or entering a de facto relationship, the secondary visa holder is no longer dependent on the primary applicant, no longer a MoFU of the primary visa holder and hence no longer eligible for the grant of the visa, and so their visa may be subject to cancellation on that basis. Should the secondary applicant choose to marry or enter into a de facto relationship after they first enter Australia, they are free to do so, without any impact on the visa they hold.”
> 
> Now in the November newsletter the DoHA in the partner subsection talked about the new points system and how they’re going to monitor it to basically prevent people from gaining an unfair advantage. Cos you would have been invited based on the fact you earned an extra 10 points for being single. This is why I advised the OP not to worry as it doesn’t affect him. But if he gets married before he receives the grant then he oughts to update the department and add his partner to his application. But the mister was being rude and abrasive. For nothing.


Dude your concepts are wrong. I asked you one simple thing to prove that the condition 8515 didn't exist before the new points system? Whether DHA monitors or not, that's irrelevant because you were advising the OP that this condition doesn't affect him.

The condition was always there but since many recent applicants weren't getting it so it was forgotten. You can never be sure whether the DHA will impose this condition on you or not until you receive your grant letter. I hope it clears your confusion too.

No more comments on this topic by me since I know "mister" can't prove that.

Cheers


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## Syedshah111 (Dec 13, 2020)

...


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## NB (Mar 29, 2017)

Syedshah111 said:


> Just wanna know if you are engaged and you entered in australia from 2 years does it affect your visa and what's the way for that?


Can’t understand at all
Give more details and write clearly 
Cheers


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## Syedshah111 (Dec 13, 2020)

I mean if you're engaged and you're in australia from 2 years if they find out that you're engaged then what?


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## fugitive_4u (Nov 7, 2016)

Syedshah111 said:


> I mean if you're engaged and you're in australia from 2 years if they find out that you're engaged then what?


What Visa are you? Does your visa have this condition? Give more details...


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## Syedshah111 (Dec 13, 2020)

100 visa and yeah the visa have this condition.


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## fugitive_4u (Nov 7, 2016)

Syedshah111 said:


> 100 visa and yeah the visa have this condition.


Mate, you have made 3 posts with incomplete details. How difficult it is to summarise your condition in detail?
If you have Subclass 100, this means you have a Partner Visa already. Do you mean you wish to remarry and you have entered into another relationship two years ago? Sorry, your one liners are making me dizzy.


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