# Visit visa to Aus - No marriage certificate



## pinkysanni (Feb 24, 2015)

Hi All,

I'm from India. I recently got married and my husband had to leave for Aus due to some urgent work. As a result, we could not take a marriage certificate. However, we are trying to stay together by applying for a visit visa. 

Since, we don't have a marriage certificate, is there any other way of proving our relationship? 

Also, will the Australian immigration accept my application? 

I just want to stay there for 2 or less than 3 months as his contract is not for long. He is a PR holder by the way.

Please help me with my query. Thanks in advance.


PS


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## espresso (Nov 2, 2012)

You could apply for a visitor visa (subclass 600), even if you were not married. Unfortunately, you would have to submit a paper application, since online applications are not available for Indian passport holders yet. Processing could take up to a month. If he is already in Australia that means you may only be able to join him toward the end of his contract. On the other hand, you could combine it with a honeymoon in Australia after his contract ends . 

I don't see a problem with the missing marriage certificate per se. You are not applying for a sponsored visa (yet), after all. You should provide proof that you are a genuine visitor, though.A letter from the employer confirming the contract duration might help to show that you plan to return to India afterwards. If you rent a flat or have a steady job etc., adding information about that should also help.


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## pinkysanni (Feb 24, 2015)

*Family Sponsored Stream in Subclass 600*



espresso said:


> You could apply for a xxxx, even if you were not married. Unfortunately, you would have to submit a paper application, since online applications are not available for Indian passport holders yet. Processing could take up to a month. If he is already in Australia that means you may only be able to join him toward the end of his contract. On the other hand, you could combine it with a honeymoon in Australia after his contract ends .
> 
> I don't see a problem with the missing marriage certificate per se. You are not applying for a sponsored visa (yet), after all. You should provide proof that you are a genuine visitor, though.A letter from the employer confirming the contract duration might help to show that you plan to return to India afterwards. If you rent a flat or have a steady job etc., adding information about that should also help.


Hi espresso,

Thank you for the reply. We are currently planning to apply for Family sponsored visitor stream, as my husband had his own doubts about proving that I have sufficient evidence to go back to India. I do not have a job or any assets in my name. If we opt for a Family sponsored visa, what should be our approach and how to handle the issue of not having a marriage certificate. We have a Notarised Letter of our Marriage with photographs affixed on it.

Will we be asked for any deposit in such a case, that I will return to India before my Visa end date?

Thanks in advance.

PS


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## pinkysanni (Feb 24, 2015)

Hi All,

Could anyone help me with my queries please. Sorry for pushing it, but I do not have a choice.

Thanks,
PS


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## girlaussie (Nov 21, 2012)

Is he just a PR holder or actually live & work in Australia? As a Sponsor for ' Family Sponsored Visa'
he must be an Australian citizen or permanent resident; be older than 18 years of age; have been settled in Australia for a reasonable period *(usually more than two years).*

As your Sponsor (husband) is an Australian Permanent Resident, it's highly unlikely that you will get Visitor Visa first without applying Partner Visa as for DIBP you have no reason to go back to your home country. 

Girl Aussie


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## nikdh (Jan 10, 2015)

Please correct me if I am wrong but looks like Family sponsored visitor visa has been closed. Sponsored Family Visitor visa (subclass 679)
They recommend visitor visa (subclass 600) in which you can choose visiting family as a reason.

Me and my wife went on a tourist visa to visit my brother, and we didn't have marriage certificate at that time. But that was a slightly different case as we both had jobs, and had got statement of affairs done showing our current assets in India.
To compensate marriage certificate we had attached photographs of marriage, marriage invitations and even Facebook screenshots of brother and friends attending marriage. We had applied on 5th December'13 via VFS (offline), and got visa on 12th Dec.

I think to prove marriage, notarised document with photographs will be good enough, but you will have to give enough evidence of your intention to come back to India. Your husband's project termination date can be one proof in this case, but some other proofs that bounds You to come back must be there for higher chances of approval.


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## pinkysanni (Feb 24, 2015)

girlaussie said:


> Is he just a PR holder or actually live & work in Australia? As a Sponsor for ' Family Sponsored Visa'
> he must be an Australian citizen or permanent resident; be older than 18 years of age; have been settled in Australia for a reasonable period *(usually more than two years).*
> 
> As your Sponsor (husband) is an Australian Permanent Resident, it's highly unlikely that you will get Visitor Visa first without applying Partner Visa as for DIBP you have no reason to go back to your home country.
> ...


Hi Girl Aussie,

Thank you for the note. What would be my best plan of action to get to Australia immediately, given my situation. Please suggest anything that makes my travel quick enough to stay with my husband for a couple of months at least. 

Thanks in advance.
PS


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## pinkysanni (Feb 24, 2015)

nikdh said:


> Please correct me if I am wrong but looks like Family sponsored visitor visa has been closed. xxxxxx
> They recommend visitor visa (subclass 600) in which you can choose visiting family as a reason.
> 
> Me and my wife went on a tourist visa to visit my brother, and we didn't have marriage certificate at that time. But that was a slightly different case as we both had jobs, and had got statement of affairs done showing our current assets in India.
> ...


Hi nikdh,

Thanks for the good news. So, my question now is, if I go ahead and apply for my Dependent PR, will this notarised document be considered valid proof of marriage?

Apart from my Husband's letter of contract end date, we do not have any other proofs to show intention to get back to India in my case. He has a PR and he may or may not show his intention to get back, but I should definitely declare that I will go back, which I am not sure how to in this case. Any suggestions are appreciated.

Thanks in advance,
PS.


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## pinkysanni (Feb 24, 2015)

Hi All,

Can we go ahead any apply for Subclass 600 in Family sponsored stream, in my case? 

If yes, will my marriage notarised letter and my husband's contract (notarised) be considered as formidable evidence?

If something goes wrong and my application gets rejected, will it be a black mark for my any future applications to Aus?

Regards,
PS.


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## _shel (Mar 2, 2014)

Has he lived in Australia for 2 years? 

Regardless you will probably be rejected as likely to overstay.


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## pinkysanni (Feb 24, 2015)

_shel said:


> Has he lived in Australia for 2 years?
> 
> Regardless you will probably be rejected as likely to overstay.



Hi shel,

Thank you for the reply. What would be my best hope now? Should I apply for Dependent PR? Please help.

Thanks,
PS.


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## _shel (Mar 2, 2014)

There is no dependent PR. You apply for the 309/100 spouse visa which comes with strict requirements and needs lots of evidence including your marriage certificate.


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## pinkysanni (Feb 24, 2015)

Are there any cases where-in a deposit amount is taken to accept the visitor visa in Family sponsored stream?

Regards,
PS.


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## girlaussie (Nov 21, 2012)

There is no quick solution, your best option is to apply for Partner Visa 309/100 first and then go for visitor visa. 

Girl Aussie



pinkysanni said:


> Hi Girl Aussie,
> 
> Thank you for the note. What would be my best plan of action to get to Australia immediately, given my situation. Please suggest anything that makes my travel quick enough to stay with my husband for a couple of months at least.
> 
> ...


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## _shel (Mar 2, 2014)

pinkysanni said:


> Are there any cases where-in a deposit amount is taken to accept the visitor visa in Family sponsored stream?
> 
> Regards,
> PS.


 What is the problem with applying for your spouse visa first? If you then apply for a standard tourist vida after it will then be granted as you are no longer a risk having applied for PR.


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## girlaussie (Nov 21, 2012)

I don't think your Sponsor is eligible for family sponsored visa as he hasn't lived in Australia for 2 years. If he is eligible only then Sponsor can be asked by DIBP to pay bond as guarantee, you can't offer the Department to take deposit & grant you visa, NO.

Girl Aussie



pinkysanni said:


> Are there any cases where-in a deposit amount is taken to accept the visitor visa in Family sponsored stream?
> 
> Regards,
> PS.


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## pinkysanni (Feb 24, 2015)

_shel said:


> What is the problem with applying for your spouse visa first? If you then apply for a standard tourist vida after it will then be granted as you are no longer a risk having applied for PR.


Hmmm.. The issue here is that we don't have a marriage certificate. In India, to get a marriage certificate, both the partners should be available at the Registrar office. Since my husband is in Aus currently, for him to come to India for just the certificate is too much to ask, considering he is on short-term contract.

Not entirely sure what can be done here. We are both just worried now.... 


PS.


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## pinkysanni (Feb 24, 2015)

girlaussie said:


> I don't think your Sponsor is eligible for family sponsored visa as he hasn't lived in Australia for 2 years. If he is eligible only then Sponsor can be asked by DIBP to pay bond as guarantee, you can't offer the Department to take deposit & grant you visa, NO.
> 
> Girl Aussie


Too bad. We always thought that option was there to make sure that whoever enters Australia has a compulsion to leave before the visa end date.

We are just worried now... Will my notarised letter of marriage be accepted as proof of relationship, for 309/100 application?

PS.


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## _shel (Mar 2, 2014)

Not much can be done if he is not able to return to obtain the marriage certificate. Australian immigration wont take your word for it. They need legal proof or you would be rejected. 

Without it you are not eligible for any visa or would automatically be denid.


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## girlaussie (Nov 21, 2012)

no you were wrong, there was/is never such visa option available. 

For 309/100 visa you need to provide Marriage Certificate not letter of marriage, please check checklist for Partner Visa 309/100 on immi website.

Girl Aussie



pinkysanni said:


> Too bad. We always thought that option was there to make sure that whoever enters Australia has a compulsion to leave before the visa end date.
> 
> We are just worried now... Will my notarised letter of marriage be accepted as proof of relationship, for 309/100 application?
> 
> PS.


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## pinkysanni (Feb 24, 2015)

Hi Girl Aussie & Shel,

Thanks for all the help and information. I will let you know if I start up with subclass 309/100 and trouble you all for more help.  .. 

PS.


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## girlaussie (Nov 21, 2012)

Good luck!! sure, please feel free to ask any question regarding Partner Visa.

Girl Aussie 



pinkysanni said:


> Hi Girl Aussie & Shel,
> 
> Thanks for all the help and information. I will let you know if I start up with subclass 309/100 and trouble you all for more help.  ..
> 
> PS.


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## pinkysanni (Feb 24, 2015)

girlaussie said:


> Good luck!! sure, please feel free to ask any question regarding Partner Visa.
> 
> Girl Aussie


Hey Girl Aussie & Shel,

I'm back with new questions for you. 

We got our marriage certificate and have applied for a 309/100 visa last week.

But, meanwhile If I want to visit my husband, what visa would suit me better? A Tourist visa or a Family sponsored visitor visa? The issue in our case is that my husband has completed only 6 months on his PR in Australia. Can I still apply for Family sponsored stream or should I apply as a tourist and mention that I am visiting a relative.

Which visa option will be my best bet here? Please help.

Regards,
PS


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## pinkysanni (Feb 24, 2015)

Hey All,

I am planning to apply for the tourist visa in the next couple of days. Based on the below criteria, could you give me the best suited visa in my case. (Tourist visa or Family sponsored stream?)

1. I applied for 309/100 already.
2. My husband has finished only 6 months in Aus.

Regards,
PS


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## girlaussie (Nov 21, 2012)

For Family Sponsored stream, he doesn't seem to be eligible to sponsor you. He can but only after 2 years. So your best option is to go for Tourist Visa.

Girl Aussie 



pinkysanni said:


> Hey All,
> 
> I am planning to apply for the tourist visa in the next couple of days. Based on the below criteria, could you give me the best suited visa in my case. (Tourist visa or Family sponsored stream?)
> 
> ...


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## pinkysanni (Feb 24, 2015)

girlaussie said:


> For Family Sponsored stream, he doesn't seem to be eligible to sponsor you. He can but only after 2 years. So your best option is to go for Tourist Visa.
> 
> Girl Aussie


Hi Girl Aussie,

Thank you for the reply. In that case can I mention that my husband funds my stay in Aus? How should I proceed with my application.

I do not have a job, assets or anything in my name in India. 

So, for a tourist visa, we generally fill the 1419 form. Shall I incorporate the 1149 form from my husband as well?

Sorry for a lot of these questions.

Also, has anyone had luck with a tourist visa, while their 309/100 is in process?

Regards,
PS.


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## saumya (Jul 2, 2014)

Hello,

You can apply for tourist visa while your other visa is in process.My son's PR was in process and the wait time was 14 months so we brought him on tourist visa.Even though your husband cannot sponsor you now but you can still provide his bank statements from australia,an invite letter,your marriage cert or the copy of ur passport in which his name reflects as spouse.If you have a PAN nos atleast or electricity bill or post paid bill on ur name,you can try providing that (a notorised copy).This may work and eventually if the Auss embassy needs more doc ,they will contacg you otherwise you should get your tourist visa 1418 subclass 600 in 15 days.


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## pinkysanni (Feb 24, 2015)

saumya said:


> Hello,
> 
> You can apply for tourist visa while your other visa is in process.My son's PR was in process and the wait time was 14 months so we brought him on tourist visa.Even though your husband cannot sponsor you now but you can still provide his bank statements from australia,an invite letter,your marriage cert or the copy of ur passport in which his name reflects as spouse.If you have a PAN nos atleast or electricity bill or post paid bill on ur name,you can try providing that (a notorised copy).This may work and eventually if the Auss embassy needs more doc ,they will contacg you otherwise you should get your tourist visa 1418 subclass 600 in 15 days.


Hi Saumya,

Thank you for the reply. That's interesting. However, I can't apply with the 1418 form I guess as it needs form 1149 as supporting document(which my husband is not eligible to provide). I might end up with submitting the 1419 form eventually.

Also, how long was your son granted the tourist visa?

Regards,
PS


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## Steyn (Feb 24, 2013)

Just wanted to know how date of entry is decided in case of a visit visa. 

Regards,


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