• MigrationDesk is a community, not an agent (nor is affiliated with any). You can post here without an account, but all unregistered posts will be queued for moderator approvals. You can register a free account to bypass moderation and enjoy additional features such as post notification, Live Chat etc.

Addition of remarried partner in visa 190 application after CO allocated.

vishal khanna

Wanderer
Messages
12
Points
1
MSA
2016-10-26
Skill
133512
SC
190 (SA)
Point
70
EOI
2016-10-28
Inv.
2016-12-12
App.
2016-12-26
CO
2017-01-17
PCC
2017-01-14
HC
2017-01-10
Grant
2017-09-08
Hi administrator. Hope u r doing well. I value ur suggestions a lot and have seen a lot logical replies by you to other members. I am in a substantial need of an advise from you on my matter. I have applied for australia skilled visa 190 anzsco 133512, production manager and have success fully acquired positive skills assessment from VETASSESS, state nomination from SA and lodged visa application on 27 december 2016. My case officer has been allocated on 17.01.2017. Actually i had been married in april 2008 and we stayed together for about 2 year, got blessed with a son but got legally divorced in september 2014, in between this period had all sort of judicial proceedings, and finally all cleared on sep 2014 with an alimony amount i paid to her. Now the thing is i love my son and to her too and want to get together again in a new country. She also wants to reunite again. I am thinking to get marry with her in a few days and get the marriage register and submit to CO the change of circumstances 1022 form. But in all this she is not living with me and has her parents address on her passport, also my son is studying at her parents address and living seperately from me who have her parents address on his passport too. My dad who is against their deeds, is not aware that i am willing to marry her again and also my dad who is my employer too would be too furious if he gets to know about it. May be he after knowing this if receives confirmation call from DIBP refuse my role in a revenge. Knowing all these facts what do you suggest if. 1. CO will accept my case as remarried after divorce and moreover Living seperately and a few days of marriage. 2. Will my father get a call from DIBP for job verification and will he be asked about my dependents, as he must not knowing it till i get visa. 3. What docs CO will ask for my dependents to add and finally, 4. Should we apply in this application or it would be safer to apply a seperate partner visa application later to get together considering my situation. Please do reply. Your suggestion is highly admirable. Thanks in advance.
 
MSA
2016-10-26
Skill
133512
SC
190 (SA)
Point
70
EOI
2016-10-28
Inv.
2016-12-12
App.
2016-12-26
CO
2017-01-17
PCC
2017-01-14
HC
2017-01-10
Grant
2017-09-08

MysticRiver

Administrator
Staff member
Messages
14,538
Points
113
1. Yours is a delicate situation. Usually there is no issue in adding partner and children, they normally ask for very minimul things. But your case, if they realize, they might scrutinize if you are remarrying just to giver her the Australian PR (I am not saying you are), specially because you guys are not living together. So, if they ask, you have to be ready to convince them that you aren't. Nevertheless, because it will be a legal marriage, I think you'll have no issue at the end.

2) usually they call to the employer seldomly, and even when they call they'd ask about employment only.

3) They ask for marriage certificate and birth certificates for dependents.

4) I am not totally sure as this is the first such case I have seen. However, in my opinion, even if they deny your dependents, that won't affect your visa decision.

At the end, I think, you won't have that much issue if you have a legal marriage certificate. There is a good chance that they won't ask you anything. But ofcourse, if they have any element of doubt, they'll dig which might include calling family members. So, I recommend to be very cleat and neat about documentation.
 

vishal khanna

Wanderer
Messages
12
Points
1
MSA
2016-10-26
Skill
133512
SC
190 (SA)
Point
70
EOI
2016-10-28
Inv.
2016-12-12
App.
2016-12-26
CO
2017-01-17
PCC
2017-01-14
HC
2017-01-10
Grant
2017-09-08
1. Yours is a delicate situation. Usually there is no issue in adding partner and children, they normally ask for very minimul things. But your case, if they realize, they might scrutinize if you are remarrying just to giver her the Australian PR (I am not saying you are), specially because you guys are not living together. So, if they ask, you have to be ready to convince them that you aren't. Nevertheless, because it will be a legal marriage, I think you'll have no issue at the end.

2) usually they call to the employer seldomly, and even when they call they'd ask about employment only.

3) They ask for marriage certificate and birth certificates for dependents.

4) I am not totally sure as this is the first such case I have seen. However, in my opinion, even if they deny your dependents, that won't affect your visa decision.

At the end, I think, you won't have that much issue if you have a legal marriage certificate. There is a good chance that they won't ask you anything. But ofcourse, if they have any element of doubt, they'll dig which might include calling family members. So, I recommend to be very cleat and neat about documentation.
Thanx, Mystic river, for your reply. Your opinion is highly valuable to me. What i got from your opinion, if adding them with proper documentation have a good chance for my dependents and on contrary if there would be any scene of their denial which won't affect my visa decision then i would take a chance which wouldn't harm my visa application, in that denial situation we would later on apply partner visa once i settle in aussie ?
 
MSA
2016-10-26
Skill
133512
SC
190 (SA)
Point
70
EOI
2016-10-28
Inv.
2016-12-12
App.
2016-12-26
CO
2017-01-17
PCC
2017-01-14
HC
2017-01-10
Grant
2017-09-08

Rakshanda

Moderator
Staff member
Messages
2,458
Points
113
MSA
2016-12-13
Skill
263111
SC
189/190
Point
55/60
EOI
2016-12-15
Thanx, Mystic river, for your reply. Your opinion is highly valuable to me. What i got from your opinion, if adding them with proper documentation have a good chance for my dependents and on contrary if there would be any scene of their denial which won't affect my visa decision then i would take a chance which wouldn't harm my visa application, in that denial situation we would later on apply partner visa once i settle in aussie ?
Now there's somethings I did not understood, correct me if I am wrong.

1- You already have applied for the visa and your application is under process, how can you add up your secondary applicants along with you "now"? @MysticRiver
2- @MysticRiver is right about where he said that DIBP will call the employer and ask about your experience, salary and tax's that's all about it. They wont ask about your family from your employer. Although since there are other details mentioned in your application form, so you or one of your family members can always get contacted via DIBP in case of any doubts.
3- Complete documents & honest answers are hard but always keep you safe and get you what you want, by the end of the day.
 

MysticRiver

Administrator
Staff member
Messages
14,538
Points
113
Thanx, Mystic river, for your reply. Your opinion is highly valuable to me. What i got from your opinion, if adding them with proper documentation have a good chance for my dependents and on contrary if there would be any scene of their denial which won't affect my visa decision then i would take a chance which wouldn't harm my visa application, in that denial situation we would later on apply partner visa once i settle in aussie ?
1- You already have applied for the visa and your application is under process, how can you add up your secondary applicants along with you "now"? @MysticRiver
I actually did not realize @vishal submitted his application already. Nevertheless, until the decision is reached, dependents can be added to the application, that won't be an issue. The issue is, if DIBP decides to scrutinize your case and call some family member, and he/she says you are not married (e.g. you are lying), that'd be a big issue I think. And if that comes from your "to be" wife, that would be a suicidal in my opinion, because DIBP can very easily translate that as a fraudulent activity claim.

3- Complete documents & honest answers are hard but always keep you safe and get you what you want, by the end of the day.
The bottom line of all discussion :).
 

Rakshanda

Moderator
Staff member
Messages
2,458
Points
113
MSA
2016-12-13
Skill
263111
SC
189/190
Point
55/60
EOI
2016-12-15
I actually did not realize @vishal submitted his application already. Nevertheless, until the decision is reached, dependents can be added to the application, that won't be an issue. The issue is, if DIBP decides to scrutinize your case and call some family member, and he/she says you are not married (e.g. you are lying), that'd be a big issue I think. And if that comes from your "to be" wife, that would be a suicidal in my opinion, because DIBP can very easily translate that as a fraudulent activity claim.


The bottom line of all discussion :).
Best case scenario is get re-married to the women & first get a PR for yourself @vishal khanna. Move out to Australia and then process the case for your family afterwards as your dependents. That's one opinion which can save you all the hassle from your employer and DIBP's verification as well.
 

vishal khanna

Wanderer
Messages
12
Points
1
MSA
2016-10-26
Skill
133512
SC
190 (SA)
Point
70
EOI
2016-10-28
Inv.
2016-12-12
App.
2016-12-26
CO
2017-01-17
PCC
2017-01-14
HC
2017-01-10
Grant
2017-09-08
Now there's somethings I did not understood, correct me if I am wrong.

1- You already have applied for the visa and your application is under process, how can you add up your secondary applicants along with you "now"? @MysticRiver
2- @MysticRiver is right about where he said that DIBP will call the employer and ask about your experience, salary and tax's that's all about it. They wont ask about your family from your employer. Although since there are other details mentioned in your application form, so you or one of your family members can always get contacted via DIBP in case of any doubts.
3- Complete documents & honest answers are hard but always keep you safe and get you what you want, by the end of the day.
Thanx @Rakshanda for ur concern. Actually i am going to get married and register it legally with the same person i have had divorce and for that will submit form 1022 for change of circumstances after getting marriage registered. And obviously for marriage to get registered there is need of either of my parents for validation before registrar and my marriage certificate will have attestation from my mom too, as she has no problem with me getting married to same person again except my dad.
 
MSA
2016-10-26
Skill
133512
SC
190 (SA)
Point
70
EOI
2016-10-28
Inv.
2016-12-12
App.
2016-12-26
CO
2017-01-17
PCC
2017-01-14
HC
2017-01-10
Grant
2017-09-08

vishal khanna

Wanderer
Messages
12
Points
1
MSA
2016-10-26
Skill
133512
SC
190 (SA)
Point
70
EOI
2016-10-28
Inv.
2016-12-12
App.
2016-12-26
CO
2017-01-17
PCC
2017-01-14
HC
2017-01-10
Grant
2017-09-08
I actually did not realize @vishal submitted his application already. Nevertheless, until the decision is reached, dependents can be added to the application, that won't be an issue. The issue is, if DIBP decides to scrutinize your case and call some family member, and he/she says you are not married (e.g. you are lying), that'd be a big issue I think. And if that comes from your "to be" wife, that would be a suicidal in my opinion, because DIBP can very easily translate that as a fraudulent activity claim.


The bottom line of all discussion :).
yup @MysticRiver , u are right but actual case is my mom knows all and is willing and helping to get marriage registered by presenting before marriage registrar. As far my ex and again gonna be wife is concerned she is definitely willing to get it registered before registrar, however my dad, who is undersigned for my employer also, does not know this and would not want this happen. I and my gonna be again ex wife do realize now that our marriage,arranged, could be our parents joint decision but in our seperation we shouldn't have been agreed to decision of our adamant parent. By which main sufferer would be our child. So she wants to start a new but at the same time safely thats why i wanted to have opinion of you senior members to move safely and surely ahead.
 
MSA
2016-10-26
Skill
133512
SC
190 (SA)
Point
70
EOI
2016-10-28
Inv.
2016-12-12
App.
2016-12-26
CO
2017-01-17
PCC
2017-01-14
HC
2017-01-10
Grant
2017-09-08

Rakshanda

Moderator
Staff member
Messages
2,458
Points
113
MSA
2016-12-13
Skill
263111
SC
189/190
Point
55/60
EOI
2016-12-15
yup @MysticRiver , u are right but actual case is my mom knows all and is willing and helping to get marriage registered by presenting before marriage registrar. As far my ex and again gonna be wife is concerned she is definitely willing to get it registered before registrar, however my dad, who is undersigned for my employer also, does not know this and would not want this happen. I and my gonna be again ex wife do realize now that our marriage,arranged, could be our parents joint decision but in our seperation we shouldn't have been agreed to decision of our adamant parent. By which main sufferer would be our child. So she wants to start a new but at the same time safely thats why i wanted to have opinion of you senior members to move safely and surely ahead.
You are right about that. But still I believe try and talk to your wife and let her know that you are getting married to her again because of good for both of you and your child and she must be with you in such difficult circumstances, where you can loose your grant and nothing good is going to come out of it. On the other hand if she realizes and agree's to stay behind while you may leave and apply for her and your child, will be an entirely different scenario. A slightest doubt to DIBP wont stop them from delaying/refusing your grant.
 

vishal khanna

Wanderer
Messages
12
Points
1
MSA
2016-10-26
Skill
133512
SC
190 (SA)
Point
70
EOI
2016-10-28
Inv.
2016-12-12
App.
2016-12-26
CO
2017-01-17
PCC
2017-01-14
HC
2017-01-10
Grant
2017-09-08
You are right about that. But still I believe try and talk to your wife and let her know that you are getting married to her again because of good for both of you and your child and she must be with you in such difficult circumstances, where you can loose your grant and nothing good is going to come out of it. On the other hand if she realizes and agree's to stay behind while you may leave and apply for her and your child, will be an entirely different scenario. A slightest doubt to DIBP wont stop them from delaying/refusing your grant.
yup @Rakshanda you are saying right and actually she is in regular contact with me and she and her mother too are willing for us to get reunited.
 
MSA
2016-10-26
Skill
133512
SC
190 (SA)
Point
70
EOI
2016-10-28
Inv.
2016-12-12
App.
2016-12-26
CO
2017-01-17
PCC
2017-01-14
HC
2017-01-10
Grant
2017-09-08

Rakshanda

Moderator
Staff member
Messages
2,458
Points
113
MSA
2016-12-13
Skill
263111
SC
189/190
Point
55/60
EOI
2016-12-15
yup @Rakshanda you are saying right and actually she is in regular contact with me and she and her mother too are willing for us to get reunited.
Good for you, congrats and best wishes. Just make them realize its important for you not to apply for them right now. But again, looking at the situation you described that's entirely my personal opinion.
 

MysticRiver

Administrator
Staff member
Messages
14,538
Points
113
The parent's consent to marriage bears no importance what so ever when the children are adult.

You should be mainly concern if somehow DIBP doubts the intention behind your marriage. As long as you are clear on that front, you should be okay.

And regarding employment, even if your father is angry at you, he can't legally reject your employment as long as it was valid.
 

vishal khanna

Wanderer
Messages
12
Points
1
MSA
2016-10-26
Skill
133512
SC
190 (SA)
Point
70
EOI
2016-10-28
Inv.
2016-12-12
App.
2016-12-26
CO
2017-01-17
PCC
2017-01-14
HC
2017-01-10
Grant
2017-09-08
The parent's consent to marriage bears no importance what so ever when the children are adult.

You should be mainly concern if somehow DIBP doubts the intention behind your marriage. As long as you are clear on that front, you should be okay.

And regarding employment, even if your father is angry at you, he can't legally reject your employment as long as it was valid.
Thanks @MysticRiver for your replies.
 
MSA
2016-10-26
Skill
133512
SC
190 (SA)
Point
70
EOI
2016-10-28
Inv.
2016-12-12
App.
2016-12-26
CO
2017-01-17
PCC
2017-01-14
HC
2017-01-10
Grant
2017-09-08

MysticRiver

Administrator
Staff member
Messages
14,538
Points
113
Just a quick note, below are the criteria of adding partner in the visa, you should be little careful about the last one (underlined)

Your partner can be married to you or they can be your de facto partner. Your de facto partner can be the same or opposite sex. You must prove:

  • the relationship is genuine and continuing
  • your partner is at least 18 years of age when the application is lodged (there are some exceptions)
  • you are not related by family (if you are in a de facto relationship)
  • you and your partner have a mutual commitment to a shared life to the exclusion of all others, and
  • you live together, or do not live separately on a permanent basis.
 

vishal khanna

Wanderer
Messages
12
Points
1
MSA
2016-10-26
Skill
133512
SC
190 (SA)
Point
70
EOI
2016-10-28
Inv.
2016-12-12
App.
2016-12-26
CO
2017-01-17
PCC
2017-01-14
HC
2017-01-10
Grant
2017-09-08
Just a quick note, below are the criteria of adding partner in the visa, you should be little careful about the last one (underlined)
Thanx @ mysticriver for your detailed information. Now as per your suggestion we have decided to secure visa first for myself and added my son as a non migrating dependent, provided all necessary documents for my divorce and present legal custody of my child with my ex wife, whom I will call upon spouse visa after marrying later visa grant.
Keeping this in mind we have lodged visa application on 27 December 2016 and contacted by CO on 17 January 2017 for divorce deed, child birth certificate and medicals for non migrating child. And I provided all documents with child medical done on 07 Feb 2017. Now it's been almost 90 days to be over , today 87th day, but no contact from CO so far. What should I expect at this stage as the stipulated time for visa grant by DIBP is 90 days. Should I wait or contact case officer for any other document needed. Please provide your valuable advise.
 
MSA
2016-10-26
Skill
133512
SC
190 (SA)
Point
70
EOI
2016-10-28
Inv.
2016-12-12
App.
2016-12-26
CO
2017-01-17
PCC
2017-01-14
HC
2017-01-10
Grant
2017-09-08

MysticRiver

Administrator
Staff member
Messages
14,538
Points
113

Krishna Murthy

Wanderer
Messages
5
Points
1
MSA
2016-08-05
Skill
261313
SC
189
Point
65
EOI
2016-08-06
Inv.
2016-09-01
App.
2016-10-29
CO
2016-11-29
PCC
2016-12-07
HC
2016-12-07
Hi,

I lodged my VISA application on 29th Oct'2016 and Uploaded the documents upon CO request on 7th Dec'2016. Also requested CO to add my wife name in the application as i got married in Nov'2016.

DIBP accepted the application to add my wife and on 21st mach'2017, requested for more information in regard with marriage and asked to show more proof though I submitted the marriage certificate.

Checklist has some four major aspects. Can you please let me know how to submit these details now. I have decided to do the following to show that the marriage is genuine and continuing -

I am planning to make my salary account as Joint and show her name in that, plus i got a credit card in her name under my amex account & also planning to add her as nominee in my SBI PPF account.
Next, will be showing rental aggreement showing both our names.
Will submit marriage & reception photos and also few photos along with Family & Friends.
Statutory declaration - one from Family & one from one of the friends.

Please let me know if anything else can be added in this and also need if any formats for statutory declarations

Thanks
Krishna
 
MSA
2016-08-05
Skill
261313
SC
189
Point
65
EOI
2016-08-06
Inv.
2016-09-01
App.
2016-10-29
CO
2016-11-29
PCC
2016-12-07
HC
2016-12-07

Rakshanda

Moderator
Staff member
Messages
2,458
Points
113
MSA
2016-12-13
Skill
263111
SC
189/190
Point
55/60
EOI
2016-12-15
Hi,

I lodged my VISA application on 29th Oct'2016 and Uploaded the documents upon CO request on 7th Dec'2016. Also requested CO to add my wife name in the application as i got married in Nov'2016.

DIBP accepted the application to add my wife and on 21st mach'2017, requested for more information in regard with marriage and asked to show more proof though I submitted the marriage certificate.

Checklist has some four major aspects. Can you please let me know how to submit these details now. I have decided to do the following to show that the marriage is genuine and continuing -

I am planning to make my salary account as Joint and show her name in that, plus i got a credit card in her name under my amex account & also planning to add her as nominee in my SBI PPF account.
Next, will be showing rental aggreement showing both our names.
Will submit marriage & reception photos and also few photos along with Family & Friends.
Statutory declaration - one from Family & one from one of the friends.

Please let me know if anything else can be added in this and also need if any formats for statutory declarations

Thanks
Krishna
All of the above will suffice. A legit marriage certificate issued by the local government body which could be verified is way more efficient.

I will suggest renewing her national identity card & passport with your name as husband on it. That will do the job.
 

Krishna Murthy

Wanderer
Messages
5
Points
1
MSA
2016-08-05
Skill
261313
SC
189
Point
65
EOI
2016-08-06
Inv.
2016-09-01
App.
2016-10-29
CO
2016-11-29
PCC
2016-12-07
HC
2016-12-07
All of the above will suffice. A legit marriage certificate issued by the local government body which could be verified is way more efficient.

I will suggest renewing her national identity card & passport with your name as husband on it. That will do the job.
Already submitted legit marriage cert, the CO clearly mentioned that we have your marriage certificate but show us more proof

if i change her passport then I have to update the CO again and also the CO asked to get her medicals done again
 
MSA
2016-08-05
Skill
261313
SC
189
Point
65
EOI
2016-08-06
Inv.
2016-09-01
App.
2016-10-29
CO
2016-11-29
PCC
2016-12-07
HC
2016-12-07

Rakshanda

Moderator
Staff member
Messages
2,458
Points
113
MSA
2016-12-13
Skill
263111
SC
189/190
Point
55/60
EOI
2016-12-15
Already submitted legit marriage cert, the CO clearly mentioned that we have your marriage certificate but show us more proof

if i change her passport then I have to update the CO again and also the CO asked to get her medicals done again
Well then the above you mentioned should suffice the purpose. You should go ahead with all of the four.

There's nothing more I believe which can justify your marriage as a legit.
 
Consider before posting:
  • Do not post the same thing in multiple places.
  • No personal contact and/or non-English phrase is allowed.
  • Always post in a relevant thread or open a new one.
  • Better to use the reactions in a post to congratulate/thank.
Top