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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42668
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am an international student in Sydney studying postgraduate.My

Customer Question

hi, i am an international student in Sydney studying postgraduate.My boyfriend who is also a student in Brisbane are palnning to get married in July this year.
Just want to know as we both are on student visas and if get married by July, by how much time can he apply as a spouse visa?I mean change his student visa to spouse visa and then continue his studies later after getting permanent residency??
Kindly suggest.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Morning
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
Because you are both non permanent residents you cannot apply for a partner visa.
One of you have to be a permanent resident.
One of you need to get permanent residency before the other can apply for permanent residency. You can marry but at the expiration of your student visas you both have to leave.
Here are the requirements for the Partner visa
Requirements
To get this visa, you must be married to or in a de facto relationship with an:
Australian citizen
Australian permanent resident
eligible New Zealand citizen.
You must be in Australia when you apply.​
http://www.immi.gov.au/Visas/pages/801-820.aspx
So in short you cannot apply for this visa as neither of you are permanent residents.
I am sorry I cannot give you anything more positive. If there is nothing further thank you for using my services.
If I have missed anything, or you have any further questions please let me know
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Regards
Leon

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