This week I would like to speak about the day I sat down
with a migration agent – very interesting I might add
and certainly time well spent.
Celebrants will frequently receive requests to take
NOIMs (Notice of Intention to Marry) from couples where
one party is overseas or from overseas. It is not my
role to be involved in the immigration aspects of each
case, but it’s vitally important that as a celebrant I
understand the situation facing each couple so that I do
not inadvertently hinder the process the couples need to
go through to obtain the relevant visas for the
migrating partner.
According to the migration agent I met, it is highly
advisable for celebrants to refer such couples to
migration professionals for advice before they start
down the path of applying for visas, because if they
apply for the wrong visa and the celebrant solemnises
the marriage first, it could delay significantly the
couple’s chances of being able to be together in
Australia.
Migration agents must, like marriage celebrants, be
registered and undertake professional development each
year and operate within a strict Code of Conduct.
Essentially, marriage celebrants and migration agents
are involved in the "happily ever after" business. We
both work in highly regulated professions. Migration
agents will receive all kinds of applications for
visas-family visas, business visas, spouse visas etc.
What do your foreign clients get to experience before
they see you, the celebrant? You may be surprised.
The first challenge facing the couple (where one is not
an Australian resident) is which of the many visas to
apply for? There are half a dozen visas relating to
marriage—for people overseas, onshore applications,
married couples, defacto couples, engaged couples. The
catch is getting the right visa because if the couple
chooses the wrong one— they are literally down the rat
hole. Many times, migration agents have had to tell
people in a loving relationship that if they really want
to be together the best thing they can do is not get
married.
The Migration Agent's Suggested Steps For Marriage
Celebrants To Follow are:
Accept NOIM from couple - Advise couple to phone a
Migration Agent to see whether everything they are
planning is okay, and whether they have the restricted
condition on the migrating spouse's visa (Condition
8503). Professional advice will usually be provided to
them (for which they may or may not have to pay a fee
depending on the particular agent they deal with). This
will help them have a better chance of getting their
Happily Ever After.
The agent I met said it is soul destroying to see
couples torn apart by rules and regulations. If you do
have a client who might be in that situation, ask them
to talk to a professional, registered migration agent.
However, once the visa application process has
been commenced, it is virtually impossible to change
visa types. Some agents may provide free preliminary
advice to couples over the phone, but most will not.
Please note: there is a special class of visa for
refugees, including those in detention.
If you have clients in this situation, be aware that
migration agents should be asked by the clients if they
have experience in providing advice to refugees as it is
a complicated area.
This Newsletter's Zip or Zap
Remember to cross the T’s and dot the I’s.
Annie.
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