We received the following email from a fellow agent and have been given permission to publish. We would appreciate it if any RMAs are aware of any case-law or precedents on this scenario. All comments and feedback welcome. If anyone would like to contact Gurpreet directly with feedback his email is This email address is being protected from spambots. You need JavaScript enabled to view it.
:
"Dear Sir/Madam,
I am a migration agent. I am confronting a very critical issue in relation to offshore student visa cases where the marriage took place less than 2 years ago.
My concern is that the universities are unwilling to process offer letters for these cases as they are afraid that the Australian High Commission, India will reject the applicant's visa applications because of the fact that their marriage is less than 2 years old.
As far as I know, the Migration Act and related legislation does not stipulate such condition on the visa applicants. If the applicants are married and they can prove a valid marriage, they should not be rejected because their marriage is less 2 years.
Therefore, I am not able to provide a concrete advice to my clients as there is so much inconsistency prevalent in the department's decision making process.
Moreover, I am not able as it is impossible to talk to the department in that regard as I have to wait for an hour and so on to the telephone to get connected.
I will be grateful to you seeking the Department's stand on this issue so that our practice can confidently advise our clients.
I am waiting for your reply.
Your help and efforts are appreciated.
Gurpreet Singh (Director)
KPG Global Visas Services Pty. Ltd.
Australian & New Zealand Registered
Principal Migration Agent
(MARN: 1569140)
NZ License No: 201500594"
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