New and recently lodged 309

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New and recently lodged 309


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Old 07-22-2019, 09:06 PM
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New and recently lodged 309

Hello!

I have recently (a month ago) lodged my application to be able to migrate to Australia with my partner and my son, who both are Australian citizens. I was somewhat chocked by the processing times, I must admit.

In hindsight I maybe should have considered applying for a 820 visa instead. It seems I can't enter the country as it is without risking losing my 309, according to the immi-official I spoke with today.

Well, anyways, It's good to get input from and learn about others experiences so I think I will very much appreciate this forum.

Magnus


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Old 07-22-2019, 09:35 PM
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Quote:
Originally Posted by magham View Post
It seems I can't enter the country as it is without risking losing my 309, according to the immi-official I spoke with today.
Quite a few people get a visitor visa after applying for an offshore partner visa.

I can't see why it would risk the 309. Unless you overstayed the visitor visa.

We were granted a 12 month visitor visa after applying for the PMV.

Immigration then tell the applicant to leave when they are ready to give the 309/300 decision.


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Old 07-22-2019, 10:52 PM
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That is interesting, considering that the immi-official I spoke with today said that advice against that due to the risk of the latest decided visa is the one in affect. The person didn't say it was impossible but did stress it being a risk, the risk being if in the country while getting notified about the decision on the 309 they might just let me keep my visitors visa instead... or something like that. Obviously I would leave the country when required, that was the plan, but they advised not going there at all.

But your experience tells a different story, which makes me glad!


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Old 07-22-2019, 10:53 PM
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Oh, btw, I'm a Swede from Sweden and residing there


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Old 07-23-2019, 12:33 AM
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Quote:
Originally Posted by magham View Post
That is interesting, considering that the immi-official I spoke with today said that advice against that due to the risk of the latest decided visa is the one in affect. The person didn't say it was impossible but did stress it being a risk, the risk being if in the country while getting notified about the decision on the 309 they might just let me keep my visitors visa instead... or something like that. Obviously I would leave the country when required, that was the plan, but they advised not going there at all.

But your experience tells a different story, which makes me glad!
Where was that 'immi-official' based?
People getting the visitor visa, after applying for a partner visa, does seem reasonably common from what I have seen.

That "latest decided visa" bit does apply to some visas, but from what I read, only to decided visas. So, applying for a visitor visa after the partner visa was granted, might cause that problem.


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Old 07-23-2019, 09:55 AM
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Originally Posted by JandE View Post
Where was that 'immi-official' based?
People getting the visitor visa, after applying for a partner visa, does seem reasonably common from what I have seen.
I called the Department of Home Affairs and the person I spoke to said this.


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Old 07-23-2019, 10:02 AM
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Originally Posted by magham View Post
I called the Department of Home Affairs and the person I spoke to said this.
Not everyone at Immigration appear to know the rules 100%

I came across this Department of Home Affairs page earlier.

https://immi.homeaffairs.gov.au/ente...eing-processed

Quote:
Travel while your visa is being processed

You can apply for a visitor visa to come to Australia while you are waiting on an application outcome so long as the temporary visa matches your intentions.

If you are waiting for the decision on a substantive or permanent visa and want to visit Australia to see a partner or holiday you can.

MuntinMia likes this.

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Old 07-23-2019, 10:09 AM
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Quote:
Originally Posted by JandE View Post
Not everyone at Immigration appear to know the rules 100%

I came across this Department of Home Affairs page earlier.

https://immi.homeaffairs.gov.au/ente...eing-processed
You are a source of good information! I'm on hold now to ask them about this and get a second opinion from someone who might be closer to 100% knowledge It makes sense to have some kind of bridging possibilities.


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Old 07-23-2019, 10:44 AM
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So, after having talked to another person at the Department my current information status is that I am allowed to visit Australia (ofc.) while the 309 is being processed, but that it is up to the case team to inform me in advance when they are about to make a decision. There are no guarantees they will do this; it is up to "the discretion of the case team". Regarding the bridging visas they are generally for when applying from inside Australia on a temporary visa, the person on the phone said.

I think the worst case would be me being inside Australia on a visitors visa of some kind while the decision about the 309 is being made and not getting a heas-up, and that leading to the 309 regarded as void. In that case I should be able to apply for an 820 and a bridging visa, hopefully getting the latter before the visitors visa expires. But this is hypothetical I guess.

My new line of thought is that it might be possible to go to Australia and have the 309 application changed to an 820 and pay the extra AU$1000. But that doesn't seem like a solid option.


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Old 07-23-2019, 10:50 AM
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Now an agent messaged me back and said that they usually get their applications through within 6-8 months and that I could apply for a subclass 600 giving me 12 months to stay while waiting. Why wouldn't the people at Home Affairs say that?


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