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Discussion Starter · #1 · (Edited)
Hello forums,

Just like my title stated I have been stuck in a 309 Partner processing nightmare as many others in this forum. I'm trying to search for answers, as things I have been told simply do not make sense.

I'm an American citizen and my wife is an Australian citizen. We applied for my 309 partner visa February 11th, 2017. When we first lodged the application it was estimated that the process would take 10-13 months, which was bad but manageable. We lodged the application online but from the United States as I was finishing my Bachelor of Science.

In August of 2017 my wife needed to move back to Australia to continue her degree. We packed up the family and came to Australia where we have been since. I'm currently on a Visitor 600 Visa and had to apply for an extension as my first visa ran out. We had no idea the process could take this long.

My questions revolve around what is really going on? My 309 visa has been processing for over 17 months now, even though originally stated to only take 10-13 months. We just found out that que times have blown out to 21-26 months! When I called immigration they stated that applications are in a que but if that is true then how have many people received their grant, even though they lodged their application after mine?

We front loaded my application with all needed information including police checks and health check. We attached loads of information:

We have been married for almost 4 years
We have a son that is about to turn 3
We listed every possible relevant thing we could
I have held many previous visas in Australia, always leaving on time
I used to play in their National Baseball League
Immigration knows I'm a good person!

They even took so long in getting to my case that we were told we had to redo our police checks since they ran out. We completed our police checks a second time and resent them by the start of April 2018. That's the last time I have received communication for an actual person.

I received an generic email on July 2nd 2018, stating that my visa is still being processed and haven't heard anything since. If I'm lucky with the extension I'll get to stay for my sons 3rd birthday and then probably be asked to leave. I have not spent a single night away from my son since he has been born. It is beyond words what they are putting families through, it truly is heartbreaking thinking that I will be forced to leave my son and wife.

Does anyone have any information into what could be going on? how has my application taken over 17, going on 18 months? Thank you all for your time.
 

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Hello forums,

Just like my title stated I have been stuck in a 309 Partner processing nightmare as many others in this forum. I'm trying to search for answers, as things I have been told simply do not make sense.

I'm an American citizen and my wife is an Australian citizen. We applied for my 309 partner visa February 11th, 2017. When we first lodged the application it was estimated that the process would take 10-13 months, which was bad but manageable. We lodged the application online but from the United States as I was finishing my Bachelor of Science.

In August of 2017 my wife needed to move back to Australia to continue her degree. We packed up the family and came to Australia where we have been since. I'm currently on a Visitor 600 Visa and had to apply for an extension as my first visa ran out. We had no idea the process could take this long.

My questions revolve around what is really going on? My 309 visa has been processing for over 17 months now, even though originally stated to only take 10-13 months. We just found out that que times have blown out to 21-26 months! When I called immigration they stated that applications are in a que but if that is true then how have many people received their grant, even though they lodged their application after mine?

We front loaded my application with all needed information including police checks and health check. We attached loads of information:

We have been married for almost 4 years
We have a son that is about to turn 3
We listed every possible relevant thing we could
I have held many previous visas in Australia, always leaving on time
I used to play in their National Baseball League
Immigration knows I'm a good person!

They even took so long in getting to my case that we were told we had to redo our police checks since they ran out. We completed our police checks a second time and resent them by the start of April 2018. That's the last time I have received communication for an actual person.

I received an generic email on July 2nd 2018, stating that my visa is still being processed and haven't heard anything since. If I'm lucky with the extension I'll get to stay for my sons 3rd birthday and then probably be asked to leave. I have not spent a single night away from my son since he has been born. It is beyond words what they are putting families through, it truly is heartbreaking thinking that I will be forced to leave my son and wife.

Does anyone have any information into what could be going on? how has my application taken over 17, going on 18 months? Thank you all for your time.
I am sorry for you waiting on your visa descision for such a long time. We don't know what is happening in DHA, apart from being patient, there isn't much we can do if your application is still within their processing time frame.

But, please stay positive, and please think this way: in your case, you probably will get 300 and 100 at the same time, which will save you another heck of 20+ months of stage 2 waiting. There is very high possibility you will get your 100 PR straight, which is not a bad thing at all with total 20 months waiting (if granted soon), compared to those 20+months waiting for 309 then another 20 months waiting for 100 .
 

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Tell your wife to contact her local Federal MP and ask them to intervene on your behalf. Even if they can't do anything it is important our representatives are aware of what is going on out there and what is does to people.
 
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Discussion Starter · #4 ·
What I fail to understand, is how many on this site are getting approved for their grant even though they applied later then I did. Immigration has told me every time that I call in, that my application is in a que. That simply is not true.

Since I'm in Australia at the moment and know I have to be outside for the decision I have asked repeatedly if I need to leave so the process can be wrapped up. Each time I have talked to someone I have been told that a case office will specifically tell me when to leave. Knowing that we put forth a perfect front loaded application with no missing details, why has it taken over 2 months since I last heard from them?

At 10 months since I applied the processing time did not change. At 13 months the processing time did not change, only until after the estimated time from when I first put forth my application did the processing times first just to 18 months and now recently blown out to 26 months.

Something just dosent add up here!
 

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Discussion Starter · #5 ·
Thanks CCMS!

I had a friend tell me this too, so were going to write to her tonight. My wife even sent a email directly to Peter Dutton explaining the situation which I'm sure will go ignored and we revived a generic thanks for contacting us email in response.

I also contacted the writer from the Sydney Morning Herald who wrote and article on how visa processing times have been blown out. He was interested to hear about my situation but we have yet to have further discussions.
 

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Unfortunately, it happens. There was an active member on here from Canada who had been married for awhile and had a strong app. He felt the same... waiting over a year and a half while others on here were posting visa grants from Canada within weeks of applying. Eventually the grant came through and it was all in the past. Best of luck to you that the waiting isn't for much longer.
 

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Definitely go to your MP and speak with them. If no one contacts them they have no idea how much their constituents are being hurt by the delays

stay strong. in the same boat as you here...
 

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So sorry to hear this. Hoping you get your grant soon. The last grant i’ve heard from DC office was lodged in May 2017. You may want to include it in the letter to your local MP. This just shows that they are not processing applications in order of lodgment contrary to what they’re claiming.

I wanted to ask you about your tourist visa 600 though. What was the initial stay period given to you?

We just lodged a 600 for my husband so he can come here in sydney.

Thanks in advance!
 

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Hello forums,

Just like my title stated I have been stuck in a 309 Partner processing nightmare as many others in this forum. I'm trying to search for answers, as things I have been told simply do not make sense.

I'm an American citizen and my wife is an Australian citizen. We applied for my 309 partner visa February 11th, 2017. When we first lodged the application it was estimated that the process would take 10-13 months, which was bad but manageable. We lodged the application online but from the United States as I was finishing my Bachelor of Science.

In August of 2017 my wife needed to move back to Australia to continue her degree. We packed up the family and came to Australia where we have been since. I'm currently on a Visitor 600 Visa and had to apply for an extension as my first visa ran out. We had no idea the process could take this long.

My questions revolve around what is really going on? My 309 visa has been processing for over 17 months now, even though originally stated to only take 10-13 months. We just found out that que times have blown out to 21-26 months! When I called immigration they stated that applications are in a que but if that is true then how have many people received their grant, even though they lodged their application after mine?

We front loaded my application with all needed information including police checks and health check. We attached loads of information:

We have been married for almost 4 years
We have a son that is about to turn 3
We listed every possible relevant thing we could
I have held many previous visas in Australia, always leaving on time
I used to play in their National Baseball League
Immigration knows I'm a good person!

They even took so long in getting to my case that we were told we had to redo our police checks since they ran out. We completed our police checks a second time and resent them by the start of April 2018. That's the last time I have received communication for an actual person.

I received an generic email on July 2nd 2018, stating that my visa is still being processed and haven't heard anything since. If I'm lucky with the extension I'll get to stay for my sons 3rd birthday and then probably be asked to leave. I have not spent a single night away from my son since he has been born. It is beyond words what they are putting families through, it truly is heartbreaking thinking that I will be forced to leave my son and wife.

Does anyone have any information into what could be going on? how has my application taken over 17, going on 18 months? Thank you all for your time.
We're waiting for almost 15 mos now. I hope they would grant us soon. Goodluck to us.
 

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Find the electoral office of the current immigration minister and give them a call, be emotional and desperate - ask for a number of someone in Canberra that can help..worked for me many many years ago.
 

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Except for humanitarian visas there is no requirement for the minister to process applications in any particular time frame, or at all; notwithstanding s65 :

MIGRATION ACT 1958 - SECT 65
Decision to grant or refuse to grant visa

(1) Subject to sections 84 and 86, after considering a valid application for a visa, the Minister:

(a) if satisfied that:

(i) the health criteria for it (if any) have been satisfied; and

(ii) the other criteria for it prescribed by this Act or the regulations have been satisfied; and

(iii) the grant of the visa is not prevented by section 40 (circumstances when granted), 91W (evidence of identity and bogus documents), 91WA (bogus documents and destroying identity documents), 91WB (applications for protection visas by members of same family unit), 500A (refusal or cancellation of temporary safe haven visas), 501 (special power to refuse or cancel) or any other provision of this Act or of any other law of the Commonwealth; and

(iv) any amount of visa application charge payable in relation to the application has been paid;

is to grant the visa; or

(b) if not so satisfied, is to refuse to grant the visa.

Note 1: Section 84 allows the Minister to suspend the processing of applications for visas of a kind specified in a determination made under that section. Section 86 prevents the Minister from granting a visa of a kind specified in a determination under section 85 if the number of such visas granted in a specified financial year has reached a specified maximum number.

Note 2: See also section 195A, under which the Minister has a non-compellable power to grant a visa to a person in detention under section 189 (whether or not the person has applied for the visa). Subdivision AA, this Subdivision, Subdivision AF and the regulations do not apply to the Minister's power under that section.

Note 3: Decisions to refuse to grant protection visas to fast track review applicants must generally be referred to the Immigration Assessment Authority: see Part 7AA.

(2) To avoid doubt, an application put aside under section 94 is not taken for the purposes of subsection (1) to have been considered until it has been removed from the pool under subsection 95(3).
 
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