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hi all.im an Australian im married to a Vietnamese and we have one son we have been living to gether for 16 months in vietnm.now i have to go back to Australia for work.so my question is can we still lodge to subclass 309 /100 visas or do we have to get new forms ?
 

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Hi Milo and welcome to the forum,
Vietnam is a great place isn't it - over there a few months in 1993

Do you mean new forms because you want to do the application back in Australia?

I've not compared the offshore/onshore scenarios and they could be same form but ticking for the a different visa number, but check Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100) for offshore and
Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801) for onshore if you get past the scrutiny of your wife and son returning with you on a tourist visa.

It can be frowned upon that you do that as a visitor visa is supposed to be exactly for that and so if you're going down that path, you may not want to be too open about it and if asked I suppose they could be visiting to ascertain just how they would feel about permanent settlement.

Next question?
And what's the answer?
 

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Hi there,

I know it's confusing, but there are two parts to the process when applying for a 309 spouse visa. You pay one application fee, but this covers both parts. First, the applicant is granted a temporary visa which allows them to enter Australia and live there. This then expires 2 years from the date of lodgement,and it is at this point that DIAC sends requirements for the permanent 100 visa assessment which is logded and granted onshore.

Have you read the information available via the embassy site in Vietnam, and the partner visa boolet especially? This is very useful in gathering the necessary documents and evidence for the application.
 

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Sorry to poke in the middle...

When someone applies for 309 spouse visa, will that person get the visa once the application is lodged or how long will it take to get the visa.

Regards
 

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Sorry to poke in the middle...

When someone applies for 309 spouse visa, will that person get the visa once the application is lodged or how long will it take to get the visa.

Regards
Standard processing time is now 10 months. You can apply for a Touris Visa in the meantime.
 

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Hi again,

10 months should be considered the longest possible time it could take to get the visa. Some people have gotten in a couple of months, some get it after a year, but most get it within 4 to 6 months from what I have seen on this site.

So, you should prepare yourself for a longish wait.
 

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Thanks for the response :)

Is it OK to apply for a tourist visa after the application for visa 309 is lodged or should we apply for the tourist visa first and then the visa 309?

Regards
 

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Hi Gemini,

I'd think it best to lodge the partner visa application and mention in the cover letter that you wish to apply for a visitor visa to see eachother during the wait. Keep in mind that the applicant has to be out of Australia when the visa is granted.
 

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Thanks Aussiegirl for the response I'll make that point in the cover letter when I apply for the tourist visa.

One more doubt on your reply... "applicant has to be out of Australia when the visa is granted"

Does this mean once the visa 309 is granted my partner should go back to her country and come back to Australia or she should immediately leave the country once the case officer is allocated regarding her visa application?


Regards
 

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Hi again,

So, since your partner is applying for an offshore visa, she has to be out of Australia in order for the visa to be activiated after it's granted. So, she doesn't have to go back to her country, but she can't be onshore. If you're thinking about a holiday somewhere nearby like NZ or SE Asia, it would kill two birds with one stone so to speak :)
 

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Oh That's nice to hear :))

Can enjoy a holiday for having granted the visa. Thank you very much for your kind responses.

Regards
 
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