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Temporary 309 to Permanent 100

3K views 21 replies 6 participants last post by  Mish 
#1 ·
Hi all!

We've been on our temporary 309 for about 2.5 years, and have only just got around to starting the application for additional documents (permanent 100).

We didn't realise that our online Immi account updated our Visa to request additional documents back around October 2017.

Question is: do we need to worry about getting this done ASAP? The wife will need to travel overseas this year to renew her passport, will we face any issues if she's still on the 309?

Thanks in advance!
 
#2 ·
You should be doing it ASAP! The eligibility date is 2 years after you submitted the 309. If you don't submit the documents immigration can make a decision on the visa on what you have provided which is nothing.

Why not renew the passport in Australia? It is usually easier as from overseas you need to then update immigration with the passport number and if it takes awhile for them to update it you can face issues at the airport.
 
#4 · (Edited)
Seriously? Man, I'm stressing hard now. It says nothing about there being a time limit between visas to get this done :(

I emailed them multiple times and they said "wait for the Immi to contact you" - they never did. 3 more emails went unanswered, and I once waited on hold for 1.5 hours before having to hang up.

The Immi website just kept displaying the old visa and no request for new documents.

Now when I checked a few weeks ago it was the visa 100 and requesting docs.

Would they really cancel her visa just like that?
 
#5 ·
Their assumption is that if you don't submit your documents to show you are still genuine and ongoing then it means you are not together anymore. They would refuse the visa due to not believing you are in a genuine relationship, when a 100 gets refused then the 309 gets cancelled. If Australia they will grant a BVA for 28 days to allow time to either leave the country or object.

Immigration have not contacted people to tell them they are eligible for the 100/801 since maybe July 2017 (I can't remember when but it feels like it has been at least 6 months since they stopped sending the emails).

I remember a case where the couple submitted their PR documents and after awhile immigration emailed them for additional documents to be provided within 28 days. They didn't see the email (I think it may have gone to spam) so they didn't supply to the documents so they then got rejected. They didn't see the rejection email either (I think it went to spam too) and the first they knew about it was when they got something from Medicare about the Medicare being cancelled. They had missed the window to object so had to go offshore to submit a brand new partner visa application.
 
#8 ·
You will be advised in writing at the contact address ( postal or email) provided. If for some reason you don't receive the refusal letter,because you did not update your contact details, you can expect a knock on the door one day. Better make sure it doesn't get to that.
 
#13 ·
Don't wait for them to request evidence, you need to upload the evidence now. If you don't submit your evidence they can base your application on what you have uploaded which is nothing.

There is a list of documents required here: https://www.homeaffairs.gov.au/about/corporate/information/forms/online/partner-permanent-calculator

It does not list the evidence though. You need evidence since the grant of the 309 in all 4 categories. For example: joint bank accounts, joint bills, joint travel, photos with family and friends, super beneficiary, tax return showing you list each other as spouses.

Basically things showing that you are still in a genuine and continuing relationship.
 
#16 ·
I really don't know why they have the "we will contact you for evidence" when the onus is on the applicant to provide enough evidence.

Some good news for you is that processing times are based on eligibility date so you probably won't need to wait as long for a decision (I thought you would like some good news).
 
#19 ·
Sorry, to butt in on the thread, but I was thinking about when its time for my husband to apply for his 100, and I was curious if I should be keeping receipts from the grocery store and stuff over the next two years or would our joint bank account transactions be enough?
 
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