Partner Visa Vent - Page 2

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Partner Visa Vent - Page 2

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  #11 (permalink)  
Old 09-07-2012, 12:21 AM
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Posts: 27
Users Flag! From australia

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Hi madamhooch
All applications need to meet certain criteria to be valid. These criteria fall into a number of schedules. For example, schedule 1 states that it is only a valid application if the correct from and fee is received (ie 47sp and $3060) etc. schedule 3 states that an applicant must be on a substantive visa (ie a real visa such as a working holiday visa, a student visa, a visitor visa etc) at the time the application is lodged. You can't be on a bridging visa or be unlawful (hold no visa). If you wait until you have been here exactly one year and lodge on tues 29th ( because mon 28th is a public holiday), you will be unlawful and will not meet schedule 3. This is where it becomes slightly technical.. If your partner visa is lodged within 28 days of your substantive visa expiring, you can still meet schedule 3, IF you can demonstrate that you became unlawful due to reasons beyond your control. Going in on the Tuesday and claiming you didn't know it was a holiday on the Monday is unlikely to be deemed 'beyond your control'. If you can't MEET schedule 3, then diac looks at if there are any compelling grounds to WAIVE it- usually that u have been married or de facto for at least 2 years, or have a child of the relationship. I would advise you to lodge on the last possible working day before your visa expires (go into diac in person) and put in a clear note about why you are lodging a couple of days early. Also make a note that the case officer is welcome to look up your arrival card. If worse comes to worst, you lodge a review. But I think you should be ok if you have strong evidence. If you are really worried, go out before 28th jan, come back in early feb (or later) on an eta, and lodge before eta expires (eta is a substantive visa). Hope this helps a bit.

  #12 (permalink)  
Old 09-07-2012, 12:24 AM
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Posts: 27
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Ps - 'beyond your control' would be something like you got hit by a bus and were in a coma n hospital !!

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