witness form soon to expire. need advice

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witness form soon to expire. need advice


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Old 12-22-2012, 09:20 PM
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Unhappy witness form soon to expire. need advice

hi,


I've sent my application through express mail in sydney yesterday but i think there are two mistakes in the forms 1. the witness form was done by the witnesses 16th last month so im counting it 5 weeks old tomorrow when they receive it and by knowing the witness forms are only valid for 6 weeks. 2. the date of our signature is 11.12.12 but we just sent it yesterday 22.12.12. these are very rush of all forms and i dont know what to think. is there any one who knows what will happen? will immigration find it expired or what? im posting this just to lessen the stress im having now..thanks and have a merry xmass to us! thanks in advanced


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Old 12-22-2012, 09:51 PM
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Hi - specifically what type of visa are you applying for, and onshore or offshore?

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Old 12-22-2012, 09:59 PM
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uk820 onshore


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Old 12-22-2012, 10:24 PM
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Here's the pertinent regulation, which is contained in Schedule 1 for the Permanent part of the visa (subclass 801):

"(iii) must provide, at the same time and place as making the application, 2 statutory declarations each of which:
(A) is made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the partner; and
(B) declares that the applicant and the partner are in a married relationship or de facto relationship; and
(C) was declared no more than 6 weeks before the day on which the application for the Partner (Residence) (Class BS) visa was made."

As your visa application is a combined application for the 820 (class UK) and 801 (class BS), the application that is referred to is the initial application for the 820.

As I read the calendar, 6 weeks from the signature date of 16-Nov would be 28-Dec. DIAC Sydney is open on 24 Dec (tomorrow), and 28-Dec so 28 would be 6 weeks exactly. Since that is not "more than 6 weeks", it appears you're OK if DIAC receives the application on the 24th or 28th. After that, you'll be beyond the 6 weeks expiration of the signature timing and technically it will be an invalid application as the requirements are part of Schedule 1 for that visa. If the application is invalid DIAC will return it to you with a letter to that effect, then just get fresh statements and resubmit. It's not a refusal, so you don't have any of the negative affects that come from those.

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Old 12-22-2012, 11:00 PM
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this is really cool, so my application is safe and sound. glad to hear this information from you Mark. I been told that my papers will be arrive either 24th or 27th by the immigration so I guess my instinct also is okay and to add your information looks my application will be fine. are they gonna give me BVA after recieving my application as i am currently holding visa 426.


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Old 12-22-2012, 11:06 PM
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Assuming you're lawful at the time your application is lodged, you'll receive a Bridging Visa A (BV-A) with no conditions. The BV-A will activate upon the expiration of your current visa. Once you're on the BV-A, remember that in order to leave Australia, you'll need to apply for and be granted a BV-B (Bridging Visa B) as your BV-A will cease upon leaving the country. You travel on the BV-B, then after returning to Australia, re-apply for the BV-A which you'll be granted. If/when you apply for the BV-B, make sure the trip is for a substantial reason (not just fun, etc).

Good luck with your case!

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Old 12-22-2012, 11:16 PM
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That's beautiful, Mark. Thanks a lot and praying and hoping for the best of my case and other's as well. Merry Xmas!! Ciao!


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Old 12-24-2012, 07:05 PM
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Quote:
Originally Posted by MarkNortham View Post
Here's the pertinent regulation, which is contained in Schedule 1 for the Permanent part of the visa (subclass 801):............
(C) was declared no more than 6 weeks before the day on which the application for the Partner (Residence) (Class BS) visa was made."

As your visa application is a combined application for the 820 (class UK) and 801 (class BS), the application that is referred to is the initial application for the 820.............................

.
A quick question Mark on this, does the 6 week rule apply to 309/100 visa applications too? As you mention the 820/801 specifically. With added postage times are the offshore visas given extra time? if so what is the time limit for them? The conditions do appear slightly differently for offshore as the will accept signed and witnessed statements from non Australian citizens offshore from what I have read.

In our case we had 4 888s that we got before we left Australia, two of them were within the 6 weeks when lodged so in our case we are not worried, the other two were two days past the 6 weeks when lodged but that doesn't really matter.

Just wondering about this for my own future reference.

Thanks,

Kttykat




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Old 12-26-2012, 12:34 PM
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Iīm wondering the same thing as Kttykat.
The lodging of my application was delayed for different reasons and the statements we had from friends and family passed 6 weeks
Luckily I kept pushing my partner to get more stat decs because I was worried about this too.
My future mother in law helped out with helping other relatives with statements. Bless her!! (Whereīs the loveheart-smiley?? )
She didnīt tell them what to write,just supplied them with the forms and helped them go get them certified etc.
Just having people find their birth certificate has been difficult..lol
But if the first 888s are too old and unvalid itīs a shame as they were so well written..lol Without getting too personal!
It does take a bit of time to get things from Oz to other parts of the world,usually 7-10 days to Sweden.
Time is just running away.
Would be great if the 888 stat decs werenīt timelimited


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Old 12-26-2012, 01:03 PM
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Hi all - The 6 week rule is contained in the Schedule 1 criteria of the 820/801 onshore partner visa only; the corresponding Schedule 1 criteria of the offshore 309/100 partner visa does not contain this specific limitation. However, watch out for situations where offshore embassies and posts add on their own additional criteria for Partner Visa applications - which could include limiting the dates on Form 888's. I have not seen this as of yet, but it's always better to double check.

Adventuress, AJ67 and kttykat like this.

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