Applying visitor visa While processing 309/100

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Applying visitor visa While processing 309/100


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Old 12-28-2012, 06:55 AM
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Applying visitor visa While processing 309/100

Hello

Im a Permanent resident in Australia and my wife is Sri Lankan. She applied her 309/100 last september and still we have not heard anything from Visa office.
All we got is a automated email from VFS ( Where we lodged it as VFS is the place take applications behalf of Australian high commision - colombo ) saying our application has been forwarded to AUSTRALIAN HIGH COMMISION - COLOMBO.

It has been 3 and half months now. We contacted them and they replied to our email saying processing time is upto 12 months. we still have NO CO.

We dont wont to live apart such a long time so we decided to apply for a sponsored visitor visa ( 679 ) so we can be together for sometime till they process 309/100.

so

1. Anyone did that ? what is the procedure ? is it ok or will it cause any issues to our 309/100 ?

2. we heard we have to let our CO if we are intend to apply a visitor visa. but as we dont have a CO yet what can we do ?

please help.

Thank you.


Last edited by coolc; 03-19-2013 at 02:25 AM.

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Old 12-28-2012, 07:02 AM
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Originally Posted by coolc View Post
Hello

Im a Permanent resident in Australia and my wife is Sri Lankan. She applied her 309/100 last september ( 17/09/2012 ) and still we have not heard anything from Visa office.
All we got is a automated email from VFS ( Where we lodged it as VFS is the place take applications behalf of Australian high commision - colombo ) saying our application has been forwarded to AUSTRALIAN HIGH COMMISION - COLOMBO.

It has been 3 and half months now. We contacted them and they replied to our email saying processing time is upto 12 months. we still have NO CO.

We dont wont to live apart such a long time so we decided to apply for a sponsored visitor visa ( 679 ) so we can be together for sometime till they process 309/100.

so

1. Anyone did that ? what is the procedure ? is it ok or will it cause any issues to our 309/100 ?

2. we heard we have to let our CO if we are intend to apply a visitor visa. but as we dont have a CO yet what can we do ?

please help.

Thank you.
If they grant it she will need to leave Australia when they are ready to grant the visa. Hearing nothing from immigration is the norm.

Kttykat




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Old 12-28-2012, 07:10 AM
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If they grant it she will need to leave Australia when they are ready to grant the visa. Hearing nothing from immigration is the norm.

Kttykat
So to whom we should inform if we are applying a visitor visa ?

also is it safe to apply a visitor visa ? i mean does it affect to 309/100 ?

Thanx


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Old 12-28-2012, 07:14 AM
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So to whom we should inform if we are applying a visitor visa ?

also is it safe to apply a visitor visa ? i mean does it affect to 309/100 ?

Thanx
As I understand it (mind you I am not a migration agent) it shouldn't affect your partner application. I myself am going to Australia on an ETA on the advice of DIAC. Though as I said, you have to be offshore when the 309 is granted. In our case we plan to travel to New Zealand when they let us know it is ready to grant.

Kttykat




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Old 12-28-2012, 07:23 AM
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As I understand it (mind you I am not a migration agent) it shouldn't affect your partner application. I myself am going to Australia on an ETA on the advice of DIAC. Though as I said, you have to be offshore when the 309 is granted. In our case we plan to travel to New Zealand when they let us know it is ready to grant.

Kttykat
Thank you.

Another thing is i worry is What if they Grant 309 without letting us know in advance. If they grant it while she is in Australia according to my knowledge it automatically cancelled eh ?

ggggg this is killing... waiting this long to be together even after marriage


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Old 12-28-2012, 07:35 AM
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So to whom we should inform if we are applying a visitor visa ?

also is it safe to apply a visitor visa ? i mean does it affect to 309/100 ?

Thanx
You should send an email to the embassy that you have applied to, or your case officer if you have a contact for them, use your file number as a reference if you have it.

Kttykat




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Old 12-28-2012, 08:44 AM
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Excellent advice by Kittykat - the key is to keep the Embassy updated with a current address for you (always!) and if you're going to be away from your home address for an extended period of time (ie, trip to Australia). You'll receive a letter if/when they grant the 309 (if they have your updated mailing address) and it will have a timeframe on it within which you need to be offshore in order for them to grant the visa. But again, keep in touch with the Embassy, especially regarding your mailing address.

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Old 12-28-2012, 09:38 AM
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Excellent advice by Kittykat - the key is to keep the Embassy updated with a current address for you (always!) and if you're going to be away from your home address for an extended period of time (ie, trip to Australia). You'll receive a letter if/when they grant the 309 (if they have your updated mailing address) and it will have a timeframe on it within which you need to be offshore in order for them to grant the visa. But again, keep in touch with the Embassy, especially regarding your mailing address.
are not they communicate using email ? or do they use POST LETTERS method ?


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Old 12-28-2012, 09:54 AM
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Hi Coolc -

An applicant can give DIAC permission to use email as part of the visa application (and many people do), however in some circumstances DIAC chooses to use written communications - the thing is, just because an applicant gives them permission to use email doesn't mean they must use that instead of other methods. It's DIAC's choice.

And additional issue is that for most visa applications, it is a Schedule 1 criteria (ie valid vs invalid application) that an applicant must provide a valid residential address. Even once you've lodged the visa application and they have deemed it valid, it's a very good idea to keep your residential (and mailing) address updated with whichever post is processing your visa application. The last thing you'd want to do is to miss an important request (ie, for additional documents) with a deadline - miss the deadline, and you might get refused as a result, and the defence of "I didn't get the email" is of no use. If DIAC can prove it sent the email, that's it. It's one reason why once in a while, for some types of applications - ones with super-critical deadlines - I do not give DIAC permission to use email - it's simply too risky when someone's future in Australia or review rights hinges on getting approved for a visa, etc. In these cases DIAC will generally send items registered mail so as to prove the date sent.

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Old 12-29-2012, 10:59 AM
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I was thinking of doing the same thing but decided against it. What I found out was that the two processes, the tourist visa and the partner visa, are independent processes however it is most certainly in your interests to let the embassy and your CO if you have one know that you are applying and if you get it that you have moved to Australia and what your contact details are.

From what I understand, technically immigration does not have to do this but they are certainly in a habit of letting applicants that are onshore know when they are about to approve visas which require the applicant to be offshore so that they can leave Australia for when the visa is approved. So yes you are correct in saying that if they process and try to approve the visa while you are onshore the visa will be cancelled.

It satisfy my nerves I personally requested that my CO confirm that she would notify us prior to approving the visa so that we could have my fiance leave Australia, maybe you could consider that if you are concerned.

The other thing I wanted to share was that for a tourist visa 676 you must prove that your wife has enough reasons to return home or the visa will not be approved...not sure if it is the same for 679. That is the hard part I think. I have a template of all the stuff you need to provide if it is the same and I can share that with you.

Also I did see somewhere that someone like you and me applied for a tourist visa while waiting for a partner visa and it was rejected and then their partner visa was rejected and one of the reasons stated was that the tourist visa was also rejected. I believe they had this decision on the partner visa overturned and I think it is a misuse of the process to use such information in that way BUT it might be worth you knowing this upfront.


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