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Which visa to apply for? - Page 2


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  #11 (permalink)  
Old 01-11-2013, 09:25 AM
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Hi -

Re: living together 12 months, if you are not doing defacto partner visa, it is not a strict requirement. However, DIAC will look closely at your relationship for the 12 months before marriage (and perhaps longer back depending on the relationship) to assess whether they believe it is genuine. This is the case whether you are married yet or not - the marriage certificate does not reduce the requirement to prove a genuine relationship.

Re: tourist visa, if he arrives on a tourist visa with No Further Stay (8503), he's barred from lodging a partner visa application (or virtually any other visa application) unless he can get a waiver of 8503 - requires compelling and compassionate circumstances resulting in a major change in the applicant's situation that is out of his control (ie, car accident, major illness, etc). Not easy to get this waiver. If his tourist visa does not have this condition, he can lodge onshore partner visa while he's here, he'll get a bridging visa A which allows work - the bridging visa is effective as soon as his tourist visa expires. Then he can stay in Australia to wait out period until partner visa decision.

If you lodge offshore partner visa application, he can apply for a tourist visa to come back to visit you while that visa is processing. Whether he'll get it and how long it will be good for will depend on his particular circumstances - these are often granted however as the applicant needs to be offshore at partner visa grant time, they'll often grant it for 3 or 6 months depending on the estimated time to process the visa application so he'll end up back offshore when they think they'll have the processing done.

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Mark Northam

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  #12 (permalink)  
Old 01-11-2013, 09:44 AM
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^Definitely can't apply for a tourist visa then lodge the application onshore, he won't get the waiver as there aren't any extenuating circumstances.

Does the process take any longer if you lodge it offshore rather than onshore?


Spoken to three different sets of friends together in three simialr situations, also with Lebanese partners/spouses/fiancees:

- One Aus friend got married in July 2011 and lived with her husband over there for 8 months. She came back in Feb 2012 and lodged partner visa and 11 months later still has not had approval. Is this normal?

- Another Aus friend met his wife in Lebanon on a holiday 2.5 years ago. He visited her twice and she visited her twice, and they got engaged on her second visit (about 15 months into relationship.) They applied for PMV and got approved in 3 weeks (!!) and they had a civil service here before having another wedding over there. Right after civil service she got her application for PR approved within a fortnight.

- A third friend is applying for a PMV for her fiance but having the wedding in Lebanon in Sept and then having her civil service here when they get approved.

I wish I knew why there was such a discrepancy in approval and waiting times for everyone. Does anyone know the current expected processing wat time for offshore processing in Lebanon?


  #13 (permalink)  
Old 01-11-2013, 09:56 AM
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Hi -

- Offshore processing times tend to be about the same in typical circumstances, however onshore processing in certain cases with low/no risk factors, perfectly prepared application, etc can go through in a matter of weeks.

- Friend #1 - Could be normal, although I would have expected a decision in late 2012. Hard to say much without seeing the application - could be external security check is slowing things down if applicant is Lebanese (not to generalise here!). Also, onshore partner visa section of DIAC has been swamped beginning in May-June 2012 with applications due to them making skilled visa applications much harder to qualify for - many turning to partner visas instead - no English requirement, etc.

- Friend #2 - that's fast processing! Onshore I assume?

- Friend #3 - interesting!

Hopefully others on the forum will chime in with Lebanon processing times - that's one of the great things about this forum - the friendly, sharing attitude that so many here have.

Best,

Mark Northam

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  #14 (permalink)  
Old 01-11-2013, 10:17 AM
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^Friend #2 - offshore actually! I was shocked when he told me. They got engaged in Aus, she went back home to Lebanon, they lodged PMV, and less than a month later.

Ah, with friend #3...they arent registering their marriage in Lebanon, from what I gather, although they are having the celebration, and then having the civil service here since they were told PMV > partner visa and guaranteed to be accepted.


Fingers crossed then, we probably will go down the offshore partner route and hope our case is solid enough. Fiance works for the govt and can't leave the country without approval and at most for 4 weeks at a time, and he wants to stay in his job for as long as possible to save $$$, so even less likely that he will come here on a tourist visa while waiting for a decision


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Old 01-11-2013, 11:59 AM
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I have another question/concern which has just been raised.


Last edited by illegallyblonde; 04-10-2013 at 06:38 AM.

  #16 (permalink)  
Old 01-11-2013, 12:09 PM
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Hi -

Chances are that DIAC won't pick it up, but regardless, it was a bad idea on your agent's part. Inconsistent information on multiple forms that is not explained by the passage of time can be an issue later on. If your agent is registered (hope so), he/she might be reminded of these sections of the MARA Code of Conduct, breaches of which can be cause for losing one's license:

2.9 A registered migration agent must not make statements in support of an
application under the Migration Act or Migration Regulations, or encourage the making of statements, which he or she knows or believes to be misleading or inaccurate.

2.9A In communicating with, or otherwise providing information to, the Authority, a registered migration agent must not mislead or deceive the Authority, whether directly or by withholding relevant information.


If your agent is unregistered (with MARA), then there's little that can be done, but in either case, if an issue comes up, blaming the agent won't count for much with DIAC if you were the one that signed the document. I don't mean to alarm you here - it's more of a big picture thing. The potential hassles of including inaccurate information of a material nature are just not worth whatever perceived benefit there might be, in my opinion. And materiality is also an issue - looking back at some previous posts on this thread, if you got a step-sibling's date of birth wrong, would it be material to the visa application? Probably not. But material about an applicant or sponsor can be a different issue.

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  #17 (permalink)  
Old 01-20-2013, 06:56 AM
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Hi again, I have another question.

Is it possible to change which visa we are applying for mid-way through an application? If we apply for a PMV from now, and then get married in 7 months time overseas before the PMV is approved, can we then change the PMV application over to a partner application? And If so, does it pick up from where it left off or does the entire timeline and waiting period start from scratch again?

Is it detrimental to do this, as well - will it affect our case or throw suspicion or anything like that?


  #18 (permalink)  
Old 01-20-2013, 07:35 AM
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Generally it is possible to withdraw a visa application without penalty at any time prior to a decision being made by DIAC on that visa. Generally visa withdrawals do not specifically count against a person, and certainly do not have the negative affect of a refusal or cancellation.

Withdrawal requests should be made to the processing unit where your application is being processed, and must be in writing or by email. Make sure you get an acknowledgement if/when you do this. Also keep in mind that if you are currently on a bridging visa (that has activated), the withdrawal of a substantive visa application will result in the associated bridging visa expiring 28 days after you've withdrawn the visa application associated with that bridging visa.

I do not know of any way to change a pending application for one visa type to another while processing - the forms and requirements are different and it creates a legal mess. There are provisions within the skilled visa class to change (ie, from subclass 189 to 190) after application, but generally you need to make a new application for a visa if you want to change your visa in any way (ie, get a new visa to replace the one you've applied for or are on now). ** See further post below re: special provision for SC300 PMV **

Hope this helps!

Best,

Mark Northam

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Last edited by MarkNortham; 01-20-2013 at 09:50 AM.

  #19 (permalink)  
Old 01-20-2013, 09:38 AM
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I'm a bit confused, it's for an offshore visa and he will still be offshore (no bridging visa required).

I don't want to withdraw the PMV, but I read in this post here by another member that says you can get marrried overseas before the PMV is granted. Is this right?


  #20 (permalink)  
Old 01-20-2013, 09:53 AM
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Hi -

Sorry for the confusion - was commenting generally on bridging visas and visa withdrawal.

The PMV regs (Reg 2.08E(2) specifically) have a special clause where if you marry after the PMV application was lodged, but before the PMV decision was made, you are automatically taken to have applied for an offshore Partner Visa on the day DIAC was notified of your marriage. If you do exercise this option, it will be important for you to notify DIAC and work out with them the additional information they'll need to continue processing your application.

As to whether this will reset the clock on processing, I don't have a good answer for that, other than to say that the same forms (40SP, 47SP, 80 on request) are required for the partner visa application, however the focus of the relationship requirements is different as has been discussed here.

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