Waiving 2 years waiting period

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  • 1 Post By MarkNortham
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Waiving 2 years waiting period


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Old 01-20-2013, 02:19 PM
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Waiving 2 years waiting period

Is there anyway to get the 2 year waiting period waived and get the Permanent partner visa?
I have been granted the temp. Partner visa 3 months back and now being legally married for more than 2 years and having a child out of this marriage.


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Old 01-26-2013, 10:36 AM
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Any help please?


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Old 01-26-2013, 11:57 AM
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Hi -

Which provisional partner visa are you on now.... 309 or 820?

The only 2 provisions that generally exist for accelerating the grant of the 801 permanent partner visa once the 820 has been granted are if the sponsor dies or the relationship breaks down and domestic violence, etc is involved.

Also remember that generally the 2 year waiting period for the 820/801 visa begins with the date of the original application for the partner visa, not the grant date.

If you can provide more info I may be able to assist further -

Best,

Mark Northam

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Old 01-26-2013, 05:37 PM
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Dear mark,

Its provisional partner visa 309. Now, I have to enter Australia before mid of this year and by June 2014 I will be granted the permanent visa ( after 2 years of submitting my applications).

I am trying to find away to avoid entering Australia before mid of this year and travel to Australia only after getting my permanent visa.


I made a mistake as I lodged my application just 2 months before being legally married for 2 years as we have a child out of our relation. If waited after 2 years then would have been granted the PR as informed by the Australian embassy

Really appreciate your support and help


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Old 01-26-2013, 09:51 PM
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Hi -

The enter-by date (also known as the validation date) cannot be changed once your visa is granted (the 309). You can miss the entry date, however you will be in breach of your visa conditions and your visa is then liable (possible) to be canceled - you would then need to write a request to waive the enter-by date and show compelling and compassionate reasons why they should accept the waiver.

However, I would have concerns about doing this as if you're doing this just for convenience, it may indicate that you do not have a commitment to live in Australia, which could count against you. All it takes to validate the visa is to enter Australia - you don't need to stay, just get through the airport customs & immigration. Rather than put your visa in jeopardy w/a breach, etc, maybe it's simpler just to come for a very quick trip, then leave and you're validated.

As I said before, I don't know of any way to accelerate the process of getting onto the permanent phase visa short of the situations I mentioned earlier.

Best,

Mark Northam

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Old 05-13-2014, 03:17 AM
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I am in a similar situation, I got my 309 but I think maybe I can contact them and explain my relationship history and see if they can give 100 to me earlier.

My initial entry date is in October, I am going to make a trip to Sydney in June because I can't wait to visit my partner, we've been away from each other for a few months now.

I have a question for Mark: when I have made a trip (am planning for a 2-week stay in Australia) in June, does that already satisfy the initial entry? When I come back to Hong Kong, to keep my 309 visa valid, do I have to enter Australia again by Oct 2014 and stay within Australia? The reason I ask is I have many things to sort out and tie a knot to here before I properly move to Australia, I am just concerned if I have to go and stay by Oct 2014, I can't make it.


Last edited by Rains; 05-13-2014 at 03:20 AM.

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Old 05-13-2014, 03:21 AM
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Hi Rains -

If your visa has a "must enter by" date, it only means you need to enter Australia prior to this date. Once you've entered (and cleared immigration at the airport) you can then depart whenever you wish. The date mentioned is the last date to enter in order to activate the visa, but you can certainly enter any time before that.

Hope this helps -

Best,

Mark Northam

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Mark Northam
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LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz live video show: https://www.facebook.com/groups/coming2oz/

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Old 05-13-2014, 03:22 AM
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I'm not Mark, but yes - any trip into Australia counts as your initial entry and will validate your visa, regardless of how long you stay.

EDIT: Oops, Mark beat me to it.

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 05-13-2014, 03:35 AM
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Thanks to Mark and thanks to College Girl!
I am happier now as I can plan my trip(s) without the stress of "OMG do I have pack everything and sell the house by Oct!"

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