Visa time line - Family, spouse applications - Page 106

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Visa time line - Family, spouse applications - Page 106


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  #1051 (permalink)  
Old 01-27-2012, 01:31 AM
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Location: Sydney, AU
Posts: 155
Users Flag! From france

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I'm only new here and I have to admit seeing stories about the Prospective Marriage visa cheered me up a bit which I need a lot.

I have just been told by my immigration agent the best solution for my fiance and I to be together would be to apply offshore so I have to go back to France in March and apply from there.

I'm really scared it might take a long time to get approved but I guess this is the sad reality of things.

Kisskisse, your story just made my day even though I know it's not necessarily going to happen to my fiance and I. Congratulations. You clearly did the right thing!


  #1052 (permalink)  
Old 01-27-2012, 04:58 AM
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Users Flag! From netherlands

Date of application: 31 July 2011

Received acknowledgement letter: 1 August 2011

Nationality: Dutch

Visa type: 820/801

Offshore/onshore: Onshore - Sydney

Medicals submitted (yes/no): Yes

Police check submitted (yes/no): Yes - in October - the Dutch government required me to show the acknowledgement letter in order to get the Dutch police check

Date CO assigned: Not yet
Date visa granted: Not yet

I am on a student visa and unless I get the visa before the census date I will have to study another semester full time. It is very hard to find jobs whilst being on a student visa. I am so frustrated as I see that there are people who do not have a decision ready application but still get the visa fairly quickly! I e-mailed DIAC but have not heard anything yet. When I finally get a call for a job they do not want to hire me because of the visa situation and not being able to work fulltime.... :-( Soooo depressing!!!!


  #1053 (permalink)  
Old 01-27-2012, 05:56 AM
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When we applied for a spouse visa we also applied to have my husbands student visa cancelled. Because they have a big backlog of cancellations my husbands cancellation was not a priority and it took them 4 months to cancel it, well they actual granted our spouse visa first so there was no need for the cancellation in the end.

During that time he was still allowed to work 20hrs per week but he did not have to study. The only downside was that he couldn't travel because he didn't have a valid COE.

Normally what happens is you get put on a bridging visa e after they cancel the student visa. This bridging visa has no work or travel rights but we intended to apply to have the work restriction removed.

So it may be an option for you after this course is finished if you don't want to study anymore.

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  #1054 (permalink)  
Old 01-27-2012, 06:04 AM
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Quote:
Originally Posted by whatnext View Post
When we applied for a spouse visa we also applied to have my husbands student visa cancelled. Because they have a big backlog of cancellations my husbands cancellation was not a priority and it took them 4 months to cancel it, well they actual granted our spouse visa first so there was no need for the cancellation in the end.

During that time he was still allowed to work 20hrs per week but he did not have to study. The only downside was that he couldn't travel because he didn't have a valid COE.

Normally what happens is you get put on a bridging visa e after they cancel the student visa. This bridging visa has no work or travel rights but we intended to apply to have the work restriction removed.

So it may be an option for you after this course is finished if you don't want to study anymore.
Thanks whatnext. I have done some research as to under what circumstances I could withdraw my student visa, but indeed the no travel condition on the bridging visa E is a problem. If something happens with my family at home and I would have to travel back for whatever reason that is not possible. At the moment the main problem is that there are almost no jobs for 20 hours or less a week, well at least not in the sector I study in. So if that condition does not change either there is not much use for me to withdraw the student visa... And wow 4 months backlog to cancel the student visa that is so long!!!! By that time it would be 10 months since I have applied for the spouse visa.....

I emailed DIAC and explained my circumstances, but not sure whether it would actually help, I'm afraid not :-(


  #1055 (permalink)  
Old 01-27-2012, 06:48 AM
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We did it for financial reasons. To continue studying it would have cost us almost $5000 and even if my husband couldn't work the cost of the course outwayed what he was earning so it was better for us for him to not study even if it meant he couldn't work. Luckily it did take them so long as he was able to keep working 20 hrs/ week but he didn't have to study.

Unfortunately the only guarantee of you getting full time work is having the partner visa approved.

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  #1056 (permalink)  
Old 01-29-2012, 02:01 PM
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Quote:
Originally Posted by spekkie View Post
Thanks whatnext. I have done some research as to under what circumstances I could withdraw my student visa, but indeed the no travel condition on the bridging visa E is a problem. If something happens with my family at home and I would have to travel back for whatever reason that is not possible. At the moment the main problem is that there are almost no jobs for 20 hours or less a week, well at least not in the sector I study in. So if that condition does not change either there is not much use for me to withdraw the student visa... And wow 4 months backlog to cancel the student visa that is so long!!!! By that time it would be 10 months since I have applied for the spouse visa.....

I emailed DIAC and explained my circumstances, but not sure whether it would actually help, I'm afraid not :-(
Just for your information that I'm also on student visa and have been waiting for a partner visa for 12 months. I also have problems with looking for job but DIAC doesn't accept my claims, but, who knows you might receive a different response!


  #1057 (permalink)  
Old 01-29-2012, 02:06 PM
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They won't remove work restrictions from a student visa but do for a bridging visa.

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  #1058 (permalink)  
Old 01-30-2012, 03:34 AM
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Quote:
Originally Posted by whatnext View Post
They won't remove work restrictions from a student visa but do for a bridging visa.
Yes I know they cannot remove the work restrictions from the student visa, so frustrating!

Namthanh I know that must be so frustrating for you as well! 12 months is such a long time!

I emailed them and they did not even answer my question whether all the documents that are required have been received by them. Just a copy and paste response saying my application was not complete when I applied (true, but only because the Dutch government did not want to give the police check without the evidence that I applied for the visa) and that I will get a case officer in July!! That would be a year from applying.

Also they guaranteed that they process everyone in the order of receiving the applications. Looking at this forum that is not true, heaps of people have been allocated a case officer even when their application was not decision ready at the date of applying.

The only other thing I can think of is apply to have my student visa revoked. But if this takes 4 months (like in the case of whatnext) then I have already paid my fees for university and you cannot get the money back anymore. Also on a bridging visa E you cannot study or work, so you would have to stop studying, even if you have already paid for that semester and are halfway through the semester? I don't know what else to do.... So sad!!!!!


  #1059 (permalink)  
Old 01-30-2012, 03:37 AM
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Quote:
Originally Posted by whatnext View Post
They won't remove work restrictions from a student visa but do for a bridging visa.
I suppose it only COULD remove work restrictions from a bridging visa. It depends on 'case by case' basis.

@whatnext: how can you check immigration status by VEVO. It requests me to provide TRN but Partner visa applicant can't have one!


  #1060 (permalink)  
Old 01-30-2012, 03:41 AM
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Quote:
Originally Posted by namthanh View Post
I suppose it only COULD remove work restrictions from a bridging visa. It depends on 'case by case' basis.

@whatnext: how can you check immigration status by VEVO. It requests me to provide TRN but Partner visa applicant can't have one!
namthanh I check VEVO with the TRN from my student visa, but I am not sure if this is the right way to do it... You could ask for a password over the phone and then login with that password


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