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Canadian- Applying inside or outside Australia


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Old 05-14-2009, 02:32 PM
 
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Canadian- Applying inside or outside Australia

Hi All, new to the forum so bare with me

I am Canadian and married to an Australian (7years married) with 3 kids (All Australians by decent).
We currently live in Toronto, Canada.

My husband was just offered a promotion in Brisbane. We have decided to accept it and are battling the paper work for a spouse visa. However, they want him there for the end of July!

If I apply now in Canada I'm pretty sure there is no hope for me receiving the visa in time. What are the rules for applying in Australia??
Does anyone know if I can apply in Australia on an ETA?

I'm very stressed at the moment! The idea of waiting for my visa and then flying to Australia alone with three kids under 5 is not appealing! LOL.

Any help is appreciated!


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Old 05-14-2009, 09:22 PM
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Quote:
Originally Posted by clarebare View Post
Hi All, new to the forum so bare with me

I am Canadian and married to an Australian (7years married) with 3 kids (All Australians by decent).
We currently live in Toronto, Canada.

My husband was just offered a promotion in Brisbane. We have decided to accept it and are battling the paper work for a spouse visa. However, they want him there for the end of July!

If I apply now in Canada I'm pretty sure there is no hope for me receiving the visa in time. What are the rules for applying in Australia??
Does anyone know if I can apply in Australia on an ETA?

I'm very stressed at the moment! The idea of waiting for my visa and then flying to Australia alone with three kids under 5 is not appealing! LOL.

Any help is appreciated!
Hi there!

When I applied, I was told that the average processing time is 12 - 16 weeks. If you applied now and under regular circumstances, you application could be approved by the end of July.
The thing with applying in Australia is that you need to make sure you have the appropriate visa that will span your application time. There's a pretty big unknown (at least to me) about 1. What the appropriate visa would be and 2. How long it takes applications to be processed onshore. I've heard varying reports.
Immi doesn't really like people going over on tourist visas then applying for PR visas (because you basically have to lie when you enter about just going for a vacation).

Unless applications are being processed VERY fast onshore my whole thought on the matter is that it might be quicker for you to apply offshore --- there probably aren't that many Canadians (minus me of course ) applying to move to Australia. Think of how many people there are in Australia applying to stay there - LOTS. (The same is true for Canada too actually --- it's quicker to apply to move/work in Canada outside of Canada than in).

In our experience it took a lot of concerted effort to get our application compiled and sent in - it was a lot of letters to write, things to certify, etc... No matter where you're going to apply, I'd suggest getting things in order now (long form birth certificates, passports, certified copies of your marriage certificate, stuff from the bank showing joint finances, etc).

(answering the question you left on my profile thing)
When we were filling out all of forms it was kind of my understanding that no matter what, I'd need to send in a criminal records check which is why I sent it in with my initial application. And I also didn't know if I'd need to get the CRC that involved finger prints which would've taken a long time (turns out only non-citizens of Canada need the finger print one). If you've lived anywhere besides Canada for 12 months or more I'd suggest starting to inquire about your CRC because it might take a while and in some countries you have to fight for it. A lot of people "front load" their application with their criminal records check and their medical. I personally think it's risky to do it with your medical because you don't know what you might need (just an x-ray or the whole thing) it cost me $327 to get my medical done (the full one) and it would've cost about $160 less if I didn't need blood work. I unfortunately live really far away from any panel doctors so I had to make a special (expensive) trip out to get mine done.

We found a website that helped us with our application in that they organised everything that we'd need and made a list we could check off and they gave us some advice. They didn't act as a full-on agent they just kind of organised information so it didn't seem like such an overwhelming process.

It might expedite the process if you hired a migration agent.

Anyway! If you have any other questions let me know and I'll try my best to answer them

Best of luck!


Last edited by Megera; 05-14-2009 at 09:23 PM. Reason: clarity

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Old 05-14-2009, 10:18 PM
 
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Thanks. I finally got a hold of someone from Aus consulate that could answer my questions. They also agreed with you about processing times being much shorter in Canada. It also is half the price in Canada! Go figure!!
We have actually almost finished filling out forms,certifications, etc. It's taken forever it seems!! I was just holding off on sending it until we knew what our best option was. The guy at the consulate told me it would take three months (average) which would take me into August. I may just go to Austrlia with my family on a holiday visa and then come back to get it approved and finalized. It will depend on whomever processes my case.

Keep me posted when you hear anything your end. I'm very curious if the wait times are as stated.

Good luck!


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Old 05-15-2009, 05:12 AM
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Clare,
Seems as though it could be a bit of a squeeze getting approval by end of July, there only being 11 weeks to go.

I'm not too sure where you got your cheaper pricing for doing it Off Shore from, for it shows other way on Partner Visa Charges

And to try and save any messing around with applying from Canada, coming in here on another visa and then returning for approval/granting I'd give thought to getting all your documentation finalised and a good checklist is usually in the "applying for this visa" section of any visa and if you're guided by that, shouldn't be a problem.

At the same time, if you enter on an ETA I wouldn't think you would be refused if asked at entry why here [with husband and three kids] if you say you didn't have time to process visa in Canada and are doing it in Oz.

Just for insurance, I'd use the email provision on the immi site to ask the question directly of immigration [and not the consulate, though you could] and be specific in outlining the circumstances, ie.
Husband and Aussie, three kids , move to Oz in July.


And re having it done in Oz within the three months of an ETA, one of our posters here rang for an interview appointment and more or less got her spouse visa the same day. - scroll down a bit, could have been mimster, a German woman I think. - I've linked the thread in next post.

If it looks like it would take longer, I'd think you'd be granted a bridging visa and again, ask that as a second specific question to immi.
Are you able to get the children Aussie passports while in Canada for if not they'll also need a visa to enter regardless of whether they are considered Australian by descent or not.





Last edited by Wanderer; 05-15-2009 at 05:44 AM.

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Old 05-15-2009, 05:41 AM
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Here's mimster's account of doing it in Oz:
http://www.australiaforum.com/visas-...nce-820-a.html
Ok, she had already been here a while on a 457 visa but looks like it was a breeze of about three weeks.
I'd not think they'll be too concerned with doubting your relationship in being married with three kids and with all the documentation, it ought to similarly be a breeze.





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Old 05-15-2009, 06:32 AM
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Ours took forever to fill out too! We worked on it every day for 3 months before we got everything done. We had planned to send everything in January and didn't manage to get everything ready until March. We almost didn't believe things were ready to go in the end! I was so nervous putting it in the mail since it took us SO long!

The thing with going out on a holiday visa is that the closer it takes for your case to be approved they will be wanting your passport which if you are on vacation, you won't be able to give them (and you aren't allowed to be in Australia when the visa is granted anyway).
2 weeks after I applied they requested my passport so there wasn't even a chance that I could've travelled overseas.

I'll definitely keep everyone updated


Wanderer: When I looked to apply I saw that applying in Canada was less than half the price (but maybe I'm reading the chart wrong). There are a lot of little fees that add up (mind you my visa has cost me A LOT of money with having to fly out for my medical).


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Old 05-15-2009, 10:17 AM
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Yes, I've mis-read that Chart Megera/Clare for they charge $1420 for an offshore spouse/partner, prospective marriage visa

And then though they show a second ammount for a prospective marriage visa holder to go the next step - $685 , and the other situations which include $2105 for an onshore visa if you are holding anything else other than say a 309 for your case.

It seems at face value they're prepared to forego $685 if you apply for the 309 which turns over to a 100 after two years [and I've read a clause somewhere that if you've been together for X years you do not have to wait the two years to get your PR 100 visa].
It does seem a bit odd and I'm just wondering whether immi have a hit somewhere else for that $685.

Anyways, if you do pay $685 more onshore, you'll save more than that in not needing to return to Canada if applying from there.





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Old 05-15-2009, 03:03 PM
 
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Wow, so much to think about. I will try and call Immi today, although I had a hard time when I tried before. Actually with time differnece I guess on Monday...

When I talked to the consulate they told me it takes 6 month minimum to get visa in Australia. It also says this on their website. It definitly seems worth it though if its that quick.

Thanks everyone for your help. I'll wait to see what the people in Australia say.


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Old 05-15-2009, 03:33 PM
 
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Quote:
Originally Posted by Wanderer View Post
Clare,

Are you able to get the children Aussie passports while in Canada for if not they'll also need a visa to enter regardless of whether they are considered Australian by descent or not.
Wanderer: I am actually applying for the children to have Australian citizenship by descent. I presume they get a certificate or something. Do I still need a visa? I will try and get passport once the decent thingy arrives but again time is running out...


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Old 05-15-2009, 05:34 PM
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I imagine once you get citizenship declared for the children you'll then be able to get them passports - Citizenship by descent
Looks like about 12 weeks to process that too.

I think it would have to be exceptional circumstances, something like a natural disaster, war or terrorism attack for some sort of travel document alternate to a passport to be available.

On a separate situation, I do know that the government will not issue an alternate travel document to someone who has their passport lodged with another country re getting a visa to there - actually happened with another Canadian [dual citizenship] here in Australia and wanting to depart Australia for a trip back to Canada while her Australian passport was with the British embassy in Australia - as an Australian citizen you're obliged to use your Australian passport to both depart and arrive here and soit was hoped an alternate document could be issued - Nope, no way!

So could be another reason for you all to initially come over using Canadian passports and getting a visa - at least you could get their citizenship application underway while still in Canada so they would have that prior to ETA expiring.

Re phoning immigration, it can be a real pain getting through, as per usual with government departments you get various options to hit numbers for and then likely will be on a waiting list - try and work out your time difference, about nine hours you're ahead I think on eastcoast [without daylight saving adjustment if you have it] but a day behind and so to ring right on 9am Monday, best chance of no queue, it would be 6pm Sunday in Canada east coast if I've worked it out right.

You could still try ringing the immi office in Canada - Contact Us - Department of Immigration and Citizenship and the application time they'll tell you for onshore application will be whatever they have listed on the immi site/in their procedures manual etc. - usedto be some tables retimes on the site but can't find them at moment.
The times they will refer to are their standard service times and looking back at an older annual report, 78% of applications were processed within what was their standard service time of 6.3 months.

I suggested emailing as that way you can have what you want to ask down in black and white and hopefully get an answer that way too and so there should be no chance of mis-interpreting with a phone call.





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