309 Spouse Offshore application

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309 Spouse Offshore application


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Old 05-20-2009, 09:55 AM
 
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Question 309 Spouse Offshore application

Hi there,
To ensure i get the right information i would like to share our situation.
I have applied for an offshore skilled migration visa. My permanent residency was filed in MAY 08 and i havent yet received any case officer. My husband is an australian citizen. we got married in dec 08 and then applied for a tourist visa to enter the country. However my tourist visa 8530 clause which is "no further stay". I can reenter before june to extend my tourist visa automatically by 6 months.
However due to slow progress of applications we decided to apply for a spouse visa. due to the clause on my tourist visa i can apply for visa only offshore..which doesnt help!
we r going overseas for 4 nites so i could re-enter australia to extend my tourist visa by 6 mnths but also apply for the spouse visa.
However we have been told today that if we apply the spouse 309 visa i will need to be in the same country when it has been granted and should be there while it is getting processed!
I plan to come back with my husband..we chose our destination coz flights were cheap..could someone advise please if there is an obligation for the applicant to live in the country where the offshore spouse visa application was lodged?
we thought we could apply and come back to australia..then when it is granted..we could go to NZ or any country ( make it into a holiday) and get my passport stamped for the spouse visa.
i hold an indonesia passport.
please advise. thanks!


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Old 05-20-2009, 08:23 PM
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I think if your passport gets stamped "No futher stay" again you're going to run into a bit of trouble. This is why on the immi website it says that if you're going to apply onshore you need to make sure that you will have an appropriate bridging visa.

If you apply onshore, you need to be onshore when it is approved (same rule if you apply offshore - you must be offshore when it is approved).

You might want to contact a migration agent or immi to see what the best course of action is.


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Old 05-21-2009, 01:59 AM
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Welcome to the forum kdhupar and you do have a particular set of circumstances.

I've got absolutely no idea why immi would not have had you a CO if you applied for a skilled migration visa, and was it a 175 or a 457 visa.
And if you lodged a 175 electronically you should be able to check on it.

I assume from what you say you are in Australia at the moment and you or get your Husband to ring immigration - 131881 - he might get put on hold waiting a bit and patience will help.

The 'no further stay condition' on your visa could as Megera says be a problem though it is just for the visa and not the passport.
I would suspect that an extension of it would not be possible and in fact you would have to apply for another visa.

I would certainly have your husband speak to immi. maybe even arange an appointment and go in and see them and ask how in fact as a married couple you can get to apply onshore if that suits you.
For in even getting another tourist visa they may well put another no stay condition on it too.

It is a bit of an anomaly that seems to work against married people for we allow partners to come in on a prospective marriage visa and get married in Australia and stay but will not allow someone already married to come in so easily.

And then to applying offshore if you have to, if it helps to be in Indonesia, easier access to documents etc. when you apply, it does not mean you have to be there for when it is granted - just offshore and NZ is OK.

I suppose the other thing that could be queried, initially with a Births, deaths and Marriages registrar is whether a second [re] marriage would be legal and if so, then check with immi re applying for a prospective marriage visa if that'll make it any easier.

I'd think that you should be able to get a clear picture of what to do from first ringing immi and then if need be, go in and see them and that'll be a lot cheaper than messing around with an agent, they not always being so helpful.





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