Limbo in partner visa 5 years limitations

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Limbo in partner visa 5 years limitations


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Old 04-12-2017, 01:38 PM
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Post Limbo in partner visa 5 years limitations

Hello to all the good people here,

So I'm in a situation and the 5 year parter visa sponsor limitations apples in my case. It will be 5 year( I heard they count it from the day of original application lodge) on early march 2018. Should I wait until then?

We were in fact thinking of lodging application late next month or early June hopping the application won't be decided until march 2018. The application will be lodged at India and the processing time apparently is 12 months.


Is it too much of risk to take? Or it should be ok.

Your ideas, suggestions and help and input greatly appreciated.


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Old 04-13-2017, 02:28 PM
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No, you need to wait. The requirement is a *time of application* requirement, meaning 5 years must have passed *when you apply,* not by the time it's granted.

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Old 04-13-2017, 03:01 PM
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Originally Posted by GSL View Post
Hello to all the good people here,

So I'm in a situation and the 5 year parter visa sponsor limitations apples in my case. It will be 5 year( I heard they count it from the day of original application lodge) on early march 2018. Should I wait until then?

We were in fact thinking of lodging application late next month or early June hopping the application won't be decided until march 2018. The application will be lodged at India and the processing time apparently is 12 months.


Is it too much of risk to take? Or it should be ok.

Your ideas, suggestions and help and input greatly appreciated.

If i were you, i will consult a registered agent

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Old 04-13-2017, 11:06 PM
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Quote:
Originally Posted by CollegeGirl View Post
No, you need to wait. The requirement is a *time of application* requirement, meaning 5 years must have passed *when you apply,* not by the time it's granted.
This is not correct. The 5 years are counted from the application date of the first application until the decision date of the second application. However, it is important to get the timing right. If you put in the application too early , it is likely to be refused.

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Old 04-14-2017, 12:52 AM
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Originally Posted by CCMS View Post
This is not correct. The 5 years are counted from the application date of the first application until the decision date of the second application. However, it is important to get the timing right. If you put in the application too early , it is likely to be refused.

What would be the right time in your opinion? As I mentioned, it will be from Indian embassy and general processing time for 309 is 12 months from India or that's what the website says. If I apply mid June 2017, it makes 8 and half months before the limitations is over. Any suggestions please!!

Plus I don't want to wait any longer as they are some changes coming for partner visa from 1st July 2017, like need to be approved as sponsor before you can lodge the application plus no doubt the price will go up too!!


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Old 04-14-2017, 02:24 AM
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Quote:
Originally Posted by CCMS View Post
This is not correct. The 5 years are counted from the application date of the first application until the decision date of the second application. However, it is important to get the timing right. If you put in the application too early , it is likely to be refused.
Whooooops. Thanks CCMS! For some reason I thought it was another ToA requirement. THANK YOU for correcting!

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Old 04-15-2017, 02:12 AM
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Quote:
Originally Posted by GSL View Post
What would be the right time in your opinion? As I mentioned, it will be from Indian embassy and general processing time for 309 is 12 months from India or that's what the website says. If I apply mid June 2017, it makes 8 and half months before the limitations is over. Any suggestions please!!

Plus I don't want to wait any longer as they are some changes coming for partner visa from 1st July 2017, like need to be approved as sponsor before you can lodge the application plus no doubt the price will go up too!!
It is hard to say. Despite official processing times, there is nothing stopping a case officer from assessing your application straight away and refusing it, because the sponsor is still subject to the 5 year limitation.So that risk is always there and the earlier you put in the application, the higher the risk. You should clearly address the sponsorship issue in a submission as well.

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Old 06-28-2017, 06:17 PM
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Quote:
Originally Posted by GSL View Post
Hello to all the good people here,

So I'm in a situation and the 5 year parter visa sponsor limitations apples in my case. It will be 5 year( I heard they count it from the day of original application lodge) on early march 2018. Should I wait until then?

We were in fact thinking of lodging application late next month or early June hopping the application won't be decided until march 2018. The application will be lodged at India and the processing time apparently is 12 months.


Is it too much of risk to take? Or it should be ok.

Your ideas, suggestions and help and input greatly appreciated.
Hi GSL,
We are also on the same boat.My husbands 5 years sponsorship limitation will be finishing by May 2018,we have plan to lodge PR in July some time (from India).Don't know what would be the outcome as we still have 10 months to go.What about your application? Could you please update me?

Thanks in advance!!


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Old 06-29-2017, 01:46 AM
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It is hard to say. Despite official processing times, there is nothing stopping a case officer from assessing your application straight away and refusing it,
Indeed it is.

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Old 06-30-2017, 09:11 AM
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Originally Posted by wrussell View Post
Indeed it is.
Thank you Mr Russell for your response!
Would there be a chance to get visitor visa without lodging Partner visa? Unfortunately i got a TV refusal last year due to lack of reasons to go back to India. Actually I'm in a study programme but didn't mention it when TV applied as I thought that is not necessary.If there is a possibility to get TV, we can lodge PR later when we get closer to 5yrs.

Any response would be greatly appreciated, thanks!!


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