How to stay together if visa isn't granted in time for move

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How to stay together if visa isn't granted in time for move


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Old 05-06-2017, 03:29 PM
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How to stay together if visa isn't granted in time for move

My online partner application (309)is in, I have almost reached my 28 day limit to submit forms, and I am still waiting on a police report (coc) from Singapore. During all this my Australian husband (also my sponsor) found out that his position start date in Australia has been moved up from end of the year to September. We currently live together with our small son in Norway. I don't think there is a chance my visa could possibly come thru before then. Any advice on what to do apart from breaking up the family and having my husband move to Australia without me or me and my son while I wait for my visa. We have been married for 10 years and we have never lived apart and I'm not sure how my 7 year old will handle daddy leaving us behind or he and daddy leaving mommy behind. My husbands company will handle the move so I will also be homeless.


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Old 05-06-2017, 04:05 PM
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There's no reason you can't apply for a visitor visa (ETA or 600) while waiting for your 309/100 to be granted. You would just advise them of your travel to Australia and once your 309 visa is ready to be granted they normally contact you and ask you to leave the country so they can grant the visa. A lot of people hop over to New Zealand for a week's holiday when they get asked to leave.

The only thing is you wouldn't be able to get a job with the visitor visa.

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Old 05-06-2017, 04:29 PM
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If you haven't been able to get the one police check the best bet is to email the CO who asked for it and say look I applied for it (attach any relevant documentation of this) and I will provide it as soon as I am able to, it seems they're usually understanding to circumstances where such things take longer to process and are out of your control.

If you're front loading your application (i.e. you weren't directly asked for it by a CO) I'm not aware (but could be wrong) of there being a limit on the time to upload documents, so just do it as soon as you're able to.

As mentioned above, you'll be able to apply for a visitor visa, as long as you inform DIBP of your travel plans. They'll send you an email saying hey you need to leave for our decision. Book a flight, email them your details, and head out. Some people get their grant that day as soon as they're out of Australia, but I think DIBP recommends you plan on being gone for a work week. Bali or NZ are good choices.

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Old 05-06-2017, 07:31 PM
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Like said above, there is no deadline for when you should get the police check in unless a CO asks for it and then you usually have 28 days to send in requested info or proof of applying.

In fact, a lot of people don't submit police checks at all after applying and wait for a CO to ask, so don't stress about not having it yet.

As for staying together, you as a US passport holder can apply for an ETA online (wait until closer to your flights to Oz as it usually has instant approval anyway and only costs A$20) and that will give you a multiple entry tourist visa with three month max stays. Just plan to leave Australia (NOT by cruise) before the three months expire and you can reenter to reset another three months. Like previously mentioned, you'll need to leave Oz when requested to be granted your visa so this option requires you to have plenty of extra money on hand to pay for those flights, accommodation, and food to leave either for grant or to renew your ETA. And you cannot work on an ETA.

I'm assuming your child has an Aussie passport?

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Old 05-07-2017, 10:55 AM
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Hi, yes the info was requested by my CO and my 28 days will end this coming week. I have submitted documentation that the Singapore police check is in process but I know there is no way it will get back to me in time. My son and Husband are both Australian citizens by descent and both hold valid Australian passports. Also I've just noticed on the checklist of documents that my CO sent she has asked for a police check from the USA. I did't think this was needed as I have not lived in the USA for more than 12 months since January 2001. Is this new? everything I have read says you only need to provide police checks for countries you have resided in for more that 12 months. Any ideas why I would get this request?


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Old 05-07-2017, 11:24 AM
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It would be counted in the ten years prior to applying, beginning with the application date. But I believe it is counted cumulatively not consecutively so add up all the time you've been in the US in the 10 years up to your app date.

It may be a mistake or they may want to make sure you didn't leave the US to escape issues. Who knows. It's not hard to get one though... as a citizen you can use an approved channeler (I used Accurate Biometrics) and get the clearance within a week of sending the required info. They only mail to US addresses (so someone could forward it to you if you want a hard copy original) or you can opt for just an email option to get your results. Costs about US $50. You'll need to send in police done ink fingerprints (you can print the proper form from their website and take it to a police station) along with your application and I believe I paid online.

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Old 05-07-2017, 11:27 AM
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Or you could attempt to get in contact with the CO (good luck) and tell them you don't believe it's required for you as you haven't been in the US since 2001 or whatever the case may be.

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Old 05-07-2017, 12:34 PM
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Did you upload that information to your ImmiAccount or actually email it to your CO? Best to send an email and say hey it's being processed (see attachment) and could you clarify about the US one in the same email (Stating, I haven't lived there in 10+ years etc).

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Old 05-16-2017, 01:20 PM
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Ok, I never mentioned the US cert because even after I added up all the holidays and visits there in the last 10 years I still did not surpass the 12 minimum. I did send an email to my CO stating that the Singapore COC was in progress and asking to let me know if there was any further documentaion needed by either myself or my sponsor/spouse. Then on my immi account I uploaded documentation to back that up. It has been well over a week since then and I have not heard anything back from my CO. That said I just checked my immi account and it now says "this application is currently being assessed" Any idea how long assessment usually takes?


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Old 05-16-2017, 06:16 PM
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Quote:
Originally Posted by girl5x5 View Post
That said I just checked my immi account and it now says "this application is currently being assessed" Any idea how long assessment usually takes?
Nope. Hopefully not long though since you've submitted requested documents.


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