second stage partner visa

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second stage partner visa


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Old 08-24-2013, 08:22 AM
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second stage partner visa

Hi everyone, we applied offshore for my husbands visa in 2011, it was granted in 2012, im just wondering when does the visa go from a temp to permanent, is it 2 yrs from the lodgement or 2 years from the approval?
thanks
Annie

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Old 08-24-2013, 10:55 AM
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Hi Annie -

You are eligible to apply for the 2nd stage (permanent) partner visa 2 years from the date you originally lodged the partner visa application.

Best,

Mark Northam

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Old 08-24-2013, 04:27 PM
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Hi Mark,

On the second stage (permanent) does the applicant has to submit all the documents 90 days before it reach 2 years ?


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Old 08-24-2013, 06:32 PM
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Keoni, I think that's approximately when they send you the information. Not sure what the "deadline" is though or if there is one. It could just be that you're eligible to apply for PR anytime after they send you that info and before your TR visa expires?

That makes me wonder - Mark, I know people are eligible at 2 years after 820/309 application to apply for PR - but how long are the TR visas good for if they don't? In other words, what happens if someone is granted a TR partner visa and then fails to apply for the permanent visa? We see people here all the time saying "I just realized I should have been eligible for PR a few months ago but never heard from DIAC." I'm assuming those TR visas expire a certain amount of time after they'd be eligible for PR, and then they'd be illegal if they hadn't left the country by that expiration date?

Thanks!

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Old 08-24-2013, 11:48 PM
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Good question !

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Old 08-25-2013, 12:10 AM
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There is no specific time limit on the provisional partner visa, unless it is given a specific expiration date which is printed on the visa grant. The way it usually works is that the provisional visa continues until a decision is made on the permanent visa, or until the application for the permanent partner visa is withdrawn.

Remember that when you lodge an application for a partner visa, you're apply for both the provisional and permanent visas. If you're granted the provisional visa, the permanent part of the application remains live at DIAC, but on hold, and can be processed 2 years later (after initial application) along with the additional evidence required to show that that the relationship is still intact. That's why when you apply for the permanent partner visa after holding the provisional one, you're not required to fill out forms 47sp, 40sp etc - because these forms and the original application for the permanent visa are still at DIAC and in "processing" - you're merely supplementing them with additional evidence to show that 2 years later the relationship is still intact.

If too much time passes DIAC will write to the applicant and sponsor and request the additional information required to continue processing the permanent phase. Eventually if the applicant does not provide it, the permanent part of the application will be refused, which will then end the temporary visa that the applicant holds. A great reason to keep in touch with DIAC and make sure they always have current contact information if you're a temporary partner visa holder!

Hope this helps better understand the process -

Best,

Mark Northam

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Old 08-25-2013, 12:30 AM
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Oh, okay! That makes a lot of sense! Thanks so much for explaining, Mark!

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Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 08-25-2013, 12:29 PM
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Thanks mark

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Old 08-26-2013, 01:59 AM
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Thank you Mark for detail explanation.


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Old 10-02-2013, 06:34 AM
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Hi Mark,

we applied in the USA in 2011, he was approved in Oct 2012 and its now Oct 2013 we havent received any paperwork for the second stage, so i was thinking maybe it's meant to be from the date when it was approved. if this is not the case who do we need to talk to about making it permanent.

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