PMV and 309 Timeline for Washington, D.C. - Page 321

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PMV and 309 Timeline for Washington, D.C. - Page 321


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  #3201 (permalink)  
Old 11-22-2018, 02:03 AM
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Quote:
Originally Posted by nyctombe View Post
Absolutely. However, from the posts in the Facebook partner visa groups, it’s kind of shocking to how many people push their luck with this.

There are many couples who have been together for ~3 months, registering their relationships DeFacto to get “more time” on their WHV, and slowing it down for seriously committed couples. It’s incredibly frustrating, to say the least.
What makes you think they are not seriously committed? If their evidence is not in order - their visa will be refused - and the relevant public interest criterion will apply if it was an application lacking in integrity.

Just to add to this, this MARA agency quotes a visa refusal (Nov 2017 post) stating:

"In a recent case from the Department of Immigration, the decision-maker said (and I quote): “I give little weight to a registration of relationship certificate given how easy it is to obtain”. In this case, one party was not in the country when the relationship was registered. However, they registered their relationship nonetheless."

Source: https://www.freedommigration.com/wha...a-application/

There is plenty of autonomy for the delegate to determine the genuine/continuing element of a relationship even if you meet the "de facto" relationship threshold according to the migration regulation.

Quote:
Originally Posted by Pyrite View Post
I had wondered about that. I also wondered if how long you had been together was also a factor but it doesn't seem like it? At least not for 309 & 820 visas.
According to the Migration Regulations 1994 (Reg 1.09A - MIGRATION REGULATIONS 1994 - REG 1.09A De facto partner and de facto relationship)

Under the nature of the persons' commitment to each other section, the duration of the relationship and the length of time during which the persons have lived together must be considered.

According to the following guidelines: https://imgur.com/a/hTvzI19

"If 2 persons have been living together at the same address for 6 months or longer, that fact is to be taken to be strong evidence that the relationship is genuine and continuing, but a relationship of shorter duration is not to be taken not to be genuine and continuing only for that reason".

Quote:
Originally Posted by nyctombe View Post
Good point. I think it’s just really infuriating to see couples who prematurely file - the visa is for serious couples, not casually dating couples after a matter of months. Just have to not stress it (and ignore the insanity of the Facebook groups!)
I met my partner in January 2018, de-facto in early October 2018, and have added her to my pending 190 visa application in November 2018 - did I file it prematurely? The delegate will decide.

Are we in a genuine and continuing relationship to the exclusion of all others? Yes we are.

As Skybluebrewer said couples are simply following the pathways that exist out of current processes.

Personally I'm glad there isn't a hard and fast rule (like say smoking being illegal below X age). After having poured through AAT decisions around partner visas - as a private citizen I have confidence in the system to determine whether a relationship as defined by the relevant visa subclass is legit based on evidence provided.

__________________
190 ACT | ANZSCO 411711 | 75+5

ACWA skills assessment completed 15 Jun 18
ACT nomination lodged 20 Jun 18
ACT nomination 21 Aug 18
190 lodged 21 Aug 18
Added de facto via Form 1436 12 Nov 18
De facto added by CO 14 Nov 18
CO contact de facto medical/functional english 1 Dec 18
Responded to CO 6 Dec 18
CO contact de facto functional english (already provided) 22 Feb 19
Responded to CO 25 Feb 19

Grant 4 Mar 19

Happy to share my experience with ACWA, ACT, SG PCC, Form 1436.

Last edited by PrettyIsotonic; 11-22-2018 at 02:05 AM.

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  #3202 (permalink)  
Old 11-22-2018, 10:08 AM
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Quote:
Originally Posted by nyctombe View Post
Good point. I think it’s just really infuriating to see couples who prematurely file - the visa is for serious couples, not casually dating couples after a matter of months. Just have to not stress it (and ignore the insanity of the Facebook groups!)
I can see that, although people tend to move in relationships at different speeds. I know people who have gotten engaged and married within a year or two years of meeting (not to mention those who get married within months or weeks of meeting) which I consider too fast and would never do myself. But they are considered a serious couple by themselves and the eyes of the law and because of that, I think as long as they are legitimate couples, they should be able to apply for any visa they wish, and I think de facto couples should be viewed the same.

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Country: USA
Applied [PMV 300]: 3rd April 2018
Approved [PMV 300]: 5th Feb 2019
Applied [PV 820]: 21st Oct 2019

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  #3203 (permalink)  
Old 11-23-2018, 09:21 PM
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Hi. I am new to this forum, and was wondering if someone could help with a couple of questions I have.

I am a USA Citizen. My husband is an Australian Citizen (and also has USA Citizenship), and we got married in 1999. We moved to Virginia, USA in 2002, and have lived here ever since. I applied for my 309/100 visa on 21 Jan 2018. I am about to go do my medical exam and FBI/police checks, however I am still a little confused about what it is exactly that my husband and I need to do in regards to the police & FBI checks.

From what I understand, I (the applicant) will need to get a “FBI Identity History Summary” issued by the FBI or an approved channeler. AND I also need to get a Virginia “State Police Clearance”. I am pretty confident I understand what is required for the FBI check, and I will be using a channeler for that. However, I am little unsure what a “State Police Clearance” is – I assume this is a Criminal History Record Check – but is it the one that requires fingerprints or no fingerprints? Also, I am not sure if my husband (the sponsor) also needs to get either the FBI and/or VA Criminal Check completed or not.

Any clarification or advise anyone can provide is greatly appreciated.


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  #3204 (permalink)  
Old 11-23-2018, 09:38 PM
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Quote:
Originally Posted by Kayj View Post
Hi. I am new to this forum, and was wondering if someone could help with a couple of questions I have.

I am a USA Citizen. My husband is an Australian Citizen (and also has USA Citizenship), and we got married in 1999. We moved to Virginia, USA in 2002, and have lived here ever since. I applied for my 309/100 visa on 21 Jan 2018. I am about to go do my medical exam and FBI/police checks, however I am still a little confused about what it is exactly that my husband and I need to do in regards to the police & FBI checks.

From what I understand, I (the applicant) will need to get a “FBI Identity History Summary” issued by the FBI or an approved channeler. AND I also need to get a Virginia “State Police Clearance”. I am pretty confident I understand what is required for the FBI check, and I will be using a channeler for that. However, I am little unsure what a “State Police Clearance” is – I assume this is a Criminal History Record Check – but is it the one that requires fingerprints or no fingerprints? Also, I am not sure if my husband (the sponsor) also needs to get either the FBI and/or VA Criminal Check completed or not.

Any clarification or advise anyone can provide is greatly appreciated.
For the Sponsor
-"an Australian police certificate. We only accept complete disclosure National Police Certificates issued byt the Australian Federal Police. We don't accept standard disclosure certificates or national police certificates issued by Australian state or territory police"
-"a police certificate from every country where you spent a total of 12 months or more in the last 10 years since you turned 16"

So I'd assume the Sponsor needs the AFP check regardless and also an FBI check. Unsure about the state police check. If it were my application I'd probably be proactive and supply one if it was inexpensive anyways.

For the state police checks we supplied name checks only (no fingerprints)


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  #3205 (permalink)  
Old 11-23-2018, 10:43 PM
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State police check will depend on your state. I could do just a name check with my SSN and that was accepted. Other states only offer fingerprint background checks.


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  #3206 (permalink)  
Old 11-24-2018, 01:30 AM
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Quote:
Originally Posted by Kayj View Post
Hi. I am new to this forum, and was wondering if someone could help with a couple of questions I have.

I am a USA Citizen. My husband is an Australian Citizen (and also has USA Citizenship), and we got married in 1999. We moved to Virginia, USA in 2002, and have lived here ever since. I applied for my 309/100 visa on 21 Jan 2018. I am about to go do my medical exam and FBI/police checks, however I am still a little confused about what it is exactly that my husband and I need to do in regards to the police & FBI checks.

From what I understand, I (the applicant) will need to get a “FBI Identity History Summary” issued by the FBI or an approved channeler. AND I also need to get a Virginia “State Police Clearance”. I am pretty confident I understand what is required for the FBI check, and I will be using a channeler for that. However, I am little unsure what a “State Police Clearance” is – I assume this is a Criminal History Record Check – but is it the one that requires fingerprints or no fingerprints? Also, I am not sure if my husband (the sponsor) also needs to get either the FBI and/or VA Criminal Check completed or not.

Any clarification or advise anyone can provide is greatly appreciated.
My husband and I, on the prompt from our lawyer, both provided FBI and NY state checks. We had to get fingerprinted for both, but it was super easy as we were able to get them both done at the same time on a quick trip to the channelers office.


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  #3207 (permalink)  
Old 11-26-2018, 11:05 PM
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Hey. We have so frustratingly not heard anything back from our CO even though we submitted our additional info well over a month ago. We are getting close to the 90%/17 month mark and I realized I actually don’t know who to contact once we get there. Does anyone know what we do?


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  #3208 (permalink)  
Old 11-27-2018, 12:22 AM
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Quote:
Originally Posted by Kjmag View Post
Hey. We have so frustratingly not heard anything back from our CO even though we submitted our additional info well over a month ago. We are getting close to the 90%/17 month mark and I realized I actually don’t know who to contact once we get there. Does anyone know what we do?
You wait. It's a marathon, not a sprint.

That's shitty advice, I know, but it's about all you can do. There are others who have been waiting longer (albeit from different locations) and all you can do is wait.

__________________
309/100 Visa Timeline:

Applied 309: 12/02/2018, in Canada.
Visa Granted: 20/03/2018.
Applied 100: 29/06/2020, eligible 12/01/2020.
RFI: 02/07/2020.
RFI Uploaded: 06/07/2020.
Visa Granted: 16/07/2020.

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  #3209 (permalink)  
Old 11-27-2018, 05:34 AM
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Quote:
Originally Posted by Eh? View Post
You wait. It's a marathon, not a sprint.

That's shitty advice, I know, but it's about all you can do. There are others who have been waiting longer (albeit from different locations) and all you can do is wait.
No we were told that all applicants can contact them once you are beyond the 90% mark that is provided. Has anyone else heard that?


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  #3210 (permalink)  
Old 11-27-2018, 06:07 AM
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Quote:
Originally Posted by Kjmag View Post
Quote:
Originally Posted by Eh? View Post
You wait. It's a marathon, not a sprint.

That's shitty advice, I know, but it's about all you can do. There are others who have been waiting longer (albeit from different locations) and all you can do is wait.
No we were told that all applicants can contact them once you are beyond the 90% mark that is provided. Has anyone else heard that?
There were prior comments on this site about an ombudsman by I don’t know what that process is. At minimum I would contact your local representative. Sorry you haven’t heard anything yet.


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