PMV 300 & 600 visa question

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PMV 300 & 600 visa question


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  #1 (permalink)  
Old 10-24-2019, 02:11 AM
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PMV 300 & 600 visa question

My Thai fiancee is in Thailand with our 2 month old son born in August in TL.
We applied for the PMV 300 02/07/18 but due to complications only submitted for final assessment 25/09/19.
After 3 months in TL, I returned to Australia last week. I have also applied for Australian by Descent for our son.

I have been told that if my partner comes to Oz on a 600 visitor visa, Immi will not grant the 300 while she is Oz.
Or if she is here maybe not even advise her to leave Oz to grant the 300.

Is this correct? Does she have to remain in TL until Immi grant the 300?
That is the only way to be together is for me to travel to TL?

I have scanned this excellent website but have conflicting information on this question.


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Old 10-24-2019, 02:47 AM
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She cannot be granted a 300 visa when she is in Australia. If she was onshore, she would need to leave the country in order for the visa to be granted.

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All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation.

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Old 10-24-2019, 02:49 AM
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Subclass 300 applicants must be outside Australia for the visa to be granted, although I know of cases where subclass 300 visas were mistakenly granted to applicants who were in Australia. As a rule delegates let applicants in Australia know that they must leave Australia long enough for the visa to be granted.

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Old 10-24-2019, 03:51 AM
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Quote:
Originally Posted by chrislane99 View Post
My Thai fiancee is in Thailand with our 2 month old son born in August in TL.
We applied for the PMV 300 02/07/18 but due to complications only submitted for final assessment 25/09/19.
After 3 months in TL, I returned to Australia last week. I have also applied for Australian by Descent for our son.

I have been told that if my partner comes to Oz on a 600 visitor visa, Immi will not grant the 300 while she is Oz.
Or if she is here maybe not even advise her to leave Oz to grant the 300.

Is this correct? Does she have to remain in TL until Immi grant the 300?
That is the only way to be together is for me to travel to TL?

I have scanned this excellent website but have conflicting information on this question.
We did the 600 visa after applying for the 300, and then waited in Australian for the 300.

When the 300 was ready for decision, we got an email stating to go offshore for the decision of the 300, with this wording:
Quote:
Circumstances applicable to grant a visa under Migration Regulation 300.411 states that an applicant must be outside Australia at time of grant. We note that you are currently in Australia on a visitor visa.

For your application to be finalised, please inform us of your expected departure date from Australia within 14 days of this letter.

Please note that failure to depart Australia within the validity of your health (date 12 months after medical) and character (date 12 months after police check) clearances may result in your repeating these requirements.
We notified them within 14 days, and left 25 days later, for a weeks holiday in Vanuatu, coming back in on the 300 visa..

Not everyone will get the visitor visa 600 while waiting for a 300 PMV.

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Old 10-24-2019, 04:12 AM
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Thanks all for your helpful replies!
It seems J&E has actioned the course I am contemplating of applying for a 600 while awaiting a 300 decision.
If 300 not granted when I return to TL in December and submit the passport application for our son with his newly acquired Citizenship certificate

My only concern would be Westley's comment
" As a rule delegates let applicants in Australia know that they must leave Australia long enough for the visa to be granted."

Do you know of circumstances in which the applicant/sponsor is not advised to leave the country and the 300 decision is suspended?


Last edited by chrislane99; 10-24-2019 at 04:15 AM.

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Old Today, 04:17 AM
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Can I ask again if anyone is aware of situations where the case officer has not contacted the applicant to advise that a PMV 300 would be granted but only if the applicant leaves Australia.

I plan to return to Thailand in December and apply for our 3 month old son's Australian passport - must be done in Thailand - now that his Citizenship by Descent has been granted - took just 32 days including queries!
If only the PMV 300 could be so fast!!

If the PMV 300 has not been granted by the time the passport comes back from Australia (3 weeks) I plan to apply for a Visitor visa for my fiancee and take my family home

Is this a risk if the PMV 300 Visa has not be granted? Will they advise my fiancee to leave and come back or possibly suspend further action until she does leave?


Last edited by chrislane99; Today at 04:22 AM.

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Old Today, 04:39 AM
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As Westley says: "As a rule delegates let applicants in Australia know that they must leave Australia long enough for the visa to be granted." You should, of course, update the immi account with the new address and contact details etc if the trip is longer than 2 weeks:

"It is policy that, if an applicant cannot satisfy the circumstances applicable to grant because of their current location, the s65 delegate should consider whether it is reasonable in the circumstances to defer making a decision. Some factors to consider are whether the applicant has, as required by s52, notified the department of changes of address of more than 14 days, and the period involved. For example, if, for an application made in Australia, the applicant has left Australia for only a few days, clearly it would be unreasonable to proceed to decide the application."

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Old Today, 05:12 AM
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Thanks Paul. I understand that with all things Visa related there is no certainty.

But my reading of your useful comment is that provided we keep the department informed of changes in circumstances then in general they would inform us if the applicant needs to go back to Thailand to allow the offshore Visa to be granted.

Is that a fair summary of my situation? I just hope our experience matches J&E's where they received an email advising them to department to activate the PMV 300.

Of course if the decision is made before I apply for the visitor visa then this will not be tested - FINGERS CROSSED!


Last edited by chrislane99; Today at 05:15 AM.

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Old Today, 05:15 AM
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Quote:
Originally Posted by chrislane99 View Post
Thanks Paul. I understand that with all things Visa related there is no certainty.

But my reading of your useful comment is that provided we keep the department informed of changes in circumstances then in general they would inform us if the applicant needs to go back to Thailand to allow the offshore Visa to be granted.

Is that a fair summary of my situation?

Of course if the decision is made before I apply for the visitor visa then this will not be tested - FINGERS CROSSED!
Yes - fair summary I think. They will of course know that she is in Australia, but you still need to go through the motions. The most important thing is that they do have the contact details correct.

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