Sponsored spouse visa - time frames

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Sponsored spouse visa - time frames


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Old 06-11-2010, 08:23 PM
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Sponsored spouse visa - time frames

Hello everybody,

First of all, let me say I was very happy to find out about this forum. especially because I finally realize that my "special" case is not that special and many people deal with the same questions like me.

My situation is as follows:
I am an Israeli, and already been granted a permanent residency visa as a skilled migrant.
My girlfriend is Chilean and we currently live together in Chile, while I am planning to come to Australia to activate my visa. We would like to get married as soon as we can (I cannot get married before entering Australia first, due to my visa conditions).
I really would like my girlfriend to join me to Australia, but she isn't eligible for a worker's visa.
We have been advised to apply for a "prospective marriage" visa AFTER I get to Australia (cannot do it before because I am not considered a resident before I enter Australia). The major problem about this kind of visa is the long process time. It says that the average process time is about 6 months. We do not want to be away from each other for that long.
Our other option, obviously, is for my girlfriend to apply for a tourist visa. Of course, she wouldn't be able to work, but she could use a vacation anyway At this time we could get married finally in Australia.
HOWEVER, there is also the infamous condition 8503 "No further stay", which she might get on her tourist visa, and then it means that even if we get married, she would have to leave the country again before applying for a spouse visa.

My question is, what is usually the time frame for processing of a spouse visa application (first stage - temporary)? what are our options? (If doesn't usually take more than a month or two, we could use this opportunity to leave to NZ and come back after the visa has been approved...

Thank you so much in advance for your help,
Dudy


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Old 06-12-2010, 12:29 AM
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Quote:
Originally Posted by Dude31 View Post
Hello everybody,

First of all, let me say I was very happy to find out about this forum. especially because I finally realize that my "special" case is not that special and many people deal with the same questions like me.

My situation is as follows:
I am an Israeli, and already been granted a permanent residency visa as a skilled migrant.
My girlfriend is Chilean and we currently live together in Chile, while I am planning to come to Australia to activate my visa. We would like to get married as soon as we can (I cannot get married before entering Australia first, due to my visa conditions).
I really would like my girlfriend to join me to Australia, but she isn't eligible for a worker's visa.
We have been advised to apply for a "prospective marriage" visa AFTER I get to Australia (cannot do it before because I am not considered a resident before I enter Australia). The major problem about this kind of visa is the long process time. It says that the average process time is about 6 months. We do not want to be away from each other for that long.
Our other option, obviously, is for my girlfriend to apply for a tourist visa. Of course, she wouldn't be able to work, but she could use a vacation anyway At this time we could get married finally in Australia.
HOWEVER, there is also the infamous condition 8503 "No further stay", which she might get on her tourist visa, and then it means that even if we get married, she would have to leave the country again before applying for a spouse visa.

My question is, what is usually the time frame for processing of a spouse visa application (first stage - temporary)? what are our options? (If doesn't usually take more than a month or two, we could use this opportunity to leave to NZ and come back after the visa has been approved...

Thank you so much in advance for your help,
Dudy
They have actually put a condition on your PR visa have they that you cannot get married until after first entry to Australia?
!, most unusual I would have thought for even in getting married before you entered, it still does not give an entry right to a wife, a partner visa still needing to be applied for even if you do have to enter and validate the visa before the partner visa application can be made.

I'd say the chance of an 8503 on the tourist visa is quite definitely less and then it may not even be guaranteed your partner would get a tourist visa for Immi have procedures based on historical data re overstayers etc. against which applications are considered.

I would double check about the getting married condition and see whether you've not confused it with not being able to submit a partner visa until you have travelled to Australia.

As to processing/granting, all visas are different in that applicants need to show in the first instance that they meet eligibility requirements and then it'll be how well you do that, ie. evidence of relationship and a good clear presentation that'll be just one factor in determining time for processing so it is not really possible to say it'll take two months or nine months.

You could try it the tourist/marriage/NZ route but be possibly messed about in that even if you got as far as getting married, you would need to leave for NZ with a return date to Australia before the Oz tourist visa ran out and then if the partner visa was not processed before legal stay period in NZ was reached, you've potentially got further problems.
Might be easier in long run to get all your evidence together now and see how it stacks up so you're prepared for a PMV to be submitted on your arrival here.
You'll also need to look at the Assurance of Support requirements for if you do not have a job here, no income and no established residence, it'll be likely you'll need an AoS.





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Old 06-12-2010, 10:51 PM
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some more details

Quote:
Originally Posted by Wanderer View Post
They have actually put a condition on your PR visa have they that you cannot get married until after first entry to Australia?
!, most unusual I would have thought for even in getting married before you entered, it still does not give an entry right to a wife, a partner visa still needing to be applied for even if you do have to enter and validate the visa before the partner visa application can be made.

I'd say the chance of an 8503 on the tourist visa is quite definitely less and then it may not even be guaranteed your partner would get a tourist visa for Immi have procedures based on historical data re overstayers etc. against which applications are considered.

I would double check about the getting married condition and see whether you've not confused it with not being able to submit a partner visa until you have travelled to Australia.

As to processing/granting, all visas are different in that applicants need to show in the first instance that they meet eligibility requirements and then it'll be how well you do that, ie. evidence of relationship and a good clear presentation that'll be just one factor in determining time for processing so it is not really possible to say it'll take two months or nine months.

You could try it the tourist/marriage/NZ route but be possibly messed about in that even if you got as far as getting married, you would need to leave for NZ with a return date to Australia before the Oz tourist visa ran out and then if the partner visa was not processed before legal stay period in NZ was reached, you've potentially got further problems.
Might be easier in long run to get all your evidence together now and see how it stacks up so you're prepared for a PMV to be submitted on your arrival here.
You'll also need to look at the Assurance of Support requirements for if you do not have a job here, no income and no established residence, it'll be likely you'll need an AoS.
Thanks Wanderer for your quick reply,

Some more details about my situation:
1) The "not allowed to get married before first entering Australia" condition is printed in bold letters on my visa, it's also double-checked with my case officer who gave me the PR visa. so on that case I am 100% certain.

2) The 8503 condition was printed on my tourist visa when I first entered Australia as a tourist (about 2 years ago). it wasn't there anymore when i got there the second time as a tourist. I could see it as a proof that there is always the possibility to get it in the visa. I also know that it's almost impossible to get rid of this condition. one can file a waiver application but the chances to get that waiver are close to zero, if nothing extreme has happened.

3) I am well aware of the AoS and the sponsoring terms. I am planning to get a job before we apply for partner visa. same about permanent residence place.

4) You are very right about the NZ option. it's definitely risky. That's why 8503 will mess things up so much...

However, the chances to get a PMV in less than 6 months are low. even if we send all of the paperwork ASAP. If someone here knows of a different case, which was approved in less, please let me know. anyway, that's what i've been told by the immi authorities and an immigration agent.
In addition, any information about other visa options, and timeframes, would be highly appreciated.

Thanks a lot again!
Dudy


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Old 06-13-2010, 02:41 AM
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139 likes received
Quote:
Originally Posted by Dude31 View Post
Thanks Wanderer for your quick reply,

Some more details about my situation:
1) The "not allowed to get married before first entering Australia" condition is printed in bold letters on my visa, it's also double-checked with my case officer who gave me the PR visa. so on that case I am 100% certain.

2) The 8503 condition was printed on my tourist visa when I first entered Australia as a tourist (about 2 years ago). it wasn't there anymore when i got there the second time as a tourist. I could see it as a proof that there is always the possibility to get it in the visa. I also know that it's almost impossible to get rid of this condition. one can file a waiver application but the chances to get that waiver are close to zero, if nothing extreme has happened.

3) I am well aware of the AoS and the sponsoring terms. I am planning to get a job before we apply for partner visa. same about permanent residence place.

4) You are very right about the NZ option. it's definitely risky. That's why 8503 will mess things up so much...

However, the chances to get a PMV in less than 6 months are low. even if we send all of the paperwork ASAP. If someone here knows of a different case, which was approved in less, please let me know. anyway, that's what i've been told by the immi authorities and an immigration agent.
In addition, any information about other visa options, and timeframes, would be highly appreciated.

Thanks a lot again!
Dudy
Depending on how much money you have to spend on the project, have you considered a student visa?
And then if in Australia with no No Further Stay restriction, if you are going to reside in ACT, NSW, Vic. or Tasmania you could look at getting a relationship registration which waives the 12 months relationship requirement for a partner visa, or alternately get married.

Have a look at a couple of recent partner visa posts for details are mentioned on a couple.
NSW ought to have their system set up in July sometime and appears it could be a little easier to comply with than in Victoria.





  #5 (permalink)  
Old 06-16-2010, 08:42 PM
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Quote:
Originally Posted by Wanderer View Post
Depending on how much money you have to spend on the project, have you considered a student visa?
And then if in Australia with no No Further Stay restriction, if you are going to reside in ACT, NSW, Vic. or Tasmania you could look at getting a relationship registration which waives the 12 months relationship requirement for a partner visa, or alternately get married.

Have a look at a couple of recent partner visa posts for details are mentioned on a couple.
NSW ought to have their system set up in July sometime and appears it could be a little easier to comply with than in Victoria.
I am sponsored by Vic, so cannot choose a different state.
and we plan to get married, so we don't need that waiver.
thanks a lot for your help!

However, again, I would like to hear some opinions about my case. especially timeframes of visa process...

Cheers!


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