Info on skipping 2 year waiting period

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Info on skipping 2 year waiting period


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Old 03-18-2014, 06:10 AM
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Info on skipping 2 year waiting period

Hi,
I read somewhere (but cant remember where!) that there is the possibility of skipping the 2 year waiting period between the temp and perm residency part of the partner visa (due to having kids etc, or other evidence of serious commitment).
Im just wondering if anyone has any experience with this, or if they have heard it is true or not. should you wait until the TR is granted and then inquire? Im currently pregnant with our second child - would this make us eligible? our off shore visa is due to be approve (fingers crossed!) in about July.

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Old 03-18-2014, 06:25 AM
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I believe that you can go straight to PR if you have a longstanding relationship of at least 3 years without children, or 2 years with children prior to lodgement of the application.

So, if your relationship began 2 years before you lodged the visa, and you can provide proof, then you probably Will be eligible to go straight to PR

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I'm the Australian wife, in love with the American dream!

820 partner visa, applied onshore January 3, 2014. Approved September 8, 2014.

Sending love and light and my best wishes to all the lovebirds just trying to make their dreams come true xxxx

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Old 03-18-2014, 07:04 AM
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Thanks for that! Do you know where that information is officially located? We got married in 2010, had a baby in 2011 and applied last year so definitely fit the timeline. Do you recommend mentioning now to our case worker (based in Fiji) that we would like to go straight to PR or should we at least wait until the TR is granted!! Im assuming it will be granted!! It is supposed to be the 12 month time frame (up in October) but they said that it will likely be done by July now (in timing with when our 2nd bub is due - im not sure if they are rushing it for that, or if it is just able to be processed faster -whatever it is im not complaining!!)

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Old 03-18-2014, 07:08 AM
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Quote:
Originally Posted by jokani View Post
Thanks for that! Do you know where that information is officially located? We got married in 2010, had a baby in 2011 and applied last year so definitely fit the timeline. Do you recommend mentioning now to our case worker (based in Fiji) that we would like to go straight to PR or should we at least wait until the TR is granted!! Im assuming it will be granted!! It is supposed to be the 12 month time frame (up in October) but they said that it will likely be done by July now (in timing with when our 2nd bub is due - im not sure if they are rushing it for that, or if it is just able to be processed faster -whatever it is im not complaining!!)
Jokani - your CO automatically considers you for PR if you fit the criteria (which you do). You'll go straight to PR automatically. No need to ask or do anything differently.

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
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 03-18-2014, 12:08 PM
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Yep! They'll assess you for both the TR and PR and you'll be granted the PR automatically.

Congratulations xxxx

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__________________
I'm the Australian wife, in love with the American dream!

820 partner visa, applied onshore January 3, 2014. Approved September 8, 2014.

Sending love and light and my best wishes to all the lovebirds just trying to make their dreams come true xxxx

Last edited by Star Hunter; 03-18-2014 at 12:23 PM.

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Old 05-13-2014, 03:55 AM
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They will consider you for both TR and PR at one time when you apply for 309/100, but they may or may not grant you PR visa, it is after all their discretion. I speak from my own experience, but every case is different.

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Old 05-13-2014, 06:53 AM
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Rains, you are one of only two cases I've heard of in the 18 months I've been on this forum where you weren't correctly put through directly to PR. I really believe it was just a mistake on their part in your case. Every other case that qualified has been put directly through - it's pretty much a given unless the CO makes a mistake.

That's, of course, assuming there is adequate evidence provided to actually demonstrate 3 years marriage or defacto, or 2 years marriage/de facto with a child.

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__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
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 05-14-2014, 02:40 AM
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CollegeGirl, yes I know, I am the only two persons with a long term relationship I heard of who did not get a PR visa straight, and I have read and studied a lot on various immigration forums preparing my application. I am contacting the Brisbane Partner visa Centre to clarify things. I really hope it was a mistake they made and hopefully they can fix it by way of early granting of a PR visa.

Before lodging the application, I called the consulate and asked what visa type I should fill in, 309, 100, or 309/100? I was thinking of putting in 309/100, but the visa information line lady told me I should just write 309, I brought up the specific length of my relationship, and she insisted, "even couples married for 30 years put in 309. You apply for 309 and it is also 100, case officer will consider your case and decide what visa to give." So I put in 309, and that is what I got. Now I regret I did not include a cover letter to politely mention exemption. But I have read many, many cases where people with long term relationship just apply for 309 and they get 100 straight. I think I am just the unlucky few...

Anyway, a visa is better than none. I am on the right track and I will keep positive and carry it through.

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Old 05-30-2014, 02:14 PM
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CollegeGirl, you are absolutely right! Now after sending in an email to the Partner Processing Centre in Brisbane explaining my situation, they sent me a visa grant letter! No further question asked, they just sent me the visa granting letter for a 100 visa 15 days after my clarification email!

I am so thrilled, so happy! The best thing is, I have just arrived Sydney yesterday on my visit, I opened the email tonight on my phone and couldn't believe it, had to have partner to open it on the computer, we read it together from the bigger screen and screamed.

For all the nice people on this forum who wrote invaluble advices and tips from your own exprience, thank you, thank you, thank you! For those who are applying or waiting, just hold on to it, you will make it! Best luck to you all!

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Last edited by Rains; 05-30-2014 at 02:21 PM.

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Old 05-30-2014, 02:33 PM
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Congratulations!

Such wonderful news. So nice to know commonsense prevailed in Brisbane. You must be really excited. You will have a wonderful life together in Oz I am sure. Special thanks to College Girl too. She has helped so many of us. Very best wishes for your future happiness.


Quote:
Originally Posted by Rains View Post
CollegeGirl, you are absolutely right! Now after sending in an email to the Partner Processing Centre in Brisbane explaining my situation, they sent me a visa grant letter! No further question asked, they just sent me the visa granting letter for a 100 visa 15 days after my clarification email!

I am so thrilled, so happy! The best thing is, I have just arrived Sydney yesterday on my visit, I opened the email tonight on my phone and couldn't believe it, had to have partner to open it on the computer, we read it together from the bigger screen and screamed.

For all the nice people on this forum who wrote invaluble advices and tips from your own exprience, thank you, thank you, thank you! For those who are applying or waiting, just hold on to it, you will make it! Best luck to you all!

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