Spouse and Family Visa

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Spouse and Family Visa


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Old 11-05-2010, 09:46 AM
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Spouse and Family Visa

I have been "passively" following all the interesting threads and thanks for the useful information.

I have a RRV visa which is valid to Nov 2011 and i am now planning to apply for my wife and 3 kids for a 309/100 visa. we have been married more than 5 years.

My question is as follow:

1. I understand that we may be provided with a 2 years temporary visa first then following that a 5 years permanent visa. I would like to check given my circumstances would my wife and kids be granted directly the 5 years visa.

2. as my RRV is valid only to Nov 2011, would this impact this application? or the validity of the 309/100 visa.

Thank you for your advise.

XH


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Old 11-05-2010, 10:28 PM
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When you have either been in a relationship for at least three years or have children, it is possible for a partner/dependants to be granted PR.
The area where there could be a problem is if by holding a RRV you are indicating that you have been resident outside of Australia and have not established that you are normally resident in Australia, the partner visa application could fail for being normally resident in Australia is a requirement for PRs.





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Old 11-06-2010, 01:01 AM
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Thanks Wanderer for the quick response.

The reason for us to apply for the family migration is that we will be returning to Australia together. I would appreciate if any forummers could share with us if they have similar experiences where the "sponsor" don't reside in Australia but with vaid visa during the spouse 309/100 visa application.

thanks.


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Old 11-06-2010, 02:30 AM
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Some discussion @ http://www.australiaforum.com/visas-...ur-advise.html and you can see that one person has already had a visa rejection because a person with PR had not established residence in Australia.





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Old 11-06-2010, 03:49 AM
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Once again Wanderer, thanks for the fast response.

I would like to check if this is a new requirement or as you said, the application is more strictly applied now. As i have read in other threads about spouses/partners living outside Australia and having their 309/100 granted without problems.

Once again, thanks for the advise.


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Old 11-06-2010, 01:20 PM
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Most posts about partner visas usually involve a citizen rather than someone as a PR and the regulation makes a distinct difference between the two.
As to how long that has been the situation, I've got no idea but can recall the reference has been there quite a while though I never really thought too much about it previously.
You have the choice of putting in the spouse application and see what happens and you could be lucky and have it put through for it may just be down to whether a CO/supervisors actually goes exactly by the regulation in assessing the application or you have to make arrangements to return to Australia first and establish residence before applying.





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Old 11-06-2010, 01:43 PM
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Dear Wanderer, thanks for the response.


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Old 11-13-2010, 11:10 PM
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Dear Wanderer,

I am planning to return to Australia very soon. Could you please advise if there is a requirement for certain period of residency before we could apply we could apply for the spouse visa.

thanks


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Old 11-14-2010, 12:57 AM
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No, I do not know how Immi will look at the situation as to how long you may need to have been in Australia and the other thing that could work in your favour is that you have been married a number of years and have children.
Immi do not usually give advice so much and certainly can not guarantee how a particular visa application will be considered but why not see if you can get an appointment at the nearest Immi office and/or alternately send an email to the Global feedback Unit - details under Immi Contact, explain your situation clearly and that you are aware of the PR sponsoring eligibility statement on the web site.
It also may be pertinent to state why you did not initially include them as spouse and dependents when you applied.





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Old 11-14-2010, 02:00 AM
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Thanks Wanderer for the swift response. OK, understand that there is no specific time requirement as stated in the rules, where assessment will be case by case basis.

It is a real concern for us if I need to be alone in Australia in the initial period while waiting to apply for the family.

I will check and will update the feedback.

thanks.


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