Partner Visa - Waiver of the 2 year waiting period

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Partner Visa - Waiver of the 2 year waiting period


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Old 11-13-2010, 11:50 AM
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Partner Visa - Waiver of the 2 year waiting period

Hi all,

we are about the apply for our partner visa. We have waited for years to do that so that I would be able to qualify for a permanent visa without having to wait for two years.

It is not so clear to me under which circumstances that 2 year waiting period can be waived. According to the website, a permanent visa may be issued straight away if you have been in a defacto relationship for 3 years or longer. What does that mean? Will it always be issued if you can provide sufficient evidence that this is the case? Will it depend on whether the CO has a good day or not? Whether he/she likes your face It just seems to unpredictable.

I am asking because it is very important to us to get residency straight away (I am applying for a university course and we would not be able to pay for international tuition, which I would have to pay during the waiting period). If, for what reason ever, we will not get PR, we might as well save the application fee and stay where we are.

We have been together for 7 years, in a defacto relationship (as in living together, joint accounts) for 4 years, and married for 2. Currently, we live in Germany.


Has anyone else been in the same situation and was granted PR straight away?

Thanks, Lisa


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Old 11-13-2010, 03:49 PM
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I am curious to see answers on this as well. Me and my American wife have been living in the US for the last 8 years. I am also curious as to other couples with similar marriage or defacto time periods if the 2 year wait for PR'cy to kick in is would likely to be waived.

Lisa, I am reasonably confident that our individual circumstances would be pretty straight forward, but one can never be 100%.


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Old 11-13-2010, 04:29 PM
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One recent post indicated a partner received a PR but that was because of them having a child together and more than a two year relationship.
I think there has been at least one other applicant who has posted about getting PR because of a long term relationship.
It has not been a common occurrence as a lot of applicants are looking to see how they can usually just get TR with a borderline 12 months.
I think it is something of a slight on COs generally about them having a bad day or not taking to your looks but approach an interview with a bad attitude and it could make all the difference, a bit like dealing with any bureacracy officials.
There is never a guarantee on any visa application and that goes for getting it in a particular format but if your application was sound I would think asking about PR in an enquiring light polite way rather than in it is my right type of tone would be the best approach.





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Old 11-14-2010, 12:20 AM
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So do you think it would be worth for me and for pm to include a cover letter explaining that we would like to be considered for PR, and explaining our circumstances? Or would that annoy the CO because it looks like we are not trusting him to make the right decision?

I heard that it is easier if you have a child together. We did have two children together, but they were stillborn - I am very undecided about whether to include this information or not.


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Old 11-14-2010, 01:33 AM
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I am sorry for what has happened with your births Lisa, a horrible and tragic experience and one that those not having experienced not really able to appreciate just how bad it would have been.
I hope I didn't cause renewed pain about having a child and maybe you already had seen the thread by DesdeBsAs - http://www.australiaforum.com/visas-...y-granted.html
She used the words of a " covering letter outlining the situation to see if the applicant would be considered for PR " and you can see my words re making it an enquiring cover letter.
There is always going to be some risk of how a CO may react and that could even vary from country to country as there are nationals employed as COs of countries where applications are made and I know many years ago my wife had a certain impression of a CO from her country when we submitted an application and we were not even seeking PR, but all did turn out OK in the end.
To avoid any chance of putting a CO offside, I'd still go with the light enquiring cover letter, eg.
. you have seen the reference on the Immi site but no reference in the application form hence your letter and attaching that to the Checklist would to me be a subtle approach.
. and yes, at further risk of pain to you, if your babies were still recorded and you have birth/death certificates or even if not, you could mention that you have not included your babies in the application.
I have not read an application closely but I would think children details are usually only asked for as dependents but do read the application closely for it may be that they do need to be included.
I would not put in your letter that you are asking for any particular reason, like study costs for instance.
So I hope that helps you and if there is a chance, maybe the Australian climate could still allow you a family.





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Old 11-14-2010, 06:09 AM
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Thanks a lot for the reply.

I was not going to mention the babies in the application, they didn't have death certificates because the pregnancy was not far enough advanced. I'm not sure whether mentioning it would add strength to our application, or whether it could backfire. Pregnancy complications are a health issue after all, and we might have to start fertility treatment. I might have to mention it during the medical and I'm a bit worried.


Quote:
Originally Posted by Wanderer View Post
I would not put in your letter that you are asking for any particular reason, like study costs for instance.
So you don't think I should mention it? I might mention my plans to study in the essay explaining our relationship though.

Another question: if we submit all the evidence and still will only be granted the temporary visa, will there be an official way to appeal that decision? In my opinion, there isn't because no applicant has the right to automatic PR, but I'd like to hear opinions on it.


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Old 11-14-2010, 12:31 PM
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I do not know of there being an appeal situation to get PR instead of TR and rather than the normal sort of an appeal where a visa has been refused, it may be that actually asking for the PR at that stage would be appropriate but being positive in the first instance may see you get PR anyway.
I would suggest you give no mention to your study plans and that is why you want PR because it is not really relevant and you could get a CO reacting to the intention.
Like they might think " bloody hell, the cheek, they just want PR so as to get cheaper education! "





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Old 02-26-2011, 11:26 PM
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Hi All,
I have just received visa 309 first stage, TR. I have a son and daughter for whom I am now gong to apply for the same visa as they are dependents. My son is already at sydney uni paying int fees. I would like to be sure as to when he would qualify as a domestic student. Not HECS or any other government sponsorship, but just lower domestic fees.My daughter intends to start uni next year, 2012. I am entitled to medicare. through the 309 visa. I am sure there must be a way. Any advise please???


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Old 02-26-2011, 11:51 PM
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Hi.I just wanted to share about my experience.Wanderer was right when he said to include a cover letter subtly inquiring.My agent has intimated that I am qualified for PR and quoted some laws because we have been in a de facto relationship for almost four years.
However, when the CO interviewed me, she indicated that to be considered for PR, i should have documents/proof of the relationship from the start.I could only produce on paper(documents) of a one year relationship so the request was denied.She processed my applications for a TR.

I hope this helped a bit.


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Old 02-27-2011, 12:00 PM
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Quote:
Originally Posted by asil View Post
Hi All,
I have just received visa 309 first stage, TR. I have a son and daughter for whom I am now gong to apply for the same visa as they are dependents. My son is already at sydney uni paying int fees. I would like to be sure as to when he would qualify as a domestic student. Not HECS or any other government sponsorship, but just lower domestic fees.My daughter intends to start uni next year, 2012. I am entitled to medicare. through the 309 visa. I am sure there must be a way. Any advise please???
Well, you have kind of cocked things up a bit for yourself for it may have been easier to have included your children as undependents in the partner visa process though if you thought there could be some doubt as to your son being abroad at Uni being classed as fully dependent on you and including him putting your own visa at risk, I can understand you not doing it.
You'll still need to show that your son and daughter are fully dependent on you if 18 or more so have a good read of the Children visa eligibility requirements and Booklet #2.
Any person studying in Australia needs to have PR to be paying Australian student fees and for a person in Australia to be a sponsor, they need to be PR or a citizen so you had better have a look at that aspect too and if there is another parent abroad, that will also need to be sorted re agreement for immigration.





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