Spouse Visa Re-Application: Request Advice

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Spouse Visa Re-Application: Request Advice


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Old 05-03-2014, 09:52 AM
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Spouse Visa Re-Application: Request Advice

My wife was granted a provisional partner visa in 2007. In 2009 before she was eligible to apply for the permanent partner visa, we left Australia due to a job opportunity. We did not inform immigration of the change in status. Since then I have been out of Australia and my resident return visa expired last year Sep 2013. I would like to go back to Australia and have applied for my resident return visa.

Could someone please advise if i should apply for a fresh partner application or shall i be pursuing my old partner visa application. Since we didn't inform immigration of the change in status, is there a possibility that the earlier partner visa got rejected by them and we can't re-apply now? I know i should've informed immigration earlier but i didn't. Is not information immigration of the change is status a ground for rejection now?

I now have a 3 year old daughter, which visa can i apply for her? Can the partner visa application include dependant child?

same as my partner visa application i had also applied for parent visa which we didn't pursue further. If i re-apply now should a fresh application be made. Can the visa be rejected now?

Please advise.


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Old 05-04-2014, 02:53 AM
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Wow, that's really a shame. All you had to do was inform Immigration of your new address. They would have sent her some simple paperwork to complete to verify you two were still together, you would have needed a couple of statements from friends/family, and that would have been it. With about an hour's worth of your time, she would have had PR. It wouldn't have mattered that you were out of the country when she was eligible - she could have gotten it while anywhere in the world, as long as they had your proper address to send the paperwork to.

Anyway, that's a moot point now. Since you didn't respond to the paperwork they would have sent you, they would have cancelled both her PR reassessment and her temporary visa. So yes, you will have to start all over again from scratch this time.

The only good part in all this is that, since you guys have been married for longer than 3 years now, she'll go straight to permanent residency once her visa is granted. She won't have to go through the temporary partner visa stage.

You may want to engage the help of a migration agent, however - there is a requirement for Permanent Residents sponsoring a partner to be "usually resident" in Australia, which, depending on the CO you get, can sometimes be defined as having lived in Australia for the past two years. If you can show, however, that you intend to reside permanently in Australia now, you may be able to sponsor her - but like I said, you'll need professional help to know exactly what you need to do.

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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 05-04-2014, 05:36 AM
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many thanks CollegeGirl.

Do you know if because of this situation, my partner visa application can be rejected this time on the grounds that we did not inform immigration of our changed address?

Also, I have applied for RRV, i do not meet the 2 year requirement to be in Australia out of the 5 years. I am applying on employment ties, do you know for how long will RRV be granted in such cases, is it full 5 years, 1 year or 3 months?

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Old 05-04-2014, 06:04 AM
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No, that wouldn't affect your chances of being approved this time.

I don't know enough about RRVs to be able to help you with that.

__________________
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 05-04-2014, 08:31 AM
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Edit: Never mind, Collegegirl's response is more appropriate.

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186 visa - Temporary Residence Transition stream
Granted Dec 2013

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Old 05-04-2014, 08:33 AM
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can't thank you enough for taking the time out to reply.

Two more questions, appreciate if you can advice:

1) In the partner application subclass 100, there is a question "Have you or any person in this application ever had a visa cancelled?" what should be a response to this question yes or a no, since I don't have any correspondence from the department that the earlier partner visa was cancelled.

2) We have a child now that i will be applying for a visa, I am not sure i should be adding our child's application in the same partner visa application as dependant or do i have to file a separate application for the child under dependant child visa classes?

thanks again


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Old 05-04-2014, 08:53 AM
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Mmmm, that's a good question. I think you'd have to mark "yes" for that. I think there's very little chance her visa wasn't cancelled. Do you still have the information for her visa? If you do, you can always use the VEVO system to look it up and see what the system says.

Oh, and yes - the child would be a migrating dependent on the partner visa.

__________________
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 05-04-2014, 10:37 AM
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Thanks, I had provisional visa details and checked on VEVO. Visa status is in effect. Bit confused now whether I need to apply fresh or previous application can be continued.?

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Old 05-04-2014, 10:52 AM
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It's still showing in effect? That's really surprising. Like I said - talk to a professional agent. I really doubt you can just continue with the previous PR reassessment at this point, but if her TR is somehow magically in effect (shouldn't be possible) your agent can tell you what to do next.

Dinkum likes this.
__________________
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 05-04-2014, 10:55 AM
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Because of the technical nature of your case, why don't you use the Ask Mark thread? I think he is in better position to guide about your situation.

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