Leaving while waiting on visa approval?? Please help!

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Leaving while waiting on visa approval?? Please help!

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Old 01-18-2011, 03:35 AM
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Exclamation Leaving while waiting on visa approval?? Please help!

Hi all!! I submitted an offshore partner visa application in the USA in November and have since been notified that it wasn't processed until December 9th. Apparently things are going VERY slowly in the US as far as getting visas approved right now-- they say that it could take up to 12 months now and 6 months ago I was quoted maximum 5 months! I am still waiting to be assigned my CO...
My problem is that my defacto partner who's an AU citizen and both our pets are leaving next month for Oz and I was instructed by the immigration dept in Sydney that it would be perfectly fine if I went ahead and applied for a work holiday visa to go over in the mean time to visit and do a little work for my partners family. I was granted my WHV in 5 days!! Whew! Great news except on the American side the Washington DC office of immigration in the Australian embassy are now saying that I shouldn't go on a WHV because it could be putting my offshore partner visa approval in jeopardy. The AU office in Sydney as well as an immigration lawyer that my partners family spoke with said there'd be no problem that I shouldn't worry about it as long as my CO notifies me when they are closer to approving my partner visa so that I can go visit friends in NZ at that time-- why is the US saying otherwise? Isn't it the offices in AU that will be approving my visa anyway? Has anyone dealt with this situation before? Is there anything I should be worried about? Why is there such a different response from these offices?
Thanks a million!!

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Old 01-18-2011, 07:40 AM
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Offshore family visas are decided by the Immi people that are offshore and Immi also has so many staff, staff changing, being reassigned and of differing degrees of knowledge/experience etc. so that you can easily get varying views.

It is not official Immi policy that someone cannot travel while an offshore visa is being processed and that can be to any country, not just Australia though going elsewhere could have health examination issues if it was for too long to health HR countries.

But I digress and it is also not Immi policy [ or has not been in the past ] that they follow up on people who need to be in a certain place to have a visa granted though in Australia it now seems to be reasonably routine that if someone has applied for an offshore visa [ which you can even do for some while in Australia ] and they are in Australia when granting is close, they can get an email to say that they would need to be outside of Australia to have the visa granted and so please advise of travel plans.

This may have started to occur out of the goodness of some Immi people's hearts but I can understand why it has never been policy as:
. it is putting more work on Immi, the department doing thousands of visas of all types annually and the system needs to work more with the precision of a military organisation and not have people advising of being AWOL.
. if it was policy and say the process gets cocked up because a CO ends up out of action and a new CO is picking up files, perhaps a heap of less experienced people and they miss the fact that the person is not where they ought to be and attempt to grant the visa and the computer says hello, they're in Australia and the visa grant is rejected.
Immi regulations are legislated and so officers cannot change too much and so if a visa reaches rejection stage, it cannot be undone.
Thats the Danger that the Washington person is referring to
But look there's a couple of things that you could do to minimise it.
. Print of a form 1022 - http://www.immi.gov.au/allforms/pdf/1022.pdf to confirm that you will be in Australia on a W&HV and I'd send it along with an email to state:
You are aware that it is your responsibility to be out of Australia for the partner visa grant and you hope that having the Form 1022 on file will flag that a check can be made close to granting time and if an advice can be emailed to you.

That may at least have someone more senior than you have spoken to respond to it.
But bear in mind the onus is still on you.
If you have not yet done a medical examination that may work as something of a built in check for you as in being requested to do the medical examination, you could take that as an indication that granting is not too far away, so do the medical, post it off and hitail it for NZ though you may have to be away from Oz for more than a few weeks and you could finesse by waiting for a couple of weeks after posting.

Last edited by Wanderer; 01-18-2011 at 07:45 AM.

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