Advise on Spouse visa onshore/offshore application - Page 2

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Advise on Spouse visa onshore/offshore application - Page 2


Closed Thread
 
LinkBack Thread Tools
  #11 (permalink)  
Old 01-26-2011, 12:22 AM
Wanderer's Avatar
Senior Member
 
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
Putting in a 1022 when something changes like taking a trip from where you lodged may work and is the minimum I'd suggest anyone do but the regulations are regulations.
If you look at it from the view of various Immi people around the planet, it just becomes extra steps in the process to have their system a little more clogged and from the point of view of Immi management they being the bureaucrats they are may well say, this is the system and that is how it is supposed to work and if people want to apply for a visa they ought to be committed enough to follow through with it according to the regulations.
It is a gamble on the unknown for even with a 1022 in, the regulations are the regulations and even the most congenial of COs may forget to check or they may have been replaced, on leave or whatever and another misses the 1022 being in the file.

The Brisbane office was only closed a week or so and that only because they probably had the power to the building discconnected and they're back in action again.





  #12 (permalink)  
Old 01-26-2011, 08:20 AM
kjr kjr is offline
Active Member
 
Join Date: Oct 2010
Posts: 11
Please update your flag here .

Hi again

Well the good news is little ones BC is ready for collection, will get it today. From there its applying for her Brit passport, doing the evisa and then I guess deciding on where to apply.

I get the feeling W, from your latest comments you suggest applying onshore would be the better option (providing evisa for little one is the same as mine and has a no condition of NFS)...

Would you know anything about our medicals already being on the system? Do you think if applying onshore, they would be able to pick that up?


  #13 (permalink)  
Old 01-26-2011, 12:54 PM
Wanderer's Avatar
Senior Member
 
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
As long as you have it firmly implanted in your mind that you're just making a visit if quizzed and then once in women are renowned for changing their minds ain't they!
It'll certainly make the process more certain for you that way even if alittle longer and save you the trip out to have an offshore visa granted.

Had another recent post re offshore visas and moving to Oz so had a look at latest Immi wording and you can read my comments:
Quote:
There is however a potential trap

It is possible to apply for an offshore skilled visa while in Australia and perhaps in it being something of an anomaly, though it is not Immi policy, when that occurs and a person is in Australia on another visa, Oz Immi have been notifying people that they need to make arrangements to take their trip abroad to have the visa granted, perhaps goodwill and seeing that there are reasonably few numbers.

The Onus however is on the Applicant to be in the right place
Going back a while, there was previously a refence to perhaps having a visa rejected and that still is the case in Booklet#1 on P46 but more so for an onshore visa, there being earlier references to notifying Immi about address changes and travelling though the policy re checking prior to submitting for granting is less clear.

Thus I say potential trap for recently another poster in the US was told by the Washington Immi people that she could put her visa grant in jeopardy by travelling to Australia whilst it was being processed.
By that, it would be meant that if a check was not made on the applicants location when the visa was ready for granting and it was submitted for granting, it would be rejected because the person would be in Australia.
I am unaware of whether the granting process allows for a backward step in that situation but the general rule is if a visa application has been rejected, that's it other than making an appeal.
http://www.immi.gov.au/allforms/booklets/1127.pdf
The wording in the Booklet #1 is no clearer though it does refer to onshore visas:
Quote:
If you have applied in Australia, you must ensure that, before you travel outside
Australia, you have a visa to return. Otherwise, you may not be able to return to
Australia and, if your partner category visa application is refused while you are outside
Australia, you may not have a right of review.

That may be because offshore family visas do get determined by offshore offices and they may have their own particular approach.

If I was an offshore applicant I would certainly lodge a Form 1022 to advise them of when I travelled to Australia and also request advice from the office where I lodged the application to see if they would have an approach of making contact to advise on leaving Australia because of a visa grant being imminent, a reference to Booklet #1 and relevant clauses being used to highlight the situation.
Responses could range from negative in not getting one to receiving a positive affirmation.
If you're in Australia and apply, it should not be an issue getting the medicals sent to Australia and you could even put a note on your application that they are in SA.
It'll probably not hurt either if you can see if the SA have given them a file number or have some form of reference number you can refer to.





Sponsored Links
Advertisement
 
  #14 (permalink)  
Old 01-26-2011, 07:21 PM
kjr kjr is offline
Active Member
 
Join Date: Oct 2010
Posts: 11
Please update your flag here .

Thanks W for all the advice and help.... HOWEVER.. have spoken today to a very helpful and clued up lady at the Aus High Comm in SA.. who advised me after a long chat and many questions, that they CAN process within a month, a ull application for a spouse visa.. As we are not pretty ready for a full app, we have decided to apply here.. it gives over 2 months before we want to fly and so will go this route after all. She also advised that at worst, we can submit the 1022 form and they will inform me via email as and when are ready to grant via email and we can do the NZ trip..

My personal biggest issue, is that I want to work as soon as possible, and taking a chance at applying onshore and it taking 6 months or so and not getting the no work condition removed is a big problem for me... So decision made..

WISH US LUCK! Will let you know how it goes!


  #15 (permalink)  
Old 01-26-2011, 11:34 PM
Wanderer's Avatar
Senior Member
 
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
Well, good luck and getting the visa in a month will be something but if you have a good clear application with all medicals and police checks etc. done, if you get the right CO and they're not too busy, it's possible I suppose.
Maybe in getting to talk to someone and if they have influence and have seen that you've done your homework and all, then it'll hopefully go OK for you.
Best wishes.





  #16 (permalink)  
Old 02-24-2011, 02:39 PM
kjr kjr is offline
Active Member
 
Join Date: Oct 2010
Posts: 11
Please update your flag here .

Hey Wanderer and all... just an update..

Visa app went in on Thurs 10th Feb, received email saying was received on the 15th I think it was. Called yesterday to see if a C/O been assigned as yet, and spoke to the same lady who helped me in Jan when I called in and pointed out I had the incorrect marraige cert and she was also the one who said they can turn around in a month....anyway, she said they had a backlog and were looking only now at apps handed in in January... we chatted for a while, and it turns out she is a C/O.

She asked for my file number, and said she would pull it and have a look, after asking me a couple of times "Is it a full application".

Today I received a phone call from the same lady, who said "Please submit the original police clearance for your husband from Australia and when you do, include your and your daughters passports as I am ready to grant the visa's"

So WOW wonderful amazing news and in essence a 24 hour turnaround time once she had a look at it! It just goes to show that being over prepared, and ensuring you do have all the right docs may take some time to get but certainly help in the processing! Supplying only a certified copy of hubbies PC was an error on our behalf but he will be couriering it to me ASAP and should have our Visas by end of next week!


  #17 (permalink)  
Old 02-25-2011, 12:25 AM
Wanderer's Avatar
Senior Member
 
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
Sounds like it'll all be going OK for you then and yes it is an easy gliche to make re not sending in the original PC for it is stressed on the Immi site re sending in certified copies though I think there is also mentioned somewhere the PC is an exception and that would also apply to the sponsor where there are children involved.





Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Application ofr a spouse visa onshore Fantaselena New member introductions 0 04-08-2011 03:31 AM
Spouse visa - Onshore or offshore? Pregnant? SoConfused Visas and immigration 4 12-16-2010 12:26 AM
Onshore Spouse Visa Application Hannabelle25 Visas and immigration 39 11-23-2010 10:47 PM
Spouse visa - offshore application Steele Visas and immigration 6 08-30-2010 02:51 AM
onshore or offshore, spouse/partner or tourist? sandy Visas and immigration 13 03-18-2010 12:36 AM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 10:20 AM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com