Offshore Partner Visa 309/100 Waiting Room - Page 257

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Offshore Partner Visa 309/100 Waiting Room - Page 257


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  #2561 (permalink)  
Old 07-02-2019, 06:06 AM
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Peter Dutton has cut down on the number of partner visas available and created a backlog of 80,000 applications, flouting the Migration Act. Former Immigration Department Deputy Secretary Abul Rizvi reports.

At end June 2018, the Coalition Government had allowed a backlog of over 80,000 "Partner visa" applications to build up. These are overseas-born people who are married to or intend to marry Australian citizens or permanent residents.

Rather than take steps to deal with the backlog, Home Affairs Minister Peter Dutton started to cut down on the number of partner places available, even though the law requires spouse visas be managed on a demand-driven basis. His successor, Immigration Minister David Coleman, has decided to continue the scandal.

By voting down amendments to s86 and s87 of the Migration Act (the capping powers), Parliament has twice (in 1989 and 1996-97) made it clear it expects visa applications for spouses of Australian citizens and permanent residents to be processed on a demand-driven basis.

Nevertheless, the Coalition Government has allowed a backlog of over 80,000 partner applications (that is, including fiancees) to develop. It has allocated only 39,799 places for partners in 2019-20 — the same as in 2017-18 (see Chart below). This can only result in the backlog continuing to grow and the law continuing to be flouted.
The Coalition Government has announced changes to the processing of partner visas by adding a formal step of approving the Australian sponsor before the partner can lodge a visa application. However, implementation of this additional step has been postponed.

Note partner visa application fees are approaching $8,000 — well in excess of actual resources being allocated to the processing. Also note that at end March 2019, there were 5,396 active partner cases at the Administrative Appeals Tribunal (AAT). The set-aside rate at the AAT is around 50 per cent


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  #2562 (permalink)  
Old 07-02-2019, 06:15 AM
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Quote:
Originally Posted by Benjamin2018 View Post
14 to 19 month process for 309
Only 15% were processed in the 14 to 19 month range. 10% took over 19 months, with the other 75% taking under 14 months, with some of those being 3 or 4 months.


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  #2563 (permalink)  
Old 07-02-2019, 06:49 AM
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Quote:
Originally Posted by Benjamin2018 View Post
Also note that at end March 2019, there were 5,396 active partner cases at the Administrative Appeals Tribunal (AAT). The set-aside rate at the AAT is around 50 per cent
That's a lot of possible bad applications taking up processing time.

The problem with increasing partner visa grants would be the need to reduce Skilled visa grants, which also have the demand based condition, but when added together come under a joint cap.


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  #2564 (permalink)  
Old 07-02-2019, 10:08 PM
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Here’s processing time from home affairs web site
Attached Thumbnails
Offshore Partner Visa 309/100 Waiting Room-d042e7c0-a174-426a-86e6-ef3ed4489bc0_1562105246228.jpg  


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  #2565 (permalink)  
Old 07-03-2019, 12:42 AM
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Quote:
Originally Posted by Benjamin2018 View Post
Here’s processing time from home affairs web site
I think the home affairs website confuses it with that wording, some people would think that 75% actually take 14 months.

If you look at the 23 subclass 309 grants shown in this forum in May, you will see that NONE were actually done in the 14 to 19 month range. (it is only a small sample, but reasonably consistent with the figures)

These are the actual times of the 23 subclass 309 grants shown in this forum in May, the period covered by the official figures.
1.4, 2.7, 4.0, 4.0, 4.6, 4.7, 4.7, 5.2, 5.3, 7.1, 7.3, 8.1, 8.8, 9.0, 10.8, 10.8, 10.9, 12.2, 12.8, 13.6, 21.5, 23.4 and 33.6 months.

75% being done in under 11 months and 10% taking over 21 months.

It looks like the straightforward grants be be getting faster, while some others may be getting more delays due to extra checking.


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  #2566 (permalink)  
Old 07-03-2019, 05:33 AM
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Hello! I’m hoping to join the waiting room soon, i have a question though and maybe some of you know the answer.
I already have a granted working holiday visa, which I didn’t activate yet. I would like to apply for the partnership visa offshore as i am offshore at the moment with my soon-to-be husband 🧡 and I’m wondering, after i apply, am i ok to come into australia on the working holiday visa (therefore with the right to work and study) while waiting for the first part of the partnership visa to be approved, obviously leaving once my working holiday expires if I’m not granted the temporary yet?

It may seem easier to just apply from onshore with the 820/801 visa, but I’ like to apply as soon as possible as the wait seems fairly long!

Thank you if anyone can help i hope my question is in the right spot 😊


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  #2567 (permalink)  
Old 07-03-2019, 05:37 AM
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Offshore process quicker than onshore and yes you can stay on work and holiday visa but when they grant your 309 you need to leave country in 28 days before grant they will notify you by email.


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  #2568 (permalink)  
Old 07-03-2019, 05:42 AM
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Yep, The gov going to reduce immi budget and staff I think application processes will take longer you are right mate.


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  #2569 (permalink)  
Old 07-03-2019, 06:58 AM
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Quote:
Originally Posted by Benjamin2018 View Post
Offshore process quicker than onshore.
I just want to point out that that's not always the case. Likely? Probably. But from what others have posted on here, offshore can take just as long or longer than onshore in some cases.


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  #2570 (permalink)  
Old 07-03-2019, 07:17 AM
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Thanks for your replies 🙂 I just want to clarify that i’m not assuming that offshore will be quicker, as it sees to vary a lot! I just want to apply asap as i have some free time now as well, so that i can really prepare the documents and be thorough. My only concern is that once applied offshore, for some reason I won’t be able to get into australia and use my working holiday, even though i cannot find anything that goes against doing so on the gov website 🙂


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