Initial Spouse Visa Permanent Residency Instead of Temp, Approval?

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Initial Spouse Visa Permanent Residency Instead of Temp, Approval?


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Old 03-15-2011, 11:24 AM
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Initial Spouse Visa Permanent Residency Instead of Temp, Approval?

Hello all,

I was reading that you are applying for both visas (Temp and PR) when lodging your Partner Visa application. There hasn't been much say on this matter, but I've read a few lines suggesting it's possible to skip the Temporary Residency and be approved for Permanent Residency straight away.

I wanted to know if anyone has lodged a Spouse Visa (Married already) onshore, or even offshore, and has been automatically approved PR. And, if so, how long citizenship would take to achieve.

Just curious because I seem to fit the criteria for PR approval (I have compelling circumstances and meet all eligibility requirements).
Thanks!


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Old 03-15-2011, 02:04 PM
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One of the requirements to become an Australian citizen is:

You must:

- have been living in Australia on a valid Australian visa for four years immediately before applying, including one year as a permanent resident, and

- not have been absent from Australia for more than one year in total, in the 4 year period, including no more than 90 days in the year before applying.

But first, you must apply for PR visa.


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Old 03-15-2011, 03:58 PM
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I'm not sure what you mean by "compelling circumstances", I think it only applies if you have been together for a specified time, i.e. were in a defacto relationship for 3 years prior to the application, or 2 years if you have a child together.

We are in the same situation, we also meet the criteria of being in a defacto relationship for more than 3 years, are married and (about to) have a child together, so the case is pretty clear I think. I applied offshore and I included a cover letter explaining our situation again, and that we would therefore like to be considered for immediate PR. I didn't elaborate on it, it was just one sentence.

At least for the embassy I am applying to, I know of 3 applicants who met the criteria and who have been granted PR straight away.

As for compelling circumstances, if this means that you have children, I think you will still have to have the 2 years of living together. I know of one couple who have a 5 year old child together, but due to work commitments, they had only been living together for about a year or so, they got the temporary visa.

Even though the immi website states that PR may or may not be granted, I am pretty confident that it will be granted if you meet the criteria and sufficient evidence, I can't imagine that they would make decision in an arbitrary way.


Last edited by Lisa84; 03-15-2011 at 04:06 PM.

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Old 03-16-2011, 06:31 AM
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I'd just like to add that anyone who meets the criteria for grant of PR straight away should request this formally in a cover letter when they submit the application. It's my inderstanding that DIAC doesn't always do so if the applicant doesn't specifically ask for it.

It's harder to ask for it once the application has been submitted, so ensure you do so when you first apply


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Old 03-20-2011, 10:41 AM
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thanks u guys!

Well based on what it says, I SHOULD satisfy the little criteria necessary for PR approval.
1) I've been with my spouse since 2007
2) Aside from my trips back to the US, we have lived to together for just over 2 years
3) We've been married for just over a year.
4) We have a 2.5 year old son

Someone give me some hope that should be sufficient at least on paper...

*Wait - does living together include time spent on tourist visas?

So, I will actually write my cover letter right now. I'll assume a neat 3-4 sentence paragraph will suffice. Something concluding for example: "Due to our commitment and established history as a family unit, we request to be considered for Permanent Residency."

Thanks again!


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Old 03-20-2011, 10:56 AM
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I think living together counts as long as you have sufficient evidence of it being a defacto relationship, regardless of your visa. So as long as you can provide a joint lease, joint bills, a joint account etc dating back 2 years, you should be fine.

The earliest evidence I have is a joint lease starting 4 years ago, followed by joint bills starting about a month later than that. In my opinion, a child is much stronger evidence than some joint bills, but I don't think immi agrees

With this sentence in your cover letter, I'd write out the fact that you've been living together continuously for 2 years, and have a child, just in case. I think I put it that way: "We have been in a defacto relationship for four years and thereofre would like to be considered for instant PR."


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Old 03-20-2011, 03:13 PM
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As Lisa states, it should just be a case of whether you have adequate documentation to show the residing together and whilst joint leases and bills might be the bees knees, it is not the only evidence you may have and having a child will probably have produced a bit of documentation for you.
Have a read of the sticky thread by el kitten and though she was just going for the defacto partner visa, there is some info that'll help and also Booklet#1 outlines some of the sort of things that will be taken as evidence and as long as those trips back home have not been for too long at a time, you should not have a problem.

Re a letter/note to Immi on being eligible for PR, I'd suggest a soft enquiring manner can sometimes work greater wonders than getting a bureucrat offside.
Something like " I read
Quote:
•at the time you apply, you have been in a married or de facto relationship with your partner for two years or more, and there is a dependent child of your relationship
and so to have my situation considered I have put with my application, evidence of our relationship starting in 2007.
As for
Quote:
instant PR
nothing much happens too instantly in government departments Lisa and certainly not with Immi and that could come across as just a little too firm if not seeming harsh or officious to some public service petals.





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Old 09-18-2011, 02:13 PM
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Hi everyone,

We are also interested in the 3 year relationship/ permanent visa (ie. skipping the 2yr temporary visa), and naturally have some burning questions!

We have been de facto for 3 years, but in order to make it EXRA convincing (and due to a lack of evidence from the 1st year) we are going to wait another year to apply for an onshore partner visa.

Basically I (aus citizen) have been living with my partner (french) in France for the last 2 years, and wish to return to Oz together next year July. We've decided to apply for him to go on a Working holiday visa, and then apply onshore for the Partner visa once our relationship hits 4yrs (December 2012).

He'll then be able to work in Oz on the visa subclass 417, however, desperately needs to start his studies in 2013 (by then hoping to have been granted the partner visa, which allows for studying). We need PR in order to qualify for normal uni fees (ie. international fees just aren't possible!!)

My worry is that seeing as we've both been living in France for most of our relationship, can we still be confident to get PR for my partner from an onshore partner visa application?

The other option would be to apply for the partner visa offshore (from December 2011) but I'm just too worried they will not grant him PR.

any suggestions or further info?

thanks so much!


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Old 09-19-2011, 06:42 AM
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Whether the couple is offshore or onshore doesn't matter in terms of eligiblity for the temporary visa stage to be waived. However, as I said in a post above, the applicant has to state in a cover letter that they would like to be considered for the temporary visa and outline why they think they are eligible. Also, it's not something they do automatically in many cases, so you have to make your intentions known when applying.

If you've already been defact for 3 years as of now, then I don't see any reason to delay it for another year. There is no point trying to add credibility to your relationship, since I think if you're genuine, DIAC will know it anyway no matter how long you have been together. Then you would no problem with your partner's future studies since he could have PR if you applied now.

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Old 09-21-2011, 10:11 AM
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My husband was approved for permanent residency without temporary. We have been together for nearly 7 years, married for 2.5, living together for 6 years...
We added a letter to the front asking him to be considered for permanent residency.
We applied to Ottawa.


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