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Defacto Visa Problem please help - Page 2


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Old 08-15-2014, 01:49 AM
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On a separate issue - if you actually qualify for a Partner Visa (i.e., if you have provided or could provide evidence of living together and sharing finances for the last 12 months), I would contact your CO and ask to be considered for the 309 instead. Sounds like you ticked the wrong box on the application. It can be confusing, but if you are trying to apply for a de facto visa, you need to tick "de facto" on the relationship question, EVEN IF you are also engaged. DIBP has the power to change a PMV to a 309 application, and it will be to your benefit to do so. You won't be required to marry within a specific nine-month window (you can marry whenever you want), you won't have to make another onshore partner visa application and pay another fee of approximately $1100 AUD, and you will be eligible for permanent residency sooner. Contact your CO if you have one, or your embassy if you don't have a CO yet, and get them to change your application if you can show evidence you've lived together/shared finances for 12 months or more. Tell them you ticked the wrong box and see if they can help. They should be able to.

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Old 08-15-2014, 01:14 PM
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We could do it that way by him just getting a tourist visa for the 3 months however as I need to go back to australia by October to get ready for deliver in january (I cant fly in the last trimester) and the processing time for our visa in a minimum of 10 months he would have to leave the country so many times before we are granted the visa. We are in our 20s both need to work to support ourselves so me being on maternity leave I need him to be working to support the family. If he came over when the baby was due in January then he still needs to leave again in march and the visa still wont be ready!

Even if we get married now the processing time doesn't change it is still 10-14 months wait.

There is a human rights act in the UK that wont split up a family so I would be able to stay here past my visa, surely there is something like this in Australia??

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Old 08-15-2014, 01:17 PM
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We did probably tick the wrong box but the processing time for the partner visa is the same amount of time, and they also said we have to pay to change over to that visa. We did get stumped with that question and should have put the partner visa so we dont have to get married in the 9 month time frame. It states that the only way to get out of paying for the fee again is to get married before and they can change it over to the partner visa free of charge.


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Old 08-15-2014, 02:18 PM
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Hindsight is a wonderful thing, but as mentioned above an onshore application would've solved a lot of issues you're facing. Onshore applicants go onto a bridging visa (once there current visa expires) that offers full work rights.There's nothing preventing you withdrawing your current application, travelling to Aus and then deciding to lodge an onshore application whilst there, but you would of course lose the application fee for your current application.

To be blunt, this isn't a human rights issue. Everyone has to plan around the system, the system won't bend to meet your wants or expectations. The system is not splitting your family up.

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Old 08-15-2014, 09:31 PM
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Unfortunately as far as immigration goes,your baby makes no difference to an application until it's actually born and even then there is no "express" applications for families - there are a number of people on this forum who have endured separation from their loved ones and families during visa processing.

As Adam has already said....in hindsight everyone has 20/20 vision and when it comes to immigration you cannot assume anything....I don't believe the loophole you are hoping to find exists....You have to basically decide whether to
A) have the baby in the UK
B) return to Aus and have your fiancée join you on a tourist visa
C) withdraw the offshore application and lodge a new application onshore.

You also may be lucky with your visa grant time....I was told 9-12 months when I applied and I got my visa in 6.....although that was an onshore application.

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Old 08-15-2014, 09:42 PM
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As Adam and Valentine have said, there's no magic answer here. Your options are as Valentine has stated them.

I think it's odd that they'd make you pay again to switch to the partner visa just because you ticked the wrong box. That sucks. I'm wondering if Adam has any thoughts on that? Usually it is people who marry who switch from the 300 to the 309, but I don't understand why they can't just fix it as the PMV and the 309 are exactly the same cost.

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Old 08-15-2014, 09:56 PM
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It's not a human rights issue. They're not splitting up your family, He can come on a visitor visa, but if you choose (can't afford) for him not to do that then it's not DIBP's issue. They don't consider a temporary situation to be a hardship, and a lot of people have had to be apart far longer than a few months.

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Old 08-15-2014, 10:40 PM
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DIBP cannot show favouritism for people that are pregnant or have a family. The separation is only temporary. If DIBP showed favouritism for pregnant people or families they would be accused/charged with discrimination by people who don't want kids, want to wait to have kids or can't have kids.

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Old 08-16-2014, 06:39 AM
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Arrow Special Consideration for Pregnant Applicants

Quote:
Originally Posted by Mish View Post
DIBP cannot show favouritism for people that are pregnant or have a family. The separation is only temporary. If DIBP showed favouritism for pregnant people or families they would be accused/charged with discrimination by people who don't want kids, want to wait to have kids or can't have kids.
My husband and I have not planned for kids (at least a couple of years) because right now we are not financially stable enough to cater to the needs a baby so are waiting till we both a together, finished our degrees, both have permanent jobs and don't have to deal with the stress of getting separated because of this visa drama, when I'm pregnant.

Unfortunately AHC New Delhi gives "Special Consideration" ONLY to applicants/sponsors who are pregnant. They get their visas in about 6-7 months while the current waiting period for the non-pregnant applicants is 9-10 months on average.
It's like the non- pregnant applicants get punished for NOT having a kid as soon as they get married
How is that fair?

Had my file been looked at properly before my PCC expired, I would've gotten my visa by now.

Kind Regards,
Becky

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  #20 (permalink)  
Old 08-16-2014, 07:05 AM
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Quote:
Originally Posted by Becky26 View Post

My husband and I have not planned for kids (at least a couple of years) because right now we are not financially stable enough to cater to the needs a baby so are waiting till we both a together, finished our degrees, both have permanent jobs and don't have to deal with the stress of getting separated because of this visa drama, when I'm pregnant.

Unfortunately AHC New Delhi gives "Special Consideration" ONLY to applicants/sponsors who are pregnant. They get their visas in about 6-7 months while the current waiting period for the non-pregnant applicants is 9-10 months on average.
It's like the non- pregnant applicants get punished for NOT having a kid as soon as they get married
How is that fair?

Had my file been looked at properly before my PCC expired, I would've gotten my visa by now.

Kind Regards,
Becky
That is so sad Becky. That is the first embassy I have heard of that gives special consideration. The embassy thar we applied at has a stock standard response for people that says that visas are processed in the order that they are received to ensure equity and fairness to all applicants. IMO that is how it should be.

If DIBP prioritised applications where there was a pregnancy can you imagine how many may change their plans?


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