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question re length of relationship for oz spouse migration

question re length of relationship for oz spouse migration

Old Mar 28th 2002, 9:52 am
  #1  
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Default question re length of relationship for oz spouse migration

I am about to apply for migration to Australia as a spouse.

The rules state that successful applicants will first be granted a spouse temporary visa followed by the premanant one two years later (assuming of course that all requirements are met).

However the rules also state :

Waiver of 2 year requirement
In most cases permanent residence cannot be granted less than 2 years from when you lodge your application. However if you meet one of the following waiver provisions then you will be granted a permanent visa without having to fulfil the normal 2 year waiting period:
- at the time you apply you have been in the relationship with your spouse for 5 years or more, or 2 years where there are dependent children of the relationship.

I have been in the relationship for 4 years 3 months. Assuming a successful application, would I be eligible for a permanent visa in 9 months time (i.e. approx 3 months after I would expect to receive the temporary one) or would I have to wait another 2 years (i.e. the 2 year clock is reset to the day I first make the application) ?

Any advice from anyone who knows for sure would be greatly appreciated.

Thanks
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Old Mar 28th 2002, 10:05 pm
  #2  
Jaj
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Default Re: question re length of relationship for oz spouse migration

Hi Alan It's a good question. I'm assuming you're applying for the offshore spouse
migration visa.

You can find the following at http://scaleplus.law.gov.au (if you know where to
look) describing the current criteria for the permanent spouse migration visa
(subclass 100):

TEST--
100.22 Criteria to be satisfied at time of decision
100.1 (1) The applicant meets the requirements of subclause (2),
(101), (4) or (4A).
(102) The applicant meets the requirements of this subclause if:

(a) the applicant:

(b) is the holder of a Subclass 309 (Spouse (Provisional)) visa; or

(c) was the holder of a Subclass 309 (Spouse (Provisional)) visa granted before 1
November 1999 that has ceased to be in effect because the applicant:
(d) was outside Australia at the end of the 30 month period specified in the Subclass
309 visa for travelling to and entering Australia; or
(e) left Australia after the end of the 30 month period specified in that visa for
travelling to and entering Australia; and

(f) the applicant is the spouse of the sponsoring spouse; and

(g) subject to subclauses (5), (6) and (7), at least 2 years have passed since the
application was made. TEST-

This clearly states that the 2 year period begins at the date of application.

Subclause (3) refers to what happens if the Australian spouse has died, subclause (4)
is the domestic violence provision and (4A) concerns those whose permanent visa
applications have been refused by have successfully appealed to the MRT.

TEST--
(5) Paragraph (2) (c) does not apply to an applicant who at the time of making
the application was in a long-term spouse relationship with the sponsoring
spouse. TEST--

In other words it clearly states that the requirement to be in a long term
relationship exists at time of application, and if not, there is no exemption from
the waiting period at all.

Just to clarify how the applications for the permanent and temporary visa
work together:
- you apply for the permanent visa
- this is also treated as an application for the temporary visa (subclass 309)
- the first stage is to see if you meet the subclass 309 requirements, if so you
get the visa
- then they look to see if you meet the subclass 100 visa requirement at time of
application (ie a long term relationship). If so you get the subclass 100 visa,
otherwise you have the subclass 309 and normally need to wait out the full 2 years.

Hope this helps.

Jeremy

    >On 28 Mar 2002 11:06:06 -0500, etlniwd <[email protected]> wrote:

    >I am about to apply for migration to Australia as a spouse.
    >
    >The rules state that successful applicants will first be granted a spouse temporary
    >visa followed by the premanant one two years later (assuming of course that all
    >requirements are met).
    >
    >However the rules also state :
    >
    >Waiver of 2 year requirement In most cases permanent residence cannot be granted
    >less than 2 years from when you lodge your application. However if you meet one of
    >the following waiver provisions then you will be granted a permanent visa without
    >having to fulfil the normal 2 year waiting period:
    >- at the time you apply you have been in the relationship with your spouse for 5
    > years or more, or 2 years where there are dependent children of the relationship.
    >
    >I have been in the relationship for 4 years 3 months. Assuming a successful
    >application, would I be eligible for a permanent visa in 9 months time (i.e. approx
    >3 months after I would expect to receive the temporary one) or would I have to wait
    >another 2 years (i.e. the 2 year clock is reset to the day I first make the
    >application) ?
    >
    >Any advice from anyone who knows for sure would be greatly appreciated.
    >
    >Thanks
    >
    >
    >
    >--
    >Alan Pritchard
    >
    >Posted via http://britishexpats.com
 
Old Mar 29th 2002, 1:05 am
  #3  
Mallysutton
Guest
 
Posts: n/a
Default Re: question re length of relationship for oz spouse migration

Hi all, i being the Australian citizen sponsored my husband july 2001 for a spouse PR
visa, it was granted in december and is a sub-class 100 visa, so my question is when
would he be eligable for citizenship??

Thanks karen "JAJ" <[email protected]> wrote in message
news:[email protected]...
    > Hi Alan It's a good question. I'm assuming you're applying for the offshore spouse
    > migration visa.
    >
    > You can find the following at http://scaleplus.law.gov.au (if you know where to
    > look) describing the current criteria for the permanent spouse migration visa
    > (subclass 100):
    >
    >
    > TEST--
    > 100.22 Criteria to be satisfied at time of decision
    > 100.221 (1) The applicant meets the requirements of subclause (2),
    > (3), (4) or (4A).
    > (2) The applicant meets the requirements of this subclause if:
    >
    > (a) the applicant:
    >
    > (i) is the holder of a Subclass 309 (Spouse (Provisional)) visa; or
    >
    > (ii) was the holder of a Subclass 309 (Spouse (Provisional)) visa granted before 1
    > November 1999 that has ceased to be in effect because the applicant:
    > (A) was outside Australia at the end of the 30 month period specified in the
    > Subclass 309 visa for travelling to and entering Australia; or
    > (B) left Australia after the end of the 30 month period specified in that visa for
    > travelling to and entering Australia; and
    >
    > (b) the applicant is the spouse of the sponsoring spouse; and
    >
    > (c) subject to subclauses (5), (6) and (7), at least 2 years have passed since the
    > application was made. TEST-
    >
    > This clearly states that the 2 year period begins at the date of application.
    >
    > Subclause (3) refers to what happens if the Australian spouse has died, subclause
    > (4) is the domestic violence provision and (4A) concerns those whose permanent visa
    > applications have been refused by have successfully appealed to the MRT.
    >
    > TEST--
    > (5) Paragraph (2) (c) does not apply to an applicant who at the time of making
    > the application was in a long-term spouse relationship with the sponsoring
    > spouse. TEST--
    >
    > In other words it clearly states that the requirement to be in a long term
    > relationship exists at time of application, and if not, there is no exemption from
    > the waiting period at all.
    >
    > Just to clarify how the applications for the permanent and temporary visa work
    > together:
    > - you apply for the permanent visa
    > - this is also treated as an application for the temporary visa (subclass 309)
    > - the first stage is to see if you meet the subclass 309 requirements, if so you
    > get the visa
    > - then they look to see if you meet the subclass 100 visa requirement at time of
    > application (ie a long term relationship). If so you get the subclass 100 visa,
    > otherwise you have the subclass 309 and normally need to wait out the full 2
    > years.
    >
    >
    > Hope this helps.
    >
    > Jeremy
    >
    >
    > >On 28 Mar 2002 11:06:06 -0500, etlniwd <[email protected]> wrote:
    >
    > >I am about to apply for migration to Australia as a spouse.
    > >
    > >The rules state that successful applicants will first be granted a spouse
    > >temporary visa followed by the premanant one two years later (assuming of course
    > >that all requirements are met).
    > >
    > >However the rules also state :
    > >
    > >Waiver of 2 year requirement In most cases permanent residence cannot be granted
    > >less than 2 years from when you lodge your application. However if you meet one of
    > >the following waiver provisions then you will be granted a permanent visa without
    > >having to fulfil the normal 2 year waiting period:
    > >- at the time you apply you have been in the relationship with your spouse for 5
    > > years or more, or 2 years where there are dependent children of the
    > > relationship.
    > >
    > >I have been in the relationship for 4 years 3 months. Assuming a successful
    > >application, would I be eligible for a permanent visa in 9 months time (i.e.
    > >approx 3 months after I would expect to receive the temporary one) or would I have
    > >to wait another 2 years (i.e. the 2 year clock is reset to the day I first make
    > >the application) ?
    > >
    > >Any advice from anyone who knows for sure would be greatly appreciated.
    > >
    > >Thanks
    > >
    > >
    > >
    > >--
    > >Alan Pritchard
    > >
    > >Posted via http://britishexpats.com
 

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