Spouse PR versus TR (5 year waiver thing)
Mar 31st 2004, 10:05 am
#1
She's a bird, you know
Thread Starter
Joined: Jul 2003
Location: Yorkshire
Posts: 7,655
Spouse PR versus TR (5 year waiver thing)
Posted this on the immi forum, but thought I'd ask you lot too...
If you apply for a Spouse visa and you've been together for 5 years, then you can apply straight for permanent residency and skip the whole waiting for two years and reapplying part of the application. This I know. My question is, if DIMIA decide that the proof of 5 years co-habitation is shaky, but proof of 4 years is excellent, would they automatically reduce your application to a TR application? Or would they reject you and you'd have to reapply for TR?
Mr Bundy and I wil have been together for 5 years in October. We lived together virtually from day 1, but as the accomodation came with our jobs, we don't have rental agreements or anything useful like that. We have lots of stat decs and a letter saying we lived where we did as a couple etc etc. Bank statements to the same address, although no joint account at that stage. DIMIA even wrote to me at that address, so they know I was there when I said I was! But it's hard to prove the couple thing until Oct 2000 when we came back here to the UK.
I need to decide whether to go for PR straight off in Oct because we will have been together 5 years, or play it safe with TR...
If you apply for a Spouse visa and you've been together for 5 years, then you can apply straight for permanent residency and skip the whole waiting for two years and reapplying part of the application. This I know. My question is, if DIMIA decide that the proof of 5 years co-habitation is shaky, but proof of 4 years is excellent, would they automatically reduce your application to a TR application? Or would they reject you and you'd have to reapply for TR?
Mr Bundy and I wil have been together for 5 years in October. We lived together virtually from day 1, but as the accomodation came with our jobs, we don't have rental agreements or anything useful like that. We have lots of stat decs and a letter saying we lived where we did as a couple etc etc. Bank statements to the same address, although no joint account at that stage. DIMIA even wrote to me at that address, so they know I was there when I said I was! But it's hard to prove the couple thing until Oct 2000 when we came back here to the UK.
I need to decide whether to go for PR straight off in Oct because we will have been together 5 years, or play it safe with TR...
Mar 31st 2004, 3:17 pm
#2
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bundster, you just apply as normal, you do not decide which type of visa you are applying for, they do.
i have just got the sub class 100 spouse visa (been together more than 5 years) they automatially did it all, i did not need to tick any box or use different forms etc.
good luck for next year bundy.
i have just got the sub class 100 spouse visa (been together more than 5 years) they automatially did it all, i did not need to tick any box or use different forms etc.
good luck for next year bundy.
Mar 31st 2004, 8:11 pm
#3
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,814
When you get the residence visa they write to you and tell you which specific class you have, and whether they are giving you PR at once. If not, they tell you when they are likely to contact you again to grant it.
Makes life easier, just apply, and they'll decide for you!
Makes life easier, just apply, and they'll decide for you!
Mar 31st 2004, 8:23 pm
#4
Joined: Aug 2003
Posts: 11,149
WBB and Polly are correct in that you apply and DIMIA decide on the sub class.
There is a box there which asks when your relationship started. If you have 5 years evidence going back to that date then you should get PR. separate bank statements to the same address and time should do for evidence. No one starts a relationship with the collection DIMIA evidence in mind.
There is a box there which asks when your relationship started. If you have 5 years evidence going back to that date then you should get PR. separate bank statements to the same address and time should do for evidence. No one starts a relationship with the collection DIMIA evidence in mind.
Apr 1st 2004, 7:06 am
#5
She's a bird, you know
Thread Starter
Joined: Jul 2003
Location: Yorkshire
Posts: 7,655
Hurrah!! Hurrah!!! Fanfare of trumpets!!!
Thanks BP, WBB and Pollyana...now it all becomes clear.
We'll defintely hold off until later in the year when we have been together for 5 years and I'll start amassing even more evidence.
I think the fact that DIMIA wrote to me when I was in Nundle (to extend the three month clause on my WHM visa) will prove that I was at least there, and the bank statements etc will prove that Mr Bundy was also there, and the stat decs and letters stating our tenancy should cover the rest...
I'll be dead chuffed if I get PR straight off.
Thanks BP, WBB and Pollyana...now it all becomes clear.
We'll defintely hold off until later in the year when we have been together for 5 years and I'll start amassing even more evidence.
I think the fact that DIMIA wrote to me when I was in Nundle (to extend the three month clause on my WHM visa) will prove that I was at least there, and the bank statements etc will prove that Mr Bundy was also there, and the stat decs and letters stating our tenancy should cover the rest...
I'll be dead chuffed if I get PR straight off.
