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Spouse visa subclass 309 and 100

Spouse visa subclass 309 and 100

Old Aug 30th 2002, 10:31 am
  #1  
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Default Spouse visa subclass 309 and 100

I have recently been granted an Australian Spouse visa. Because I have only been with my (Australian) wife for 4.75 years I was granted a subclass 309 visa.

This is a temporary permanent visa in DIMA speak.

This means that I once I am in Australia, and two years have passed since my application, and I am still with my wife, I will be granted a subclass 100 permanent permanent visa.

If I had waited another few months with my application I would have received the permanent visa straight away.

And so to my query ...

I have read that I can reapply (from scratch) for a spouse visa once I arrive in Australia at the end of this year. My relationship will by then have lasted 5 years and I should be granted the subclass 100 straight away.

Obviously I will be charged a new application fee but could someone confirm that this is possible. It seems like ridiculous bureaucracy to me. Why can't they just give me the subclass 100 once the relationship has reached 5 years ??
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Old Aug 30th 2002, 1:28 pm
  #2  
Jaj
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Default Re: Spouse visa subclass 309 and 100

Yes, you can reapply onshore for a spouse visa once you have reached 5 years. You
should actually get a subclass 801 visa (the onshore equivalent of the subclass 100).
Also, the onshore application fee is A$1745.

It would make a lot more sense to allow people to adjust to the permanent visa once
the long-term spouse relationship threshold was reached, but the only way to do this
currently is to make a new application. That's bureaucracy for you (I wonder how
many cases of this type turn up at DIMIA offices onshore ... )

Jeremy


    >On Fri, 30 Aug 2002 10:31:51 +0000, etlniwd <[email protected]> wrote:
    >I have recently been granted an Australian Spouse visa. Because I have only been
    >with my (Australian) wife for 4.75 years I was granted a subclass 309 visa.
    >This is a temporary permanent visa in DIMA speak.
    >This means that I once I am in Australia, and two years have passed since my
    >application, and I am still with my wife, I will be granted a subclass 100 permanent
    >permanent visa.
    >If I had waited another few months with my application I would have received the
    >permanent visa straight away.
    >And so to my query ...
    >I have read that I can reapply (from scratch) for a spouse visa once I arrive in
    >Australia at the end of this year. My relationship will by then have lasted 5 years
    >and I should be granted the subclass 100 straight away.
    >Obviously I will be charged a new application fee but could someone confirm that
    >this is possible. It seems like ridiculous bureaucracy to
    >me. Why can't they just give me the subclass 100 once the relationship has reached 5
    > years ??
    >--
    >nick
    >Posted via http://britishexpats.com
 
Old Aug 30th 2002, 9:40 pm
  #3  
George Lombard
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Default Re: Spouse visa subclass 309 and 100

Dear Nick,

The application you made for a subclass 309 visa includes an application for a
permanent subclass 100 visa. If your relationship has been going for five years you
simply need to request DIMIA to commence processing the subclass 100 visa on the
basis of the length of the relationship. No need to lodge a new application.

Cheers

George Lombard


--
www.austimmigration.com.au "JAJ"
<[email protected]> wrote in message news:[email protected]...
    > Yes, you can reapply onshore for a spouse visa once you have reached 5 years. You
    > should actually get a subclass 801 visa (the onshore equivalent of the subclass
    > 100). Also, the onshore application fee is A$1745.
    > It would make a lot more sense to allow people to adjust to the permanent visa once
    > the long-term spouse relationship threshold was reached, but the only way to do
    > this currently is to make a new application. That's bureaucracy for you (I wonder
    > how many cases of this type turn up at DIMIA offices onshore ... )
    > Jeremy
    > >On Fri, 30 Aug 2002 10:31:51 +0000, etlniwd <[email protected]>
wrote:
    > >
    > >I have recently been granted an Australian Spouse visa. Because I have only been
    > >with my (Australian) wife for 4.75 years I was granted a subclass 309 visa.
    > >
    > >This is a temporary permanent visa in DIMA speak.
    > >
    > >This means that I once I am in Australia, and two years have passed since my
    > >application, and I am still with my wife, I will be granted a subclass 100
    > >permanent permanent visa.
    > >
    > >If I had waited another few months with my application I would have received the
    > >permanent visa straight away.
    > >
    > >And so to my query ...
    > >
    > >I have read that I can reapply (from scratch) for a spouse visa once I arrive in
    > >Australia at the end of this year. My relationship will by then have lasted 5
    > >years and I should be granted the subclass 100 straight away.
    > >
    > >Obviously I will be charged a new application fee but could someone confirm that
    > >this is possible. It seems like ridiculous bureaucracy to
    > >me. Why can't they just give me the subclass 100 once the relationship has reached
    > > 5 years ??
    > >
    > >--
    > >nick
    > >
    > >
    > >Posted via http://britishexpats.com
    > >
 
Old Aug 31st 2002, 4:54 am
  #4  
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Default Re: Spouse visa subclass 309 and 100

Hi George,

Thanks for your response. This is great news if true. But, it is contrary to everything else I have read or been told.

The information from the DIMA website states :

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.


It says something similar on the letter I got from AHC with my visa i.e. 'You will be contacted by DIMA in Australia approximately two years from when you lodged your application'

There's a big difference here.

If what you say is correct then I should get a subclass 100 (or 801) in December 2002 (5 years after my relationship started).

In the other case I will not get this until April 2004 (two years after I lodged my visa application).

If anyone can throw some more light on this it would be much appreciated. It is important to me because it dictates how I plan my length of time in both Australia and the UK over the next 2-4 years in terms of citizenship eligibility.
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Old Aug 31st 2002, 6:46 am
  #5  
Jaj
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Default Re: Spouse visa subclass 309 and 100

George Normally I would defer to you on this, but the within the Schedule 2 criteria
for the subclass 100 visa:

Extracted:

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) the applicant is the spouse of the sponsoring spouse; and
(d) subject to subclauses (5), (6) and (7), at least 2 years have passed since .....

(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.


The time of application is determined by the Schedule 1 criteria, from which
I extract:

5A. Partner (Provisional) (Class UF)

(c)Application must be made at the same time and place as an application for
a Partner (Migrant) (Class BC) visa.

(4)Subclasses: 309 (Spouse (Provisional)) 310 (Interdependency
(Provisional))

This to me says that the times of application for the 309 visa and the 100 visa are
the same. And as the criteria for a long term relationship as per 100.221 (5) is
applied at the time of application, I can't see how this can get re-assessed during
the 2 year temporary residence period once that's applied and the 2 year wait for
PR imposed.

Have I missed something here?

Jeremy



    >On Sat, 31 Aug 2002 07:29:05 -0700, "George Lombard" <[email protected]> wrote:
    >Dear Nick,
    >The application you made for a subclass 309 visa includes an application for a
    >permanent subclass 100 visa. If your relationship has been going for five years you
    >simply need to request DIMIA to commence processing the subclass 100 visa on the
    >basis of the length of the relationship. No need to lodge a new application.
    >Cheers
    >George Lombard
    >--
    >www.austimmigration.com.au "JAJ"
    ><[email protected]> wrote in message news:[email protected]...
    >> Yes, you can reapply onshore for a spouse visa once you have reached 5 years. You
    >> should actually get a subclass 801 visa (the onshore equivalent of the subclass
    >> 100). Also, the onshore application fee is A$1745.
    >> It would make a lot more sense to allow people to adjust to the permanent visa
    >> once the long-term spouse relationship threshold was reached, but the only way to
    >> do this currently is to make a new application. That's bureaucracy for you (I
    >> wonder how many cases of this type turn up at DIMIA offices onshore ... )
    >> Jeremy
    >> >On Fri, 30 Aug 2002 10:31:51 +0000, etlniwd <[email protected]>
    >wrote:
    >> >
    >> >I have recently been granted an Australian Spouse visa. Because I have only been
    >> >with my (Australian) wife for 4.75 years I was granted a subclass 309 visa.
    >> >
    >> >This is a temporary permanent visa in DIMA speak.
    >> >
    >> >This means that I once I am in Australia, and two years have passed since my
    >> >application, and I am still with my wife, I will be granted a subclass 100
    >> >permanent permanent visa.
    >> >
    >> >If I had waited another few months with my application I would have received the
    >> >permanent visa straight away.
    >> >
    >> >And so to my query ...
    >> >
    >> >I have read that I can reapply (from scratch) for a spouse visa once I arrive in
    >> >Australia at the end of this year. My relationship will by then have lasted 5
    >> >years and I should be granted the subclass 100 straight away.
    >> >
    >> >Obviously I will be charged a new application fee but could someone confirm that
    >> >this is possible. It seems like ridiculous bureaucracy to
    >> >me. Why can't they just give me the subclass 100 once the relationship has
    >> > reached 5 years ??
    >> >
    >> >--
    >> >nick
    >> >
    >> >
    >> >Posted via http://britishexpats.com
    >> >
 

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