supersonic4

Hi I have a temp spouise visa,married to my auusie lass Lorri,and was thinking on why do I have to be a temp resident for 2 years? it seems unfair that spouse visa are temp when alot of the others are perm straight away.We have no kids together so if we did there's a perm visa.Seems like its harder rules for a spouse than others.I was looking at the posts and saw that a few things are dependant on you having a perm visa.Fee's for uni,any training courses,claims for centrelink,not that we will be claiming anything,and what else?
Havn't looked into it any more yet,but there must be other stuff.Anyone got more ?
Cheers John

Pollyana

There are disadvantages (jobs, from my point of view, but I won't go there....). The flip side however is that you don't have such a long wait for the visa, you are more likely to get the visa, as long as you stay married and committed to the rel'ship PR is almost a rubber stamp, and its cheaper and less stressful - try reading some of the posts from people going through TRA nightmares, and then they can't work on arrival without getting qualified all over again.

Citizenship...well the qualifying rules for that at present annoy me, I am still holding out hoping for the exemption for temp residence, but not holding my breath. However, thats another matter. On the basic visa front, I am eternally grateful that mine was a spouse visa, for all those reasons, but basically cos its cheaper and easier than Skills.

How long have you been married? I think if its 5 years or more, you usually get PR at once, regardless of having children.

supersonic4

Hi there ,we are having the TRA nightmare as well,it is the ARTC but exacly the same thing,I am a electrician so am currantly going though the proccess,having to do courses and jump though hoops to get a licence.
Yes it was easy to get the spouse visa,but why should we (any spouse) have to wait and prove that we will stay together or have to have been married for 5 years or have kids,That doesnt mean that you will stay together. We got married last april,so no 5 year marriage.
Do all the spouses partners of the other visa holders only get temp visa? I don't think so.I am happy to have got mine but it is still unfair that it is a temp visa,depending on if we stay together for the two years.Do all the other have to stay together for 2 years and then get a perm visa?
We are happy and plan to stay together for allways but its annoying that I have to prove we are a true couple,while others don't before we get a temp visa.
Boy do I sound cranky but its true we are treated like we are just using the marriage to get into the country.
Cheers John

NIGENABBY

Hi

My belief (and this is only my belief not a legal opinion) is that if you automatically got the PR from being married to an aussie there would be a spate of fake marriages to gain PR. If you are together 5 years with no kids it must be a real relationship (seriously could you hang around with a stranger for this period??) and it is shorter only two if you have children. Again would you have a child with a stranger, just to get PR?

We have two children together and we still had to prove we were a couple and it was a genuine relationship and marriage.

Difference is my husband got his visa in 24 hours and not months (or years) as it is in some cases.

When you are together after the two years, my understanding is your visa is rubber stamped to permanent.

I don't think this is what you want to hear, just the rules. I had to go through the same thing going to live in England as an Australian, prove the relationship was genuine etc.

To answer the question, not all spouse visas have to go visa a temp. My husband got the subclass 100 (PR) because we had been together for so long (and we have two children).

Good luck with everything, I hope you enjoy Australia as much as my husband has (at least so far)

Regards
Abby

Wendy

Are you sure that you can't get Centrelink payments, domestic fee's for uni etc.

Only asking because when I was looking for a link yesterday for someone the Centrelink website said that Temp visa holders can't have family tax benefit but that this didn't apply to people on the temprary part of the spouse visa (and a few others).

Worth checking out!.

JAJ

It may well be unfair but it was brought in (1996) due to a serious problem with bogus marriages. As others have noted, long term relationships are exempt from the restriction.

The United Kingdom and United States have similar rules.

Pollyana

I understand you being cranky - I started on a fiance visa, so I had two temp visas to go through before getting PR, and I lost out on at least 4 jobs, purely because of my visa status. I agree with Jeremy though - if PR was automatically granted straight away, bogus marriages would happen far more often. I don't see why PR should be granted at once, just because of a marriage to an Auusie - a committed relationship with an Aussie however, whether married or not, should count for more, I think.

Maybe if bogus marriages didn't happen, then it would be easier - and more justified - to get PR at once

(My personal opinions by the way, not realted to any statement made as a Moderator)