Hi,

My spouse's visa, subclass 309 has been granted 2 months ago. Ever since then, she's been in Australia together with me.

We have been together since September 2007 and legally got married back in May 2009.

I was told that if we have been together for 3years, wife can be granted subclass 100. Unfortunately, we overlook that when we file our application last time. Hence, now she's under subclass 309.

With a 309, she can't study as she needs to pay international student fees. Also, most of the employers doesn't want to hire people with subclass 309 or those with provisional visa. It's very disheartening and we were thinking of moving back to Singapore.

1) Is it possible to seek DIMA and apply for the 2nd stage at the moment instead of waiting for 2 years period to be over? We have everything to show and there's nothing to hide.

2) If not, should we lodge an application again?

3) Any other alternatives?

Hope you guys can shed some ideas.

You can reapply for a Spouse Visa and be granted PR 100 automatically. You would have to pay again but it's quite legal to do so in your situation.

If you're thinking of returning to Singapore, you could do this for the next couple of years - as your spouse applied offshore, the permanent visa (subclass 100) can be assessed either onshore or offshore.

This way it may be an option for you to return to Australia when your spouse has a permanent visa, with no extra visa application cost for Australia.

It is really disheartening. Wife applied for banking jobs but all turned down as they want only permanent resident.

Cost of living in Australia is high. With me alone working, things are going to be tight.

I do not know whether it is possible to contact DIMA and ask them to speed up the 2nd stage process? Otherwise, I do not mind paying another 1500++ to lodge the application again? Is it legal?

If she's not able to get a job, most probably we will be going back. Sitting at home and doing nothing can drive a person crazy. It is so demoralising.

Post 2.

Applied for any other kind of work? It is possible to find employment on a 309 - I found a permanent job when I had a 309.

In the beginning, I did some volunteer work to pass the time and gain a work reference. In the interim, your wife might benefit by looking for contract work instead of permanent. Before you know it she will have her PR!

You can get a job on Temp Spouse, it just takes persistence. Also be prepared to explain to employers that the visa leads to PR after so many more months (approx). Most employers see Temp Visa and assume the person will be returning home. A Temp Spouse Visa is less common and usually has to be explained. I had several different jobs while on Temp Spouse including Aus Post, RACQ and Qld Govt, so it can be done

If you want to do the process onshore, you need to apply for the subclass 801 visa.

And if the occupation is a skilled level, an (offshore) ENS/RSMS visa sponsored by the employer might be the solution. Many employers are concerned about the employee having to leave Australia at short notice if their spousal relationship breaks down. Once employee has a PR visa, problem is solved (although those getting RSMS need to understand the 2 year employment commitment).

you cannot reapply for 100 visa of course. 309/100 is basically the same two stage offshore visa.

you could apply for onshore 801/820 partner visa and since you meet 3 year period requirement and given docs ok, your wife will get 820 straight away which is PR.

820/801 i mean

You can reapply for 309/100 ... but you must go offshore to do so.

820 is temporary, 801 is permanent.

i corrected myself see above

Is that true? I thought spouse must live in Aus for 2 years on provisional visa before being granted the permanent one. So you are saying if the visa is applied at offshore then post validation a couple can live offshore for say 2 years which will then lead to auto grant of perm. visa (assuming ongoing relationship after 2 yrs)? I don't think so. I guess spouse has to stay onsite for 2 years to be granted perm. visa (subclass 100). Can you please shed some more light on this?