Tking,

I take on board your comments and thank you for sharing them. I acknowledge that I could have worded my response better and more thoughtful to Polly.

Polly did answer Dan's question but in the absence of other pertinent information. I could be wrong but I think Dan's underlying desire is to know whether there is a quicker way to PR, and if any legislative provisions exist then I think he ought to be informed of them, that's all.

I believe Polly's intentions were good.

It would be useful to know for future questions if there is a quicker way to PR for people on Temp Spouse Visas. I would assume (and I admit it's only an assumption) that if you have recently been granted a Temp visa rather than an immediate Perm spouse visa then you are not eligible via having a long term relationship or having kids? Or wouldn't you have got the perm visa immediately?

Therefore, PR (in the short term, before dan's 2 years as temp are up) would rely on PR via skilled or sponsored would it not?

Normally people who qualify for PR get it immediately, but sometimes DIAC officers make mistakes. Or they have not given evidence of the cohabitation period required to get PR.

If that is discovered later, then it can be resolved.

The other situation that sometimes arises is where a couple reach the "long term relationship" threshold during the 2 year temporary visa period. In that case, DIAC will not shorten the 2 year period. However, there is a work-around if you are prepared to spend the application fee again - make a new application for a spouse visa.

Leaving that option aside, another way to get PR sooner than the 2 year period is skill based, either through general skilled (points tested, state or family sponsored), or employer nominated, such as ENS/RSMS. Onshore options may not be available, but offshore options usually are.

And then there are the standard concessions (death of spouse, access to children, domestic violence).

I'll end this by saying that professional assistance adds value in all of these scenarios as they are quite case-specific.

Tking,

The permanent visa may not have been granted for a few reasons:
1. Case officer may have overlooked the exception clause relating to two-year waiver. Many instances of case officers misinterpreting policy/legislation and applying policy (PAM – Procedure Advice Manual) instead of Act/Regs. (Act/Regs prevails over PAM). Numerous examples of this are published on www.mrt-rrt.gov.au (Tribunals partly exist because of CO errors) or try the Fed Magistrates Court, Fed Court or High Court for examples of ‘Jurisdictional Errors’ that have progressed to the courts. Law is to the point.
2. Applicant may not have addressed the two-year waiver point in his application.
3. Applicants may have been together for more than 2 years but less than 5 and had a child after the temporary visa was approved.
4. Applicants may have not met the two-year waiver criteria at TOA but during temp stage.


Other grounds, not applicable to OP, for the two-year waiver are:
- Domestic violence
- Separation/Custody issues involving children
- Deceased spouse

Alternatively, there is the option of a GSM application or a student visa - not advisable given 2 year study requirement, expensive and client would have PR off the spouse visa before the GSM(off the studies) was approved.

Regards,

Geoff Ward
MARN 0851489

Where someone does not qualify for the PR visa immediately but does qualify for GSM 175, they can go for the temporary visa (or fiance visa) to get to Australia more quickly but at the same time lodge a standard 175 visa.

This could cut the waiting time for PR from 2.5 years (including processing time for PR stage, longer for those arriving as fiances) to perhaps less than 1 year.

Two application fees, plus a need to go offshore for visa grant, so not for everyone, but the option is sometimes there.

The 'not advisable' comment related to the student visa not the GSM.

My post is quoted in yours above. I did not say he could not apply for it. I said that the rules would be the same whether he was married or de facto. That is what I have ben told by agents in the past.

I can only suggest to the other well-meaning folk posting on here that maybe we should all keep our information to ourselves and just let the agents reply. That is certainly what I will be doing from now on.

Wow - Can of worms or what?

I am tipping that me presenting a mariage cert to DIAC wont alter the 2 year waiting period between Temp perm and perm perm.

Am waiting for my Immig Agent to get back to me to confirm...

Thanks for the advice / discussion...

That is correct, at least based on the rules, ... but you may have other options, depending on your circumstances, as outlined in the thread.

And it's correct. The only circumstance where legal marriage makes a difference is that one can be considered a "spouse" without 12 months cohabitation. Which isn't relevant to the discussion here.

And without wishing to be pedantic, if someone has the temporary spouse visa, that person has already applied for the permanent visa. The application is simply on hold.

Geoff,

with deference to Polly it seems that in context she was saying that you couldn't get past the two year provisional visa stage any quicker by marrying.

On the other hand it's certainly true that a fresh spouse application when the criteria for PR have been met is a viable way of bypassing the second stage wait for your original application. My understanding is that you were suggesting that valuable insight however the message seems to have been lost in all the heat.

She doesn't seem to be aware that there was any other interpretation of what she said and I would normally suggest a quiet PM to an inconsistent poster - particularly as moderators have the power to amend or delete all posts and you'll need their help from time to time.

My two bob's worth. Finished now. This post will probably get deleted shortly.

Cheers,

George Lombard

George,

You've made some valid points and I appreciate your comments. Will be sure to take a fresh approach next time.

Regards,

Geoff Ward

Errr... surely Dan has an answer?

Marriage makes no difference per se if you have 12 months cohabitation before you apply for a temporary visa.

Once you have a temporary visa you can either wait 2 years for it to become permanent or, if you qualify for a permanent one during the 2 year period (because you have by then clocked up five years cohabiting or have a child together plus two years cohabitation) you can make a second application, this time for one which is immediately permanent.

That's my interpretation of what's been said above. No doubt Geoff will correct me if I'm wrong.