peachpurpleblue

Hi
I'm wondering if anyone can offer any help with the following dilemma. I'm about to lodge my paperwork for the partner visa 309 (well nearly all ready to go) My husband and I are planning to have a second child, if I apply for my visa and am granted it - would I be able to put off entry into Australia if I fell preganant (I'm also aware that I may not be able to have the medical if pregnant), my understanding is that once the visa is granted I would have two years to enter the country but the medical and police check will only be valid for a year. Maybe I would need to direct this question to the DI&C? any advise on this on the website?

Any responses greatly appreciated.

Janet

Dorothy

It may seem like a silly question, but if you're not planning to go to Australia for another couple of years why not wait until then to apply for your visa?

JAJ

Because it can take months to get visa, better to have it done in advance?

Pollyana

You generally get a year to enter the country, but in extreme circumstances then DIAC have been nown to change the entry date. They won't do it without very good cause, but being medically unable to fly should be a good reason.
If you frontload it - send the medical and pcc in with the applciation - then you can get the medical done upfront and then its out of the way, which removes that problem at least.

roaringmouse

Definitely frontload the medical and police check if you can, as already suggested. You don't need to wait to be asked by DIAC in London before you get these - especially for a spouse visa, which are generally processed in a reasonable timeframe (e.g. mine 5 years ago took 3 days, but I don't know current time frames). Getting medical now also means you can get pregnant after you've had the x-ray without worrying.

If you've been married for 2+ years, as you have a child you would likely be granted subclass 100 not 309 (i.e. PR rather than TR). Without a child, then it's 3+ years of being married.

Also, you have longer than 2 years to move to Australia once visa is granted. You obviously still need to validate the visa within 1 year of either medical or police check (whichever is earliest), but after that if you have 309 (TR) you can be assessed in 2 years time for PR whilst still living in the UK - which gives you almost 7 years before you would have to move.

If you're granted PR (subclass 100) straight away then you have 5 years to get there (as long as you validated of course).

Bermudashorts

I agree, it might take months to get a visa, but it won't take years. If you won't be moving for a couple of years, it sounds like it could make sense to apply nearer the time.

roaringmouse

I don't see the problem in applying for a spouse visa earlier than intended move, as you don't need to move over immediately (but as I said in my previous post, visa does need to be validated as normal). When I applied for my spouse visa, we weren't intending on moving to Australia for at least 3 years after that, possibly more (and therefore would have the second stage (PR) assessed in the UK). In the end we moved almost 2 years after the visa was granted, and has the 2nd stage assessed in Australia.

Bermudashorts

I am sure I didn't say there was a problem with applying for visa earlier than it is needed.

But OP seemed concerned about being able to validate etc and thus was agreeing with Dorothy in suggesting that delaying the application might be a sensible option.

Shellyj

If your concern is validating here is the reply I recieved from my CO when I informed them I was pregnant during processing. I was concerned I would be unable to validate if the visa was issued too late.

"You will still need to adhere to all the requests to provide further information and provide within the deadline ( unless there are extenuating circumstances as to why you are unable, which is the case for all applicants) Ordinarily, where an applicant has been granted a visa, they would have many months to make initial entry to Australia and activate their visa. Once this is done, you can choose to re-enter to actually move to Australia at a more appropriate date. Usually the delay with pregnant applicants is that we cannot proceed to grant a visa as the applicant cannot do their chest x-ray while pregnant and therefore cannot meet the health requirement ( until after the child is born) This is not the case with yourself as you have already done the chest x-ray and we will proceed as normal with your application."

So basically if you are not pregnant and have done your xray they expect you to validate pregnant or not unless you are hospitalised or something!

In the end my visa was issued on the 18th Feb with an enter date of the begining of October. Baby due July 19th (4 weeks to go ) We managed to validate over easter couldnt do it any other time as hubby is a teacher and we couldnt do it over summer break given my due date. Last minute flights are expensive grrr and although I wasnt that big I got some grief off the flight stewards, constantly asking if I was fit to fly, thought at one point they were not going to let me fly!

As for not moving straight away, we're not now given bubs is almost here and maternity pay here etc. Also after reading lots we're thinking it will be easier to find work once I get the PR after 2 years, dont want to be unemployed in Aus with a baby!

JAJ

Another reason to get the visa early is that it makes it possible (for spouses of Australian citizens) to start the citizenship clock ticking - section 22(9) of the Citizenship Act.

peachpurpleblue

Thank you all very much

Janet