domco77

Dear all,

I was wondering if anyone here had experience of applying for the Temporary Spouse Visa s/c 820 whilst in Australia after arriving on a PMV?

Basically my PMV expired a couple of days ago and I had sent my completed Temporary Spouse Visa off to Dept of Immigration here in Sydney a few days before it expired. We married at the end of December last year. Am a bit concerned as DIAC never contacted me regarding my PMV expiring and not sure if I automatically go onto a 'bridging visa' or not?

Help!

Dom

SillyOldBag

I came over on a prospective marriage visa as well and handed my application in to the local immigration office. This was a couple of days before my PMV expired, I was told that I would then automatically go on to a Bridging Visa pending a decision re the temp spouse visa. The bridging visa has the same terms/conditions as the PMV.

Did you pay by credit card? If so, have you checked to see whether the money has been collected? That would be the first thing I did and then if that doesn't show they've received it, I'd be inclined to phone the immigration line to get them to confirm that they have received your application and that you are on the Bridging Visa.

domco77

Thanks a lot for your advice. Paid by credit card but cash hasn't gone out yet but will chase up as only submitted it last Wednesday. Was just a bit concerned that I'm here illegally as my Visa has expired...!

SillyOldBag

I understand what you mean about worrying - I have nothing in writing to say that I'm allowed to be here now but according to DIAC their records show that I'm on the bridging visa, so not to worry! It's just a bit unsettling! Good luck with your next stage of the visa - apparently it can take months to process but on the plus side at least we're in Australia with our loved ones!

welshtony

As soon as DIAC receive the application and deem it to be valid, they receipt the fee and the system automatically grants the Bridging Visa - a Bridging visa A if they receive the application before expiry of the previous visa OR a Bridging visa C, without permission to work if they receive the application after the expiry of the previous visa.

So you need to confirm:

1 they have the application and
2 the date they received the application

Regards


Tony Coates
MARN 0635896

domco77

Cheers - will give them a call tomorrow. According to Auspost my application arrived on the same day my visa expired - cutting it close I guess! Hoping I get a Type A bridging Visa as got a job here ,would be a shame for them to say I no longer have working rights....

domco77

Phoned up DIAC today, after being on hold for 1/2 hour relieved to hear my application was received on the day my Visa expired, have been put on a Type A bridging Visa. Was quoted 6-8 month wait whilst they process my temp spouse visa at Sydney!

domco77

Cheers S.O.B! Yep, at least I'm over here with the missus!

JAJ

You were lucky it arrived on time ... for the benefit of others, it is usually better to hand deliver critical applications (if the visa class allows this).

You will need a Bridging Visa B if you need to travel. As far as I know, you are also now entitled to full Medicare.

domco77

Yep...a word of warning to others I guess. Always knew it was going to be tight as entered Oz last May, wedding was end of December - the delay was down to waiting for our official wedding certificate to be issued by Dept of Births + Marriages etc. Suspect now that DIAC may not necessarily require that document, rather a copy of the marriage certificate issued on the wedding day.

JAJ

Unless the law demands that a particular document be supplied with the document (and in the majority of instances it does not, despite forms suggesting otherwise) it is usually better to lodge the application anyway while still lawful.

There are exceptions, such as skill assessment for skilled visas, but hundreds, if not thousands, of people have got themselves into a mess by delaying an onshore application (and becoming illegal) because they were waiting for a document.

SillyOldBag

That's great news that it was received on time!! Panic over eh!! I was told 6 - 8 months as well - mine is at Brisbane though!

That's my understanding but I'm going in to see Medicare this week to sort it out for sure!

To be honest, I think it IS the official document from Births, Marriages, Deaths that you need so you were right to wait*. I think it specifies somewhere that the one you get on the wedding day won't do!

*obviously JAJ makes the valid point that you shouldn't wait to the extent that you put the application in jeopardy by not meeting the deadline!

JAJ

As far as I know, once they confirm you are eligible for Medicare, it means two additional things:

- if you were exempt from the Medicare levy, that now stops; and
- your 12 month period to take out health cover without paying an age loading starts (unless you are aged less than 31)


Not a reason to become illegal before lodgment ...

SillyOldBag

I didn't know that the 12 month date to take out health cover starts then - I thought it had already started - so that's good!

And re the "illegal before lodgment" - I saw your post after i had replied and edited it to acknowledge the point you had made!

domco77

<wipes brow> !