donovandenese

My Australian husband and I expect to submit our spouse visa application within the next month. It will be front loaded with police checks, medicals etc. We have been in a defacto/spouse relationship for over 5 years so would hope to get the spouse visa 100 permanent residency.

My question relates to my medical - I had my medical done on 1st June 2007 and sent direct to the embassy in London. Originally we had planned to move in 2007, but due to a close family bereavement we delayed our plans until now. Back in June 2007 we hadn't been in a de facto/spouse relationship for over 5 years and were expecting to get the spouse visa 309 temporary residency. The medical may say on it that this is the visa we were applying for and which the medical relates to.

Will this jeopardise us being granted the visa 100? should I have another medical now just to make sure?

Any suggestions?

EvannTel

I wouldnt worry too much. The medical is valid for 12 months. You may well not get a subclass 100 either way. We'd been together 5 years also as defacto - the only period interested was previous 12 months (despite us submitting material prior to this) and got a 309 (or is it 390). Either way it doesnt really matter or make any difference which visa you have.

Pollyana

The medical is valid for 12 months, but you will probably be given a date for validating the visa, and that date is usually 12 months from polcie check or meds, whichever was earlier. So if your meds are dated June 1st, be prepared to travel to Aus by June 1st.....

donovandenese

the australian embassy in london confirmed to us that if my husband and I have 5 years proof of de facto then we would get spouse visa 100 - as that isn't a matter of discretion for the case officer.
it does make a difference to me whether I get a permanent or temporary visa as quite a few of the job vacancies I am interested in require permanent residency

SillyOldBag

Hello

Obviously your form when you submit it will indicate that you are applying for the subclass 100 visa, so I don't think the fact that it says the temporary one on the medical should matter. However, I generally like to cover all options so to be on the safe side, rather than just hoping they don't notice the difference in visa subclasses, I would suggest doing a covering letter with your application explaining the circumstances as to why it was the temp visa on your medical and now the permanent one because 5 years has passed. The medical is the same regardless so it shouldn't make a difference to them, the only important factor as Pollyanna points out is the date of your first entry will be pretty damn soon!!

Good luck with it all!

donovandenese

thanks for the info all - as long as we get the visa sorted we're fine to go by june - no house to sell, lots of loose ends already tied up here and currently staying with family to spend time with them before we go. Flights are also cheaper from mid april til end of may. luckily we also have family to stay with on arrival til we have jobs and accomm sorted....we're alot luckier than many people posting on here with houses to sell etc

JAJ

That is wrong. If you have been living together for 5+ years at the time of application you should have been granted a 100 visa. It is not based on the whim of the case officer.

Did you provide sufficient evidence to allow case officer to assess the full 5 years? If yes, you should challenge it immediately and ask them to grant the 100 visa straight away.

donovandenese

I'm so glad you said that

EvannTel

Hmmm very interesting. It really doesnt make a difference to us which visa OH is one. She's had no porblem with employment on temp visa (but then hasnt applied for any Gov jobs which I believe do require permanency).

I wonder if its worth challenging or just bide our time for another 15 months?