BlinkyBill

We're about to apply for a spouse visa for my wife. Thing is, we're 3 months short of being married for 5 years. We've read the bit that says once you're married 5 years you get to go straight to a permanent visa without waiting 2 more years.
Do they still apply the 2 year wait even if you apply for a temp (309) visa with less than 2 years until your 5th anniversary?

tia
BlinkyBill

George Lombard

Hi BB,

If you've got kids, the relationship only needs to be of two years standing. Otherwise it's 5 years and you should be mentioning to the case officer in your covering letter that you'd like the grant to take place at a date when she's eligible for a PR visa. Of course, if you lived together before the marriage and have some evidence of that then you wouldn't need to worry, you're probably there already.

Cheers,

George Lombard

www.austimmigration.com.au

JAJ

It's only 2 years if you have any children.

Yes. Any time shortfall (as of date of application) and you'll spend the full 2 years on the temp visa. This may influence your planning as regards when to apply, but there may be other factors too. Maybe worth getting professional assistance?

One work-around (if you get the temp visa) is to reapply for a spouse visa onshore in Australia once you comfortably have the 5 years, but this involves a new application fee. Get professional advice if contemplating this.

If you are in Australia and applying onshore, the temp visa is an 820 not a 309.

Jeremy