Hi all
I am so p*ssed off! My parents were planning on coming out to Oz early next year (Dad can't fly so they had paid a deposit on a cruise and they only leave UK every january). They had arranged a year's holiday visa but it has a restriction on it in that you can't renew it. Their intention was to apply for a CPV before they left UK as they would very much like to join us here, we are a close family and being apart is killing us far more than we every anticipated. However......unless I get my temp spouse visa upgraded to PR within next month or so they can't do this.....It's so frustrating trying to deal with DIAC, I have rung numerous times, faxed, been up in person and all they will tell me is that I have been allocated a case worker and letters have been sent out (I have received NOTHING!). I ask them if they could tell me the name of my case worker so I can get in touch but they can't do this.....all they keep telling me is there is a huge backlog, blah blah blah! All I want to know is who my case worker is so I can contact a 'name' and take things from there but apparently this information isn't on their computer.....grrrrrrrrrrrr bloody bureaucrats!!!! Meanwhile we all feel in limbo and don't know where we stand or what's going on......
Hi Kola12 (Karen)
Hang in there - but i understand how you feel and how espec with parents it makes you feel worse - my parents are coming out in November for 3 months (they currenty live in spain) and i hope to sponsor them when i get my PR (spouse visa) which should be aug 08
Hope you get all sorted out really soon and hear some news that you wnat to hear.
best wishes
gizmo
__________________ ** Here There,Where Ever Be Happy**
Oh poor you, how frustrating. Unfortunately Government Departments - whichever country - are only there to block and annoy you - God forbid they should be helpful.
Can't help, but just wanted to send cyber support.
Hang on in there, you will be OK in the end.
Jean.
__________________ 27/07/07 Acknowledgement - 13/06/08 Case Officer! 03/07/08 AOS paid 09/08/08 2nd VAC Request 22/09/08 VISA GRANTED
Grab yourself a bottle of chilled Holy Water. Drink the contents and then you can always put a message in the empty bottle which you can then release into the ocean which may eventually get picked up by some deranged sailor and passed to the right case officer.....this may be quicker than trying to phone!!!!
Failing that you could just lob the empty bottle through DIAC's window to get attention....!
(dID i JUST SUGGEST THAT...FORGIVE ME OH Big Cheese..)
__________________
Andy 44 (electronics Hardware engineer), Sarah 44 (International Sex Goddess, member of the Roly Poly's), Lizzie 9 (animal lover), Sophie 6, (professional tearaway)
Started STNI Application 01/05/05, Enineering Qualifications approved 19/01/06, STNI sponsorship Adelaide 22/2/2006 (we lost the plot for 6 months here!!!!) Visa application lodged 5/10/06, Medicals requested 16/2/07, Medicals started 28/3/07, Police Checks sent 31/3/07. Meds sent 17/05/07, VISA GRANTED 4/6/07
Have you considered ringing them and asking whether you can go to their office and collect a copy of the missing letter or letters? After this long, I reckon it /they must have gone astray in the post. If they will at least let you do that then you will have a better idea of where you and your parents are with all this.
I will e-mail you later. Still at work at the moment.
I know that this is absolutely harrowing for you and I think you have done absolutely the right thing by mentioning it on the forum so that we can all pitch in with trying to offer you and your parents some moral support, honey.
All the best
Gill
Last edited by Gollywobbler; 01-08-2007 at 06:07 PM.
Reason: Typos
We have some issues here ... the first is that one of the requirements to sponsor a parent to Australia for a contributory parent visa is that they are sponsored by a child who is a 'settled' permanent resident. 'Settled' as a matter of policy is having PR for at least 2 years, so hence a big problem here. I note that you are currently on a 820 - temporary spouse visa which is not permanent residence, so big hurdle here.
Also, do they pass the balance of family test? How many children do your parents have between them (including natural, step & adopted) and where are they in the world at the moment? They need at least 50% of these children in Australia or more children in Australia than anywhere else in the world.
We have some issues here ... the first is that one of the requirements to sponsor a parent to Australia for a contributory parent visa is that they are sponsored by a child who is a 'settled' permanent resident. 'Settled' as a matter of policy is having PR for at least 2 years, so hence a big problem here. I note that you are currently on a 820 - temporary spouse visa which is not permanent residence, so big hurdle here.
Also, do they pass the balance of family test? How many children do your parents have between them (including natural, step & adopted) and where are they in the world at the moment? They need at least 50% of these children in Australia or more children in Australia than anywhere else in the world.
Let me know and I'll be happy to advise further.
Regards,
Hi All
I think the crux of this is as follows:
Karen's 5th wedding anniversary is sometime this month. Currently she holds a subclass 309 temporary spouse visa. Her application for the permanent subclass 100 PR spouse visa is currently dormant because of S100.221 (2A) (c) of the Regs. From my reading of the Regs the effect of that subclause is that her PR application must remain dormant until 2 years have elapsed since the original application was made.
However, Karen is now resident in Aus.
S801.221 ( 6A) states:
(6A) Paragraphs (2) (d) and (2A) (c) do not apply to an applicant who at the time of making the application was in a long‑term spouse relationship with the sponsoring spouse.
A "long- term spouse relationship" is defined in S1.03, which states:
long‑term spouse relationship, in relation to an applicant for a visa, means a relationship between the applicant and another person, each as the spouse of the other, that has continued:
(a) if there is a dependent child (other than a step‑child) of both the applicant and the other person — for not less than 2 years; or
(b) in any other case — for not less than 5 years.
Since there are no children, sub-clause (b) plaiinly applies.
Ergo, why can't Karen wait until the day after her 5th wedding anniversary and then, on that day, make an immediate application for a subclause 801 permanent Spouse visa instead, relying on S801.221 (6A)?
The POPC is known to have a relaxed attitude to whether or not the child is "settled" in Aus. Their attitude is that this is a question of Policy only, not one of strict Law. Facts drive the Policy, not the other way round.. The PAMs admit that there can be exceptions to the "general rule" if the facts warrant making an exception, plus it is well-established that time in Aus on a temporary visa counts towards becoming "settled" there.
If a subclass 801 application could be slammed through FAST, then I think there is still time to pull this together in time for the January 2008 sailing.
This is NOT my own field of Law and I do NOT pretend to be an "expert" in it. However, I've pulled hairier deals than this one together in my time!
I think we need to focus on what CAN be done rather than on that which supposedly cannot be done.
Cheers
Gill
PS: Copying & pasting the legislation has stuffed up the formatting of this reply, but that is a trivial issue, I feel.
Last edited by Gollywobbler; 02-08-2007 at 09:49 PM.
Reason: Typos MANY!
