Time is ticking :( How fast is the Spouse Visa?

**SteveandNicole** · 26-08-2009, 12:47 AM

Hi all!

I'm in a tricky situation and it seems as I have no solution but to go back to the UK :(

I've been in Oz for 3 years with my partner - she as a trainee hairdresser and me as de facto.

The papers we lodged for permanent residency in January of this year.

Here's the bad bit... our relationship has fallen apart - has been rough for a while. Without the details - she and I have both met other people over the last 6 months and now she is about to remove me from her application, leaving me with 28 days to depart.

I don't have the correct points or correct skilled occupation.

I cannot apply for a study visa as my bridging visa A which i am currently on has "special conditions" attached which means I have to make an off-shore application as the bridging visa is not a substantive visa.

I am set to get married in 15 days to my new partner who also has a young son - I really don't want to leave them for 3-6 months...

How long is the spouse visa currently taking to process at the moment?

Does anyone have any ideas as my time is ticking away :(

Thanks for reading - have a great day!

Steve

**eurosyl** · 26-08-2009, 01:49 AM

I have a friend that got married to an Australian partner in October 2008, applied in Oz for spouse visa and is currently still waiting. But her marriage made her eligible for a bridging visa that allowed her to remain in Oz for decision. I understand that your current visa prevents that?

I understood that handling of offshore spouse visas is in general faster, but from other posts I remember that it may take about 5 months at this stage. I hope someone with hands-on experience in this can give you a better estimate.

Good luck,
Sylvia

**The Yuills** · 26-08-2009, 02:34 AM

Hi Steve,

I hope I am wrong but I thought you had to be able to prove that you have been in your relationship to 12 months, regardless of marriage. Hope someone comes along with the info for you.

Sue

**eurosyl** · 26-08-2009, 02:45 AM

12 months requirement does not apply for married couples but is used to qualify as defacto relationship.

**SteveandNicole** · 26-08-2009, 07:53 AM

Hi again,

Thanks for the replies guys :)

After several lengthy conversations with immigration, it appears that it's my current lack of a substantive visa which is causing the problem for me.

Sue, the 12 month thing is not applicable if you are married ;)

5 months is very dis-heartening to say the least...

Has anyone else been through this recently?

The actual spouse visa doesn't really matter if I could get a bridging visa...

**SteveandNicole** · 27-08-2009, 03:30 AM

Can anyone see a better option than this offer to help for $5000AUD?!...

Hi Stephen & Nicole
Further to our brief meeting today, we have considered the relevant criteria against Schedule 3 and Section 31 of the Act and you current immigration status (i.e holding a subclass 010 Bridging Visa “A”), as mentioned at the meeting, to seek a waiver to allow you to remain in Australia on a further Bridging Visa “A” would not be a reasonable utilisation of your time and money, our advice is that it would be cheaper to travel offshore such as New Zealand or Vanuatu and return on an ETA (Visitor Visa) we will then immediately lodge a partner visa application and as an onshore visa application, you will then be able to gain a Bridging Visa “A” until such times as a decision is made on the application (approx 5 months). As with all things, you always run the risk of being questioned by Immigration upon your re-entry as to your intentions as a genuine visitor, we will properly advise you in this area in the event that you may be questioned – most unlikely but possible.
When we lodge the application and you find difficulty in managing finances, we can apply to Immigration for permission to work under hardship provisions, I don’t like to do this unless we really see a need, as it undermines the credibility of the sponsors ability to support you (Stephen). We have done it many dozens of times with no real problems but we need to be cognisant of the fact that Nicole is currently receiving a Centrelink benefit and therefore would struggle(in their eyes) to care for any other person. Financial capacity does not play a primary role in the decision making process.
We do not have a lot of time to get things ready and I am aware of your need for speed so, attached are questionaire’s to complete and either email back or if the recent security changes on Acrobat prevent it, fax or drop off to the office.
The Sponsors questionnaire is for Nicole and the applicant questionnaire is for Stephen

This is from a local immigration specialist here in Queensland

**Lollii** · 27-08-2009, 03:39 AM

Hi There,

I am a Australian citzen by decent and me and my partner ( defacto) put in an application...we had an answer in 1 week!! We do have a baby here together tho.
I am not to sure about the spouse visa but i am pretty sure that if you have lodged an application & waiting on them to give you an answer i think they are obliged to give u a bridging visa??
I was waiting for my citzenship back in jan ...i only had a 3 month temp visa..and it had ran out before i got citzenship & i went up to the perth office & they said they had to give me a bridging visa whilst waiting for an answer...I'd give them a call..or www.immi.gov.au

good luck xx

**SteveandNicole** · 27-08-2009, 05:09 AM

Originally Posted by Lollii

Hi There,

I am a Australian citzen by decent and me and my partner ( defacto) put in an application...we had an answer in 1 week!! We do have a baby here together tho.
I am not to sure about the spouse visa but i am pretty sure that if you have lodged an application & waiting on them to give you an answer i think they are obliged to give u a bridging visa??
I was waiting for my citzenship back in jan ...i only had a 3 month temp visa..and it had ran out before i got citzenship & i went up to the perth office & they said they had to give me a bridging visa whilst waiting for an answer...I'd give them a call..or www.immi.gov.au

good luck xx

Hi,

Thanks for the reply.

I've been told by immigration that I cannot lodge an applicatiion as I am here in Oz. The conditions attached to my non-substantive visa are that I have to make an off-shore application due to the bridging visa I am already on :(

I was trying to find a way of not leaving the country - we don't have much money and i've already sold my car, my motorbike and other things just for the flights... If I could stay, we could use the money for a bond for a rental together. Tough times at the moment.

The spouse visa, according to the immi website is $2500 if I don't have a substantive visa. Not good.

If I had to leave for a month, I could just manage that...

I'm from Warrington by the way, just down the road from you !

**Lollii** · 27-08-2009, 05:16 AM

Originally Posted by SteveandNicole

Hi,

Thanks for the reply.

I've been told by immigration that I cannot lodge an applicatiion as I am here in Oz. The conditions attached to my non-substantive visa are that I have to make an off-shore application due to the bridging visa I am already on :(

I was trying to find a way of not leaving the country - we don't have much money and i've already sold my car, my motorbike and other things just for the flights... If I could stay, we could use the money for a bond for a rental together. Tough times at the moment.

The spouse visa, according to the immi website is $2500 if I don't have a substantive visa. Not good.

If I had to leave for a month, I could just manage that...

I'm from Warrington by the way, just down the road from you !

Hey,

Oh wow...there has gotta be a way!!

When i was in imigration there was an indian woman siting in the booth behind me.
Now she never had a visa and her passport had expired!! she was only on a working visa!!!!
You know what happend???
They gave her CITZENSHIPP!!! i was shocked... They boked her in for a citzenship resitle thinggy!!

Well i am sorry i could be of help...Just shows...Fight to stay you never know...Everythng happenss for a reason i believe xx

Good luckk

Warrington yayya haha xx I am from huyton xx

**SteveandNicole** · 27-08-2009, 07:45 AM

Thanks for the help :)

I'm going to immigration on Monday to see if there is anything I can do as I can't really afford to fly away for months and stay in NZ where I know nobody :(

I have a job waiting for me right here - only IF I get the visa.. such a pain.

Other option is to go back to the UK but again, the flights alone cost a fortune!

Sad thing is i've been here for three years and will be married in a couple of weeks - to go home will be nothing but depressing...