freakedass

She has already applied for the PR visa - that is done when the original application is lodged. As long as the marriage is ongoing there is no reason why it wouldn' be granted. Neither of you have to be in Austraalia for this.

Just ensure that DIBP are kept up to date with your wife's contact details.

Thank you for your response. Will definitely keep DIBP updated.

G'day Everyone,

I have a question regarding spouse visa and future Permanent Residency Visa for my wife.

Background info: I happen to obtain my Australian citizenship a few weeks back and was looking out for job options. Surprisingly I got an offer from a company in Abu Dhabi. The offer is very lucrative and seems like a perfect fit for me. However my concern is that my wife is currently on Spouse Visa (309) and she would be eligible to apply for her Permanent residency visa by June of 2016.

What I would like to know is if we plan to leave Australia for a period of 4-5 years, would my wife would still qualify to apply for PR during the June window? Is this something that is going to be valid for her to apply or we will have to start over the process again ?

Thanks.

Leaving every 3 months for a few days should be fine. However, sometimes people have found that upon re-entering they're questioned by DIBP from the perspective that a visitor visa shouldn't be used to basically live in Australia. Other people can sail through Immigration with no questions at all. So you should be prepared just in case you get some questions. The fact that you've already applied for her spouse visa will hopefully be a simple enough explanation as she's 'visiting' you.

Thanks Maggie. I and my wife will keep ourselves ready for any questions that come our way.

Is it possible to get a visitor visa, while waiting for your sponsored spouse visa to be approved? The application was lodged offshore.

Yes you can. I happen to apply one for my wife after we lodged her Spouse visa offshore. She got a one year multiple visit visa with a maximum period stay of 3 months.

Hello All,

My wife had applied for a Visitors visa last week on Thursday 3rd July and was granted a one year multiple visit visa in the same week. However, this Visa grant comes with 2 conditions with a maximum stay period of 3 months.

Conditions on the visa are:

8101 - NO WORK

8201 - MAX 3 MONTHS STUDY

On a side note, we have even applied for her Spouse visa which was done a week prior to applying for Visitor's.

I have a question on the Visitors visa granted.

Since she is been granted one year multiple visit visa with a maximum stay period of 3 months, is there a cooling off period where she has to abide too before returning back to Australia? We plan to go to NewZealand or Bali, once her visa expiry date is due. That means, she will be out of Australia before her first 3 months expiry date, and come back again in 3-4 days after staying in another country. Is this going to be alright?

Thanks guys.

1) Under what VISA (spouse) would she would be applying from offshore (India)

 

She applies for the 309/100 which is the offshore partner visa. This assumes you are married or in a de facto relationship. The 309 is a provisional visa, and after 2 years they confirm you're still together, she fills in a few more forms and they then grant the 100 which is the PR.

 

2) If we apply for spouse VISA from India and get all documents ready/ medicals done/ police checks done, can she travel with me to Australia on Visitors Visa for few months? Does her travelling make any changes in terms of timelines in getting her spouse visa granted?

 

Assuming the visitors visa is approved, then yes she can come with you. It doesn't impact on the time for processing her visa.

 

3) In-case she travels on Visitors visa while her spouse visa is being processed back home in India and by the time there is a decision made on confirming her visa, do you think it would be a problem if at that time she is in Australia with me?

 

Since the 309 is an off-shore visa, she will need to be off-shore when it's granted. She should keep DIBP advised of her travel to Australia so they can notify her when they are ready to grant the visa (this is a very typical practice for them). They'll get in touch with her, she'll take a quick trip to NZ or Bali (or wherever, as long as it's off-shore), they grant the visa and she can return to activate the visa. She'd need to be off-shore for about 3 days, but she should confirm that with the CO when they tell her to get off-shore.

 

4) As per the forums I have gone through it takes around 6-8 months roughly to get a spouse Visa granted in India. Any people over here who happen to get their Spouse Visa’s before the said timeline or others who are still awaiting a confirmation after a year or so. If yes, what is the reason for the delay?

 

Different countries take different amounts of time depending on number of COs processing visas, whether the country is high risk vs. low risk, etc. Other factors such as any medical or criminal background issues can affect processing times too.

 

5) One important thing. My GF has a medical condition known as ‘ulcerative colitis’. Would this create any problems while getting her medicals done?

 

It's possible her medical would be referred for further consideration if there's a concern the cost to the Australian Medicare system is above a certain threshold. If it's a concern, you may want to consider speaking with a migration agent who specialises in visas involving medical issues.

Thanks Maggiemay24. This clears few of my doubts. Any idea on 'Prospective Marriage Visa' in terms of the timelines ? Incase my wife's visa is not granted until 9 months (as per the visa timeline on prospective marriage visa which is 9 months) is there a possibility to renew while she is in Australia ?

I'm no expert, but I think it's the Prospective Marriage Visa that you would need to apply for as you aren't married yet and you haven't lived together for the preceding 12 months so you don't qualify for the de-facto spouse visa. The ulcerative colitis will possibly be referred once the medicals are done for further assessment but this is factored in to the timeline. She can travel to Australia on a visitors visa, but you would have to let her CO know that this was the plan so that if the PMV was nearly due, you could liaise as she needs to be offshore for 3 working days so that the systems update as visas are electronic. Generally speaking, it seems from other posts that I have read, that women appear to get their visas more quickly than men from India and Pakistan but I can't say this as a fact and you really have to work to the time given to you by the CO once the application has been submitted. When we lodged my husband's spouse visa, we were told up to 8-9 months, but now, people lodging in London are told at least 8-9 months, so timelines can shift very quickly as far as grant dates/waiting times are concerned. Also, India is a high risk country so you really need to factor that in as well.

 

I'm not sure how much help I've been but good luck with it all.

Thanks, any information is helpful for now. Any further details in terms of 'Prospective Marriage Visa'. What is the time line to get this through ?

Hello Guys,

I have a question regarding spouse VISA application.

I have been in a relationship with my girlfriend for around 12 years and now planning to get married by end of April this year (2014). I am a permanent resident of Australia as well. My plan is to get my girlfriend (later wife) right away along with me once our marriage is done. Hence I wanted to ask you few questions:

1) Under what VISA (spouse) would she would be applying from offshore (India)

2) If we apply for spouse VISA from India and get all documents ready/ medicals done/ police checks done, can she travel with me to Australia on Visitors Visa for few months? Does her travelling make any changes in terms of timelines in getting her spouse visa granted?

3) In-case she travels on Visitors visa while her spouse visa is being processed back home in India and by the time there is a decision made on confirming her visa, do you think it would be a problem if at that time she is in Australia with me?

4) As per the forums I have gone through it takes around 6-8 months roughly to get a spouse Visa granted in India. Any people over here who happen to get their Spouse Visa’s before the said timeline or others who are still awaiting a confirmation after a year or so. If yes, what is the reason for the delay?

5) One important thing. My GF has a medical condition known as ‘ulcerative colitis’. Would this create any problems while getting her medicals done?

I would appreciate your response on the above questions. If possible, try to be as brief and clear as you can so others would gain first-hand knowledge from your experience.

Thanks guys.

Cheers.