Keep me in oz

I wonder if they can decline them if you put an app in now but the legislation isnt in affect yet! a declined application might be a bad tarnish right?

1 hour ago, Sheila said:

Does this effect people who are currently on PR and not applied citizenship yet ?

It sure does hun!

4 minutes ago, briman said:

I have been eligible for the last few months and have been filling out my form online and getting a few documents like movement records and things. Just hadn't clicked the submit button...

I have a friend in the same boat, she is submitting hers today though just in hope she will get in with the old system. she isnt eligible under the rule of the new system at present. 

One would hope English people are exempt but i doubt it, the test has to be taken for other visas even if you are English so i cant see why this would be different!

2 minutes ago, briman said:

Yea it's the same question I am asking, because I guess so many people are in the same boat as me whereby they qualify now but under the new process they wont for a few years.

When are you eligible? Mine is three weeks today! If the system allows me to apply in three weeks time i will be putting my app in i think!

1 minute ago, briman said:

Read further up, new rules apply.

so you think they will sit on the application and then when legislation is passed annul the application or something? or maybe freeze new applications (which they haven't done yet)

Thanks for the posts confirming where it is outlined! Any guesses on what will happen to people who apply after 20th April and before legislation is passed? 

Where does it say it will be back dated guys? i just cant see it for looking? 

54 minutes ago, Nani said:

The new requirements will apply to all new applications for Australian citizenship.thats what it says in Immi site. 

So those who have applied need not to worry 

where does it say this? i cant see it for looking lol!

OMG think it would come into effect immediately!? I have three weeks until I can apply!

I learned so much from peoples stories on this site, so here is mine which I hope you can learn from too!

In May 2014 I applied for an onshore partner visa, my partner and I had only been living together for 8 months but due to financial reasons preventing us from obtain a property together we figured we had a good enough reason for the Department to grant our visa.

In March 2015 this visa was declined. We immediately lodged an appeal with the Migration Review Tribunal and supplied further supporting evidence.

In June 2015 I found out, from this site or one similar, that I could also apply for an offshore visa whilst the decision was being made on my declined application. Although an expensive option, we chose to lodge this as it would save us the pain of selling up and departing Australia should the tribunal not work out in our favour. So in June i went overseas on holiday, after applying for a bridging visa allowing me to depart and return to oz and successfully applied for a 309 offshore visa.

I immediately received an email asking me to provide scans of my fingerprints for identifying purposes. After asking my migration agent, checking the information on the Department's website and even asking an Australian immigration officer at the airport, I returned to Perth with the intention of providing my fingerprints in my local immigration office.

On Monday morning I called the Department to book an appointment in order to provide my fingerprints. To my absolute shock and horror they informed me that I was required to provide this information offshore. I explained to them that I had already returned to Perth and was told my application would never be processed unless I flew offshore again to provide my fingerprints (keep reading it gets better).

So bearing in mind I only had permission to leave and return to Australia for the next 7 days, the validity of my bridging visa, I immediately flew back offshore to provide my fingerprints. An expensive trip I could have done without. I provided the Department with my fingerprints and was advised my application would now be processed.

Still in June 2015 I returned to Perth to await my application to be process and for a hearing with the MRT.

Meanwhile, I lodged a formal complaint with the Department and subsequently the Commonwealth Ombudsman about the lack of information provided in the Departments request for my fingerprints... I was like cmon guys if you had written the words 'this must be done offshore' it would have been as clear as day that I needed to provided them whilst overseas!

After a couple of months of waiting I finally got a response from them... so it turns out I could have had my fingerprints could have been provided in Perth and they sent me back overseas incorrectly... can you even imagine my emotions when receiving that email??!?! They did apologise though! Pfffft!

Anyways on to the compensation claim, so as a result of incorrect information which directly casued me to be at a financial loss, I lodged a compensation claim though the CDDA scheme.

In Feb 2016 I was contacted by the Department of immigration in London about my 309 offshore visa, It was ready to be granted but as its an offshore visa I had to go overseas in order to allow this. In March 2016 I travelled overseas again and was granted my 309 Visa.

Also in March 2016 I was given $1900 in compensation by the Department for the incorrect advice on my fingerprints. At least they paid for my airfare, accommodation, and taxis hey! Oh and my leave from work!

On March the 15 I heard from the Tribunal, they had decided to overturn the decision on my onshore application. Thank you MRT!

In May 2016 I was contacted by the Department of immigration asking me to provide new medicals and police clearances. I immediately advised them that I had current and valid ones on their systems as I did them all as part of my offshore visa application. After a few days of confusion on their part and some processing errors I was granted the 801 onshore permanent resident visa! This was all done slightly before the 2 years after my lodgement date too so that is a bonus!

Complicated I know but if any of you can learn from this or have any questions please feel free to ask away

Well what a week...

got my 309 visa granted on 7 March, as scheduled and now have had my declined onshore application overturned by the Tribunal! man i can almost taste permanent residency!

Woop woop!

oh god that is a nightmare! well its time for celebrating then for both of us! no more worries (or at least none after the grant is confirmed ha ha)

oh tell me about it!

I have had one visa declined which im appealing at the tribunal and now just got my offshore visa through. Its still not over it looks like the tribunal are overturning my original decision and I am just short of being eligible for permanent residency (I applied almost two years ago, and had they granted I would be eligible in like 19 days) so im gonna keep pushing for Pr and see how that works out for me ha ha!

I am off to Bali and confirmed my flights with the Department the next day after getting the email. A few days after that she confirmed that my grant had been scheduled for the first working day that I will be away! Exciting times

Where you gonna head to?

@Wkdstyle Congratulations! I fly next week to get mine! its been scheduled for the first day that im offshore! yay!

It would have been if I was offshore though and will be done on 7 March!

Thanks so much for updating this chart! We applied for the PMV 300 and our CO is VR. We also applied ourselves! Have submitted my medicals and police checks and now the waiting begins! Fingers crossed its not too much longer...

My grant isnt reflected on the list

Add me in next time if you want peeps

Hey all,

Any advice on doing the whole 'leave the country in order for the offshore visa app to be granted' bit will be welcome about now! It's approaching the 6 month mark for us and so we want to start planning a trip overseas so that we can be prepared... Has anyone had the experience of being in Aus and having to leave to get the grant? Do they communicate far in advance of the grant being ready? Do they give you a certain time frame to be out of Aus by? How long does it generally take to come through once you leave? All that kind of stuff would be awesome to know!

Thanks in advance

Hey AusCitizen, I just got my email at the beggining of Feb, you will be given 28 days to confirm your departure and will have a period in which you have to re-enter by which is linked to your medicals and police checks. I got my 'depart for grant' email in Feb and had to be back in by the end of May as i was quick off the mark with my Police clearances. I hope this helps!

I am already temporarily employed by the agency, i was just hoping to wangle a permanent job lol! I will await my tribunal hearing! thanks all

@Wheat92 I am currently in Australia so have to leave to have it granted. Therefore its Scheduled for grant on 9 March when I am offshore!

you must be getting close now! exciting times!

My Visa Grant is scheduled for 7 March, at which point I will be in Bali! I am super excited and cant wait for a holiday and to come home with a visa! yay!

Thanks for all your advice on the job front... I will just hold out hope that MRT goes in my favour and I then should have PR as the two yeas would have lapsed.

yea i reckon that would be the case! ah well, MRT here I come then!

Ah well you know what the government is like hey, they like it all firmed up in writing that I have permanent working rights, which I doubt think im gonna be able to get in writing from them ha ha!

There is nothing 'permanent', its work rights. Its not the PR part gives you different working rights to the temp visa. Its the same thing. When you gain your PR the work rights won't suddenly change or anything. The 309 is a temp visa, some employers don't like the temp part, even though providing when the 2 year mark comes round and you are still a couple the PR stage is a formality and nothing changes. Work rights are the same on both though.

 

 

Thanks Snifter, I read that this morning too. Hopefully my employer allows me to get a permanent job then. I assumed it might have said something different as the visa is only temporary. I do wonder what it says on the grant letter though about working rights, does it define it more there?

 

 

What this visa lets you do

 

The Partner (Provisional) visa (subclass 309) lets you:

 

 

• enter Australia and stay here until a decision is made about your permanent Partner visa

• work in Australia

• study in Australia, but with no access to government funding

• enrol in Medicare, Australia's scheme for health-related care and expenses.

 

Thanks Snifter,

I too read this earlier.

I wonder whether the grant letter says anything more about working rights than this information?

I would be eligible for the 100 so just the 309...

In order to obtain a permanent job with my employer i need permanent working rights. even though I have a temporary visa, do you think I will have permanent working rights then?