GRS
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Posts posted by GRS
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22 hours ago, Robin’s Emigrating said:
Interesting, I didn’t know that was the case. Any idea what’s driving that?
It is also because they raised the so called planning level by 30,000 to 70,000 and then didnt issue as many visas, so will fall short and have probably told to do some quick ones. They also do quick ones to manage the PR re processing times on the website.
MPs like Julian Hill MP have been kicking up a fuss as have some advocacy groups for partner visas about what a shambles the system is.
Furthermore the recent Senate Inquiry (can make submissions until 30 April) means that there is more of a focus on and scrutiny of the whole system, which is broken and a complete mess.
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Finally 309 granted onshore 1 March, Applied November 2018.
Wouldn't wish on anyone in this process who has to wait with their lives on hold, for that long, for absolutely no reason from a processing office that was processing at an average of 10 months in 2018/19.
Anyone else interested in making a submission for the Senate Inquiry into partner visas - here is the link:
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This may help showing number of days for actual processing by month by office for 2019 and 2020.
https://www.homeaffairs.gov.au/foi/files/2021/fa-210100064-document-released.PDF
And afraid but luck of draw if you are processed quickly or not. DHA says they process in order of receipt but they really don't.
Plenty of 2018 and 2019 applicants still waiting from "low" risk countries too, but Government likes to manage the PR around their processing times by doing some "quick" grants.
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Legislative Instrument has been published so it will start from 27 February......
Meanwhile, for anyone interested - yesterday a Senate Inquiry was announced into family reunification visas ie partner visas:
https://www.sbs.com.au/news/australia-s-broken-family-and-partner-visa-system-to-be-examined-in-a-senate-inquiry
Anyone annoyed and hacked off with the partner visa system over the last few years is invited to make a submission....
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22 hours ago, Anais_V said:
Hi all,
I was just wondering if anyone has been able to find more information about the COVID-19 waiver for offshore applicants who happen to be onshore when their partner visa is granted? The official statement that it will be implemented "in early 2021" is so vague, it's really useless.
It did make me wonder though whether they are holding off on granting any 309/100 visas for applicants that are currently onshore until this legislation comes into force. Or maybe I am just deluding myself that there is some kind of rationale for the lack of communication and the frustrating delays.
Cheers, Anais
Julian Hill MP's proposed bill may help encourage/put pressure on the Government to implement the Concession that was announced in November.
They did update the wording on the concession announcement on the 19th January, by now including this paragraph "The Department is taking disruptions arising from the pandemic into account when considering visa applications. Visa applicants are being given additional time to complete the necessary requirements, including any current requirement to be offshore at time of visa grant. A visa application will not be refused because an applicant does not meet the requirement to be outside Australia at the time of visa grant."
So they are clearly doing something behind the scenes, but as for a date to implement, still vague and useless!
They wont grant you onshore at the moment, but they may send you a "your visa is decision ready" email, but then say they cant tell you to go offshore to validate it, but to keep an eye on the covid concession or should you decide to go offshore, to let them know the dates.
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Yes the concession was announced in November to grant offshore partner visas onshore, however it is only due to be implemented in "early 2021"....
You may be able to get a bridging visa A (which is free), but i think you have to have held a valid tourist visa at the time you applied for the 309. I would check your 309/100 application in your immiaccount and see if the option for a BVA comes up.
Otherwise you can apply for another (onshore) tourist visa as long as you dont have a no further stay condition on your current tourist visa.
If you have a 'no further stay' condition then you need to get that waived first before applying for another tourist visa.
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Yes agreed - @ainzlondon79 please don't tell people to ignore timeframe. There are 2018 and 2019 applicants still waiting who applied from the UK.
Processing is not done in order of receipt and it gives people false hope. Each case can be treated very differently and a person's case may not be dealt with by London or be transferred to Berlin (a very quick processing office) but to another much " slower" office somewhere else in the world.
My advice expect the worst and then anything quicker is a miracle, otherwise it will take a massive toll on your mental health.
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This is Julian Hill's speech presenting the Bill this morning:
https://www.youtube.com/watch?v=RiiqbCcvmUA
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7 hours ago, Poppysunday said:
This is me! I am praying that this gets put through. I would have to get new police and health checks done when I can eventually fly. We can’t afford for me to leave and come back, I also have a small child. It’s so distressing everyday. I don’t hold much hope put for it being passed. The migration law is so ridiculous and old.
There's some hope @Poppysunday! Early 2021!!!. Extract of guidance just published earlier today below:
Some categories of visa require applicants to be outside of Australia at the time the visa is granted. The Department is aware that the travel restrictions and limitations associated with COVID-19 are affecting visa applicants, particularly applicants for family visas who have come to Australia.
It is intended that changes will be implemented in early 2021 that would allow certain family visas, which have been applied for outside Australia, to be granted while the visa applicant is in Australia. This temporary concession will be for people who are in Australia and are not able to travel offshore to be granted the visa due to COVID-19 related border closures.
The concession will apply to certain applicants for the following Family visa subclasses:
- Child (subclass 101) visa
- Adoption (subclass 102) visa
- Dependent Child (subclass 445) visa
- Prospective Marriage (subclass 300) visa
- Partner (subclass 309) visa
Further information will be available in early 2021.
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For those interested, there is a Private Member's Bill being presented to Parliament next week by Labor's Julian Hill MP to temporarily change the partner visa rules so those who applied offshore but are stuck onshore do not have to leave to get a decision.
It is probably likely that the Bill may not proceed as it will need the support of the Liberal Government. However, it may mean the Immigration Minister Alan Tudge, who has the ability to issue the concession without the Parliament Bill, will be under some pressure to do so, given the number of stranded Australians who cannot re-enter Australia due to lack of quarantine places.
The response on the parliamentary petition that was circulating a few months ago is also due in the next Parliament.
Yesterday there was some news coverage in Australia:
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9 hours ago, moominfillyjonk said:
Also does anyone know when you apply for the offshore visa you can't apply for a bridging visa to work in Australia can you? I've mentioned this to a couple of people (who have Australian partners), that we might end up having to go over on a visitor visa but it means I won't be able to work and they keep saying why don't you just apply for a bridging visa? And I say you can't do that on the offshore one, and they say I'm sure you can! Now I am self-doubting
It is a grey issue about the BVA from a tourist visa if you are an offshore applicant. Apparently the option to apply for BVA comes up now in the 309/100 application if you have a tourist visa and are onshore.
Some agents still advise it is impossible to get a BVA from offshore application, some agents say it is totally possible.
Some 309/100 applicants on tourist visas have been rejected from BVA.....Others have been successful in getting a BVA without working rights and some with working rights having had to provide a lot of financial evidence of financial hardship.
So really there is no consistency in how it is currently being processed by the department and seems more a luck of the draw whether or not it is granted. So in other words it is a bit like the lottery - you have a shot without ever truly believing you will win it....but you may just win!
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On 02/10/2020 at 16:00, TrudiStrange said:
Hi everyone,
Hope it’s ok if I join? We’re just about to start this process, any advice gratefully received.
I’m Australian, husband is British, 1 child who I need to sort out dual citizenship for (doing that now).
We have been together in the U.K. for 12 years, married for 10, so hopefully things will be straight forward??
Just start by download the applicant and sponsor forms and start slowing working through them.
Start collecting the supporting evidence and drop into a folders for Joint Finances, Household, Social and Nature of Commitment. If you google you will find lots of examples of what to include in each category. There are some useful lists online of type of evidence - very useful to make a list and just start working through it bit by bit.
Get scans of permanent info (passports/ID docs, marriage certs, birth certificates etc). Photos across the 12 years with both of you AND other people, noting when where and who. Take snapshots of your social media with both of you (inc dates). Flights/holiday bookings with all names on there. Rental agreements/mortgages, Utilities in both names, childcare arrangements , joint accounts/financing, etc. Snapshots of a few messages (with date) about mundane household things eg "pick this up from the shop before you pick up the kids" etc etc.
Just keep in mind you can only upload 100 documents in each the applicant and sponsors immiaccount - No need to go overboard with evidence but just have enough spanning your entire relationship. Less can be more. Keep space should you get an Request for Further Info later on (so put all photos etc into one document etc).
Start writing your relationship statement detailing history of your relationship in your words and include comments about the four categories above. It can help focus the evidence you collect.
Start asking people to do their statutory declarations - that is often the thing that can drag as you may need to chase people a few times.
Leave the medical and police checks until later as they are only valid for 12 months.
Good luck!
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I would urge aus citizens /PR who have spouses who have applied for offshore partner visas/prospective marriage visas to sign the following petition to prompt the aus government to address some of the many issues around offshore partner visas, such as the delays, separation from partners, the offshore requirement. The petition closes 2 September. There is a lot of lobbying going on currently, and as a collective voice people are starting to be heard by MPs and now some media focus on it too.
Please sign (and then confirm in the verification email that follows)
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55 minutes ago, Anais_V said:
Hi,
I applied (from London) on 1 December 2019. All documents front-loaded, save for a police certificate for my Aussie partner (he lived in South Africa for a time and apparently police certificates have to be applied for by post...still waiting on it!). As far as we know, no one has looked at our application. It still says "Received" in my immi account.
Before COVID-19 I travelled back and forth between London (where my work is based) and Perth (where my partner lives and works). I am able to work remotely, and I had my e-visitor, so was able to stay for up to 3 months at a time. Travelled to Perth in March, intending to stay for 2-3 months, but then COVID hit, the UK was a mess and everyone was working remotely, so no point in me going back to London. Before my 3 months was up I applied for a 600 visa. Had to wait 80 days (!) but finally got granted the 600 visa allowing me to stay another 6 months (until Feb 2021).
We had hoped to get the partner visa by the end of this year, but with the processing times as they are now, I am not feeling very confident at all. Without a "no further stay" condition on my current 600 visa, I guess I could just apply for another one - does anyone have experience with repeat applications for a 600 visa? Would it be better to leave the country when my current 600 expires and just wait out the partner visa back in the UK? The timelines are so uncertain, which makes it difficult to plan...
Also wanted to ask if anyone on here is aware of/involved in this petition, see: https://www.abc.net.au/news/2020-08-10/visa-backlog-keeping-couples-apart-as-department-of-home-affairs/12539312). There appears to be talk of removing the requirement for off-shore applicants (who happen to be in Australia when the partner visa is granted) to leave Australia and re-enter the country, because of COVID. I sure hope so! Hope the government takes notice and deals with this ridiculous backlog.
Good luck to everyone!
I have heard of a few people who did repeat 600 because of covid and will require a medical if done onshore. Most were until Feb 2021, so i think government is hoping borders will re-open by then.
Dont want to be pessimistic but I think chances of visa coming through this year for 309 if you are onshore is pretty slim what with borders closed and passenger caps until at least october.
As for that news item - there is a whole facebook group /page for the campaign (Grant Offshore Visa Partners Now - Australia). The petition link is https://www.aph.gov.au/petition_list?id=EN1677 which can only be signed by Aus Citizens/Residents so more signatures the better for the government to take notice.
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@moominfillyjonk 600 is a tourist visa (different to the evisitor visa which restricts three month max stay on each entry). 600 can be issued for upto 12 months. No - you cannot work on the 600 visa.
The exemption is that to enter australia now - you have to get special permission from immigration to enter on a valid tourist visa (probably until borders reopen).. so if you apply for tourist visa you also need to apply for exemption.
And no you cant transfer offshore to onshore visa. All you can do is withdraw 309/100 and do a new application for 820/801 onshore partner so pay the fee again. You would also need to get onshore first on a tourist visa and be granted the exemption.
People have applied for the tourist/exemption and been lucky to have their offshore applications expedited but not always the case.
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@SpaintoAus i was under the impression that they wouldn't waive it because it is written in law but if you hear something to the contrary from your MP then please let us know as that would be really positive news! That being said with Dutton in charge, i am not hopeful.......
To go offshore at this stage even though no guarantee they would look at the app and the risk of not being able to return Oz for months VERSUS staying onshore with partner, delaying the app even more because they wont even look at the application.... Well i guess the better option for now is being onshore and frustrated!
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On 25/06/2020 at 09:52, SpaintoAus said:
I am so beyond frustrated with this whole process. Because my husband is in Australia (on a bridging visa) our application has been put on hold (seemingly indefinitely) because they can't grant his 309/100 until he is offshore - and with the travel restrictions in place who knows when borders will reopen. We lodged our application nearly 17 months ago now and still waiting. It's all messed up thanks to Covid
Yes i hear you. I am at 19 months now so beyond processing times but pretty much told they arent processing 309/100 for ppl onshore on visitor visa so be patient and wait. Very frustrated by the whole immigration process. Have REALLY tried to be positive through the last 19 months but my patience is now wearing very thin.
@Ben34uk i was wondering how yours was progressing (or not it seems). Hope you get some postive news soon.
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https://covid19.homeaffairs.gov.au/coming-australia
@KayseSpouses are allowed per this. But whether they are issuing tourist visas is a different question.
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Oh no - sorry to hear it! good luck both @Pneill and @Poppysunday. This is unexpected stress in an already painful process! At least they have extended the normal period to leave so I guess that is something and your partners are here with you rather than being stuck at opposite ends of the world.. Good luck with the immigration minister!
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Is there anyone in Oz on a 600 awaiting the 309/100 partner to be approved. Curious to know what will happen in the circumstance you get asked to leave for a decision to be made on partner visa given the current circumstances.
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@Pneill Maybe change your perspective a little to see the positive.
Your plans have changed slightly but This means your husband wont be separated from his family in short run, and the transition for kids will be easier and for you. Yes he may need to return/go offshore but the turnaround for 651 evisitor is a lot shorter (and free) than 600 if the decision on 309/100 hasnt come through or he could return and find short term work in uk to help ease any financial burden until decision made.
You just have to be flexible as to plans given you are moving while process is ongoing (rather than moving after grant) so there will be moving parts out of your control.
As for worrying about it not working out in oz, well it takes about 6-months to a year to fully settle into a new country so there will be bumps along the way but you need to just focus your energies on making it a positive move and making the best out of the situation.
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@mppc no, absolutely no news. Trying to remain positive and patient....
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@mppc- incredibly pleased for you!!
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Mine still says received, i applied November 2018.
v frustrating. Anyway trying to remain positive.
Think i have fallen off excel spreadsheet
Timeline on 309/100 via applied for in London
in Family / Partner Visas
Posted
Congratulations @Ben34uk.
Have been waiting to see this post from you for a very long time and im absolutely delighted for you that the new chapter for your family can finally begin!!