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smithkt87

Remaining Relative 835 Visa Processing

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Hi,

 

I hope someone can help put my mind at ease regarding the 835 visa process. I moved to Australia in September 2011 to join my entire family (from the UK) and immediately applied for the 835 remaining relative visa and a bridging visa. Soon after I also applied for full work rights which took around four months to come through. All's well so far... However simply having work rights on a bridging visa unfortunately doesn't mean too much as most businesses simply don't understand the visa i'm on and therefor won't even consider me for positions. I've spoken to several company bosses and they all agree that when an application form asks what type of visa you're on anything other than permanent resident or citizen pretty much doesn't even get looked at. Fortunately I have recently found work through a friend who was able to explain the situation although it wasn't entirely easy. Anyway the real issue or question is: last month I was asked to attend a medical and forward police checks to the perth office. I assumed and from the sound of the lady on the phone rightly so that this meant my visa was finally being processed. Sadly not. Today i've received a letter stating that my visa is in a queue that could take up to 14 years to process! Does anyone know more about this queue and how long it should really take? I would have thought that medical information and police checks wouldn't be valid for very long. Surly that should mean it's close to being granted? I seem to be getting some mixed messages. Anyone who has been though this or is currently and has attended their medicals would be good to hear from.

 

Thank you all very much in advance for your help.

 

Regards

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Oh dear- I think it's quite well known that this is not a priority visa, & that the queue is indeed a very long one. Did you read up about it ?

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You have to do two sets of meds/police checks. Basically your visa has now been approved in principle, but as there are quotas they can only grant a small number each year. This type of visa was capped a while ago and so a queue has built up. When they are ready to grant it you will have to do meds/police checks again.

 

http://www.immi.gov.au/migrants/family/other-family-visa-queue.htm

 

You can look into other ways to get a PR visa before this. Have you looked at the other visa routes?


So many wineries ......so little time :yes:

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As above, it is well known that this visa takes a long time and there are two lots of medicals. They dont want you on a bridging visa for 14 years only to get declined at the end anyway (which still could happen of course if anything happens in the interim).

 

I think you did amazingly well to get working rights and then to find work! But now the wait is on, unless you can explore other visa options.

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Hi Smithkt87,

 

Hope all is well. I was wondering if you could please give us an update on your situation. I myself am in a pretty similar situation however only just completed the medicals so not as far as yourself.

 

Have you had any update on your situation or are they still keeping you waiting? Many Thanks

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Hi Smithkt87,

 

Hope all is well. I was wondering if you could please give us an update on your situation. I myself am in a pretty similar situation however only just completed the medicals so not as far as yourself.

 

Have you had any update on your situation or are they still keeping you waiting? Many Thanks

 

 

As the visa takes about 15 years, there is no reason why there would be an update six months later?

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Hi All,

 

My 28 year old brother applied for this visa in January 2015 and got a letter saying that he shall expect a wait time of up to 56 years. He wasn't very pleased to learn this however he has no other option and can't meet the pass mark for skilled migration visas.

 

I personally think, no visa application would ever take more than 2 year or in extreme cases 4 years. Has anyone ever heard of anyone who applied for a visa and had to wait for more than 4 years? A person who has waited 10 years for an Australian visa would be a news story to my mind :ssign12:

 

Nasir

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Hi All,

 

My 28 year old brother applied for this visa in January 2015 and got a letter saying that he shall expect a wait time of up to 56 years. He wasn't very pleased to learn this however he has no other option and can't meet the pass mark for skilled migration visas.

 

I personally think, no visa application would ever take more than 2 year or in extreme cases 4 years. Has anyone ever heard of anyone who applied for a visa and had to wait for more than 4 years? A person who has waited 10 years for an Australian visa would be a news story to my mind :ssign12:

 

Nasir

 

There are some skilled visas that take a long time - cat 5 people have had waits longer than 4 years.

 

Why hey should no visa take longer than 2 years? There is no right to have a visa. It is a privilege and it is reasonable that immi prioritise the people it mists wants to move to oz. skilled migrants.

 

Personally, I would abolish the remaining relative. If a person is a last remaining relative, that is not Australia's fault, but the fault of their family chossing to leave them alone. Their choice.

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Hi All,

 

I personally think, no visa application would ever take more than 2 year or in extreme cases 4 years. Has anyone ever heard of anyone who applied for a visa and had to wait for more than 4 years? A person who has waited 10 years for an Australian visa would be a news story to my mind :ssign12:

 

Nasir

 

There is no time frame attached of getting a visa grant, took many people years even to become eligible of being able to apply for some sort of a visa. Like mentioned before it's a privilege not a right just because somebody has close relatives living here.

10 years of waiting for a visa is nothing uncommon or shocking news in my opinion, certainly some are waiting patiently.


IELTS 01/2011; TRA 03/2011; SS SA 05/2011; visa 176 lodged 06/2011; visa granted 08/2011; arrived in Adelaide 02/2012; Australian citizen 08/2016

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Hi All,

 

My 28 year old brother applied for this visa in January 2015 and got a letter saying that he shall expect a wait time of up to 56 years. He wasn't very pleased to learn this however he has no other option and can't meet the pass mark for skilled migration visas.

 

I personally think, no visa application would ever take more than 2 year or in extreme cases 4 years. Has anyone ever heard of anyone who applied for a visa and had to wait for more than 4 years? A person who has waited 10 years for an Australian visa would be a news story to my mind :ssign12:

 

Nasir

 

 

No other option? He has the option to get on with life in the country of his birth, that is what I would do if I was told it would take 56 years to get a visa. As to whether an application should take more than two years or not, well of course the alternative is that the visa is stopped altogether. To be honest, I think that is what they would like, but it is too hard to do that, so making it such a long wait is virtually the same thing anyway. If your brother finds a partner who has relatives outside Australia at. Any point in the net 56 years, his application becomes invalid anyway.

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Hi All,

 

My 28 year old brother applied for this visa in January 2015 and got a letter saying that he shall expect a wait time of up to 56 years. He wasn't very pleased to learn this however he has no other option and can't meet the pass mark for skilled migration visas.

 

I personally think, no visa application would ever take more than 2 year or in extreme cases 4 years. Has anyone ever heard of anyone who applied for a visa and had to wait for more than 4 years? A person who has waited 10 years for an Australian visa would be a news story to my mind :ssign12:

 

Nasir

 

haha 28 & he feels he has 'no other option'?

he can do pretty easily in a few short years what presumably you ( & many others ) have done, & retrain in a skillset that will get him Permanent Residence much more quickly than the stretch he's currently looking at!

either that or you're all going to have to be very patient - many people have to jump through hoops over quite a few years waiting for PR even when they're already in the country - the days are long gone since it was easy to move to Australia. so don't take it personally- he's lucky this route is still open at all.

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Thanks for your replies guys, in my opinion an immigration program shall be run not only for economic benefit of the country but also social well being of its society. We might as well abolish the partner visa category as well, argument being "well your partner is working you are not, he/she can work to benefit the economy of Australia and you can come as a tourist every few months (again benefiting the economy of Australia)". I don't think thats right, we must have family category visas to enable parents, partners, children and siblings to join the immigrants. It will ensure they emotional/social well being which will indirectly benefit the bottom line (economy) as they become more productive members of society.

 

P.S Fortunately my brother applied onshore whilst on a Graduate Visa, so he can stay and work in OZ until the end of the last quarter of this century when his file will finally hit a case officer's desk. I believe his case officer might be at kindergarten now or maybe not even born yet lolz.

 

Nasir

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Thanks for your replies guys, in my opinion an immigration program shall be run not only for economic benefit of the country but also social well being of its society. We might as well abolish the partner visa category as well, argument being "well your partner is working you are not, he/she can work to benefit the economy of Australia and you can come as a tourist every few months (again benefiting the economy of Australia)". I don't think thats right, we must have family category visas to enable parents, partners, children and siblings to join the immigrants. It will ensure they emotional/social well being which will indirectly benefit the bottom line (economy) as they become more productive members of society.

 

P.S Fortunately my brother applied onshore whilst on a Graduate Visa, so he can stay and work in OZ until the end of the last quarter of this century when his file will finally hit a case officer's desk. I believe his case officer might be at kindergarten now or maybe not even born yet lolz.

 

Nasir

 

What a stupid argument, bringing the extended family is nothing like bringing a partner or child. If you are so keen to be with your brother, then you have the choice of the whole family moving back to the country you are from, it isn't Australia's problem.

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Thanks for your replies guys, in my opinion an immigration program shall be run not only for economic benefit of the country but also social well being of its society. We might as well abolish the partner visa category as well, argument being "well your partner is working you are not, he/she can work to benefit the economy of Australia and you can come as a tourist every few months (again benefiting the economy of Australia)". I don't think thats right, we must have family category visas to enable parents, partners, children and siblings to join the immigrants. It will ensure they emotional/social well being which will indirectly benefit the bottom line (economy) as they become more productive members of society.

 

P.S Fortunately my brother applied onshore whilst on a Graduate Visa, so he can stay and work in OZ until the end of the last quarter of this century when his file will finally hit a case officer's desk. I believe his case officer might be at kindergarten now or maybe not even born yet lolz.

 

Nasir

 

Theres absolutely no correlation between bringing a partner to Australia and bringing a brother. Well, at least there shouldn't be......your brother should be capable of having his own life with his own partner. Whereas trying to have a meanigfull marriage with someone on the other side of the world is not exactly easy.

 

Immigration to any country is a privilege not a right and that country has the right to say who they will accept, and when. You brother is a lot luckier than many prospective migrants if he is already her. There are many offshore who have already waited more than 5 years and are still not in sight off the finish line.

 

Surely if your brother is a graduate he can work towards getting a skills visa?

Edited by Nemesis

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Hi guys, I'd like just to add something positive. My son 21 years old applied for his 835 onshore and now has a que date. Yes the wait says 56 years but he is here with us and that's all that matters. He was granted unrestricted working rights a couple of weeks ago and has landed his dream job in the super yacht industry. He does have some experience with marine engineering so that helped. I know a lot of employers won't look at you on a BVA but they were more than happy to accept it which is fantastic. So for us Australia has been nothing but fantastic to us and we are so grateful to be here and now all able to move on and enjoy our life in Australia. Wanted to just share something positive about australian immigration as we have found them nothing but helpful.


EOI Apr 12, COS 27 Mar 13, LA 17 Apr 13, Visa application 17 Apr 13, Medical 2 May 13, PCC 29 May 13 visa grant 3 Jun 13.

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Hi guys, I'd like just to add something positive. My son 21 years old applied for his 835 onshore and now has a que date. Yes the wait says 56 years but he is here with us and that's all that matters. He was granted unrestricted working rights a couple of weeks ago and has landed his dream job in the super yacht industry. He does have some experience with marine engineering so that helped. I know a lot of employers won't look at you on a BVA but they were more than happy to accept it which is fantastic. So for us Australia has been nothing but fantastic to us and we are so grateful to be here and now all able to move on and enjoy our life in Australia. Wanted to just share something positive about australian immigration as we have found them nothing but helpful.

I imagine there's a good chance he may meet and settle with an Aussie partner before those 56 years are up so hopefully a more settled future may happen sooner. Good luck.

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I disagree with Nasirshah and agree with the others as well as under Australian immigration law partner + children visas are regarded as a nuclear family=family unit (people with whom you live in one household and share your life with) whereas parents, siblings etc. are adults and usually are not living in the same household and even if they do so as adults they make their own decisions and make they own money (or not) and are regarded as completely independent from the visa applicant. Luckily, no family patriarch law here in Aussie.

 

Automatic entry rights for the extended family like Nasirshah mentioned is unrealistic and no Western country will do that as every country has to protect its own citizens/residents first and its financial, economical 'wellbeing' and infrastructure, for example Government has to secure that the aged pension or welfare payments won't be exploited as otherwise there is no bottom line. It was your decision to come here and leaving family and good friends behind, yeah that's the price we all pay here as migrants.

 

By the way, my partner has heaps of extended family living in Australia for 40 years and we were also not allowed to come on a family visa and we had to find our way through the immigration 'jungle'. Might be a little bit frustrating but there is no way to jump the queue.

Edited by silencio

IELTS 01/2011; TRA 03/2011; SS SA 05/2011; visa 176 lodged 06/2011; visa granted 08/2011; arrived in Adelaide 02/2012; Australian citizen 08/2016

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there is no way to jump the queue.

 

Jump on the boat like 50,000 people did last year before Tony came on board (and thousands will once Tony is gone and Labour/Greens are in power).

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The government tried to delete LRR and various other visa classes and were blocked by the senate, so they dealt with the issue administratively by reducing the yearly quota so the median processing time increased to half a century, plus change.

 

This is not the sort of case for a RMA to offer 'no win, no fee' s/he would have to keep the funds in a client account for 56 years, plus change, or carry insurance for the same period.

 

The best you might hope for is to be dealt wih under S39:

 

[h=3]MIGRATION ACT 1958 - SECT 39[/h]Criterion limiting number of visas (1) In spite of section 14 of the Legislative Instruments Act 2003 , a prescribed criterion for visas of a class, other than protection visas, may be the criterion that the grant of the visa would not cause the number of visas of that class granted in a particular financial year to exceed whatever number is fixed by the Minister, by legislative instrument, as the maximum number of such visas that may be granted in that year (however the criterion is expressed). (2) For the purposes of this Act, when a criterion allowed by subsection (1) prevents the grant in a financial year of any more visas of a particular class, any outstanding applications for the grant in that year of visas of that class are taken not to have been made.

**********************************************************************************************************

 

This is known as 'capped and ceased' where the honourable, the minister tells you that you have not made an application after all and invites you to apply for a refund of the visa application charge.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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