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Spouse visa extension


naviozz

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Dear agents . I just need your help on one issue if someone can help me on this. One of my friend who got married 2 years ago and his wife came to Australia on spouse visa. Now there is dispute between them and his wife's visa is going to be expire soon. He can apply her PR which he don't want to apply. But he wants to extend his wife's spouse visa . Is that possible to extend spouse visa for another two years . If possible what is the process. Your reply would be much appreciated.

 

 

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Q: I just need your help on one issue if someone can help me on this. One of my friend who got married 2 years ago and his wife came to Australia on spouse visa.

 

A: Visa granted after the marriage suggests it is a sc309 visa, not sc300.

 

Q: Now there is dispute between them and his wife's visa is going to be expire soon.

 

A: Sc309 will not expire after 2 yrs of marriage or 2 yrs resident in Australia.

 

Q: He can apply her PR which he don't want to apply. But he wants to extend his wife's spouse visa . Is that possible to extend spouse visa for another two years . If possible what is the process. Your reply would be much appreciated.

 

A: No the sc309 will not expire, rather it may be cancelled or ceased in the event of sc100 been refused. And since there is no expiry date on sc309, therefore no 2 yrs extension is possible.

 

Ofcause, it is open to them to lodge another, fresh partner visa application onshore. It will take sometime to process, which will give them sometime to cool down and see if the relationship can be worked out. VAC payable.

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She is the applicant, not him, so it would be her applying for a PR visa. However he needs to confirm his sponsorship which it sounds like he doesn't want to do? If he's not currently willing to confirm his sponsorship, she can perhaps drag her heels a bit in applying for the PR stage but at some point DIBP would question the situation and if she's not able to provide the documents for the 100 visa then DIBP could cancel her 309.

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Thanks maggiemay24 and Wei shu for your reply.. so if it is sc309 it won't expire. She can live until my friend don't lodge her sc100 visa. M I correct ?

 

 

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When the 309 was lodged the 100 was also lodged, it just hasn't been processed yet.

 

If it has been two years since lodgement they will be asked for evidence that the relationship is still continuing.

 

It is not up to him to decide how long she can have a visa for. Either they are in a relationship or they are not, he can't pick and chose for visa purposes.

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