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Paul_Kild

Bridging while waiting for 309

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Hello all,

I wonder if someone can advise on our options here.

We've applied online (London) for my wife's 309/100 in January 2018 and no CO was assigned to our case yet.

I was just advised that my company will be shutting down its UK office and I will be made redundant.  

I am on a UK residence permit and will have to leave UK by end of August 2018. We have two school age girls with Aussie passports and therefore we'll need to relocate to Brisbane immediately, including household items/furniture as my company will pay for transportation to Australia.

It is unlikely that my wife will have her 309/100 granted by late August 2018. We just can't imagine that we'll have to move without her coming with us. We've been married for 10 years.

Is there a way for us to apply for some sort of bridging visa, so that my wife may come with us and wait for 309/100 on-shore?

Thanks a million,

Paul

Edited by Paul_Kild

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Actually, she should have a visa by then. People who applied off shore are getting them in a couple of months at the moment

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2 hours ago, Paul_Kild said:

Thanks, VERYSTORMY, we keep our fingers crossed. It would be good to have a plan B, though :-)

She isn't eligible for a Bridging Visa, as she has applied offshore. 

She could consider a tourist visa

Edited by Nemesis
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A plan could be to use a temporary visa for the remainder of the wait for the 309 grant.
You can not apply for a long term 6 or 12 months visitor visa on the grounds of wanting to live with your family while you wait for the 309, visitor visas are not granted for those reasons. There is also no work while on a visitor visa and you will need to go offshore for the 309 grant.

Similar to a Visitor Visa is the ETA, it is fast to get (almost instant in cases) and is cheaper. It is valid for 12 months but only has maximum 3 months stays - so you will need to go offshore every 3 months till grant of the 309. There are many cheap offshore destinations from Brisbane for a night or two to rest the ETA.
ETA also has no work rights.

Both visas are issued for about the same reasons - visit family and friends and holiday type activities, so keep that in mind when filling the application.

It is very wise to have a plan B, The number of Family Stream (Partner Visas) is strictly limited each year. Processing is adjusted to try meet these limits - this years limit  has 130 days to go. So after June 30, the processing will read adjust to ?

Even if on a Visitor Visa 600 or an ETA when in Australia you will be entitled to Medicare as you have applied for the 309. This just makes it easier than using the shared health care agreements. 

 

 

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Hello Everyone, 

I need a bit of Information, I'm a Permanent Resident and had applied for my wife's Spouse Visa (309/100) in Sep 2017.  In December I had applied for my wife's Tourist Visa so that she can come and join me here in Australia until DIAC takes a decision on her 309 (TR) visa. She was granted a Tourist Visa within 3 weeks and she joined me in Jan,2018. Now couple of days ago I received an email from the Department stating that they wish to take a decision on her 309 visa and that she needs to leave the country within 28 days so that they can take a decision on her 309 Partner application as she had applied it from off-shore. 

They have said in their email that "We will check at the end of the 28th day whether the applicant" is outside of the country and in case if she's still not outside of Australia it may adversely effect the outcome of her application.  
Also they have mentioned that they need minimum 5 working days to take a decision and have not mentioned an upper limit.

Now I want to understand that if we book a holiday trip to Bali/some other place for say 7-8 days before the expiry period of the 28 day and notify them that my wife has exited, will they take a decision before expiry of the 28 day period or will they compulsorily wait for the 28 day period and only at the end of the 28 day period take decision. 

We don't want to be stuck in a situation where we have exhausted our holiday in Bali/other destination and they have still not taken a decision. We'll be stuck and she'll be left with no option to stay back or return to India until they take a decision. 

I want to understand that firstly will they take decision before 28 days if my wife leaves the country?
Secondly how much time do they usually take to make a decision if all documentation is complete and finalized and they just need to take a decision.

Any guidance, help will be highly appreciated.

Kind Regards
Ankur Gupta

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2 hours ago, Ankur Gupta said:

Hello Everyone, 

I need a bit of Information, I'm a Permanent Resident and had applied for my wife's Spouse Visa (309/100) in Sep 2017.  In December I had applied for my wife's Tourist Visa so that she can come and join me here in Australia until DIAC takes a decision on her 309 (TR) visa. She was granted a Tourist Visa within 3 weeks and she joined me in Jan,2018. Now couple of days ago I received an email from the Department stating that they wish to take a decision on her 309 visa and that she needs to leave the country within 28 days so that they can take a decision on her 309 Partner application as she had applied it from off-shore. 

They have said in their email that "We will check at the end of the 28th day whether the applicant" is outside of the country and in case if she's still not outside of Australia it may adversely effect the outcome of her application.  
Also they have mentioned that they need minimum 5 working days to take a decision and have not mentioned an upper limit.

Now I want to understand that if we book a holiday trip to Bali/some other place for say 7-8 days before the expiry period of the 28 day and notify them that my wife has exited, will they take a decision before expiry of the 28 day period or will they compulsorily wait for the 28 day period and only at the end of the 28 day period take decision. 

We don't want to be stuck in a situation where we have exhausted our holiday in Bali/other destination and they have still not taken a decision. We'll be stuck and she'll be left with no option to stay back or return to India until they take a decision. 

I want to understand that firstly will they take decision before 28 days if my wife leaves the country?
Secondly how much time do they usually take to make a decision if all documentation is complete and finalized and they just need to take a decision.

Any guidance, help will be highly appreciated.

Kind Regards
Ankur Gupta

The decision has been made. Its just that they cannot actually grant the visa until she is offshore. As soon as she is offshore it will be granted.

They don't ask you to go offshore just so they can issue a refusal.

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What Nemesis said. Its a 309 and it cannot be granted on shore. So its normal to go for a short trip somewhere overseas for it to be granted. 

In the past I know people have booked their overseas trip and informed their CO of the plans, flights etc to ensure they know its all in place. And the visa has been granted soon after they have left Australian shores. They then returned a few days later without issue. 

 

 

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On 2/20/2018 at 08:17, Stung said:

A plan could be to use a temporary visa for the remainder of the wait for the 309 grant.
You can not apply for a long term 6 or 12 months visitor visa on the grounds of wanting to live with your family while you wait for the 309, visitor visas are not granted for those reasons. There is also no work while on a visitor visa and you will need to go offshore for the 309 grant.

Similar to a Visitor Visa is the ETA, it is fast to get (almost instant in cases) and is cheaper. It is valid for 12 months but only has maximum 3 months stays - so you will need to go offshore every 3 months till grant of the 309. There are many cheap offshore destinations from Brisbane for a night or two to rest the ETA.
ETA also has no work rights.

Both visas are issued for about the same reasons - visit family and friends and holiday type activities, so keep that in mind when filling the application.

It is very wise to have a plan B, The number of Family Stream (Partner Visas) is strictly limited each year. Processing is adjusted to try meet these limits - this years limit  has 130 days to go. So after June 30, the processing will read adjust to ?

Even if on a Visitor Visa 600 or an ETA when in Australia you will be entitled to Medicare as you have applied for the 309. This just makes it easier than using the shared health care agreements. 

Hi there, a question on the above comment.  I found a link which says this:

  • Partner (subclasses 309/100 and 820/801) visas cannot be capped.

Can I assume there is not cap here?

https://www.homeaffairs.gov.au/trav/brin/fami/capping-and-queuing 


PR (100) Plans on hold but moving to Perth eventually!

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2 hours ago, Jon the Hat said:

Hi there, a question on the above comment.  I found a link which says this:

  • Partner (subclasses 309/100 and 820/801) visas cannot be capped.

Can I assume there is not cap here?

https://www.homeaffairs.gov.au/trav/brin/fami/capping-and-queuing 

There is no need to worry about caps on Partner Visas, even if they reach the monthly quota they just carry on the following month. 

Edited by Nemesis

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They will never grant more visas a year than "planned" so that then works on wait times.

I have not heard why UK has many short grant times currently - but the planning levels for the year will be exactly as planned.

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