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Cowact

Entering before 309 visa granted

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Hi there,

 

My wife (Korean) has applied for 309 partner visa in March 2020. 

I'm not sure if it's due to COVID-19, but nothing has been updated yet since she submitted her application.

No CO allocation or contact. 

 

However, we need to move to Australia by this September because of my job.

 

Is it okay her to stay in Australia with traveler visa (or any other visa available that she can get independently), and wait until 309 gets granted?

Or should we stay overseas? 

 

Any info or opinion is welcome guys :)

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Hi,

I don’t have answer as such - I applied for my partner visa September 2019 and it still shows as received, no case officer or requests for information. 
 

We also plan to head to Australia in September so I am going to apply for the exemption to travel and then a visitor visa but I don’t know if this will be successful. 


Applied from London - 6th September 2019 

Medical uploaded 17th Jan

AFP clearance uploaded 27th Jan 

UK police clearance uploaded 23rd March 

Australian husband - together 10 years, married 7.
2 children with dual citizenship. 
 

Travel exemption and visitor visa granted July 2020, arrived in Australia September 2020.

 


 

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2 hours ago, Cowact said:

My wife (Korean) has applied for 309 partner visa in March 2020. 

 

Yes it's far too soon to hear anything - you only applied two months ago!   See processing times:  https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times


309/100 visa application lodged 28/08/13 | Visa sub-class 309 granted 09/05/14 | 100 (PR) visa application lodged 27/09/15 | PR granted 13/04/16 | Citizenship application lodged 18/06/19 | Citizenship interview invite 02/03/20  22/09/20 | Citizenship interview 27/04/20 11/11/20 | Citizenship ceremony 26/01/21

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As above - way too soon to expect anything. You don’t get ‘allocated a case officer’ - you hear from them if and when they want something. If your application is decision ready - the first you hear may be the grant. 


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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I submitted 3rd July and mine still says received, I  thought I’d have heard something by now. I could really do with my visa before August and I hope London picks up processing soon again. 

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Posted (edited)
8 hours ago, Tmduk said:

I submitted 3rd July and mine still says received, I  thought I’d have heard something by now. I could really do with my visa before August and I hope London picks up processing soon again. 

Why would you think that?  It takes several months for a partner visa to be processed, even when things are normal.   I'd say your chances of being approved by September are zero.

Edited by Marisawright

Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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3 hours ago, Marisawright said:

Why would you think that?  It takes several months for a partner visa to be processed, even when things are normal.   I'd say your chances of being approved by September are zero.

Not sure if you quoted the wrong person, but by August this year it will have been 13 months waiting for me, doesn’t seem unreasonable for London embassy. Covid-19 might have scuppered my chances though. 

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On 14/05/2020 at 18:58, lepea said:

Hi,

I don’t have answer as such - I applied for my partner visa September 2019 and it still shows as received, no case officer or requests for information. 
 

 We also plan to head to Australia in September so I am going to apply for the exemption to travel and then a visitor visa but I don’t know if this will be successful. 

It seems we are on the same boat. We might do the same. Please keep posting here how you guys are doing, I'll share my updates as well 🙂

 

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Posted (edited)

@Cowact

Hi, I applied for my exemption on Sunday. Obviously no news yet but thought I’d drop in to update. Decided to not apply for a visitor visa but hopIng that the exemption tiggers my partner visa to be looked at. 

Edited by lepea

Applied from London - 6th September 2019 

Medical uploaded 17th Jan

AFP clearance uploaded 27th Jan 

UK police clearance uploaded 23rd March 

Australian husband - together 10 years, married 7.
2 children with dual citizenship. 
 

Travel exemption and visitor visa granted July 2020, arrived in Australia September 2020.

 


 

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1 hour ago, lepea said:

@Cowact

Hi, I applied for my exemption on Sunday. Obviously no news yet but thought I’d drop in to update. Decided to not apply for a visitor visa but hopIng that the exemption tiggers my partner visa to be looked at. 

I will be in same boat shortly, i have PR and need to return to Australia before end of August (TF expiring ). But my partner has no visa at all, we were planning on returning together and applying for an onshore partner visa but no we are unsure if perhaps applying offshore now might be a better decision. I just hope he can get an exemption and fly with me if we do have to go soon . Be interested in what comes of your application, fingers crossed for you 

 

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Hi @Cowact

Just wanted to update you as we’re in a similar situation. On Monday I applied for another travel exemption and the visitor visa 600 out of desperation as we’re hoping to travel in September. Both were granted last night. 


Applied from London - 6th September 2019 

Medical uploaded 17th Jan

AFP clearance uploaded 27th Jan 

UK police clearance uploaded 23rd March 

Australian husband - together 10 years, married 7.
2 children with dual citizenship. 
 

Travel exemption and visitor visa granted July 2020, arrived in Australia September 2020.

 


 

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We are about to apply for a Visa 309, but we'd like to go to Australia sooner. I've seen multiple sources saying you can get a Visitor Visa 600, but when it comes time for immigration to approve your application, you will have to be out of the country. So a flight to say New Zealand or a nearby country for a few weeks should be enough is my understanding.

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8 minutes ago, TruthSeeking said:

We are about to apply for a Visa 309, but we'd like to go to Australia sooner. I've seen multiple sources saying you can get a Visitor Visa 600, but when it comes time for immigration to approve your application, you will have to be out of the country. So a flight to say New Zealand or a nearby country for a few weeks should be enough is my understanding.

Are you aware that if your partner does not hold a valid partner visa, she'll need to apply for an exemption to enter Australia while the borders are closed?


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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Hi @TruthSeeking

I’ve just read your other post. I’m not a migration agent but I would consider applying for the visitor visa with Australian citizen children you’re likely to be granted a 12 month Visitor visa without no further stay conditions. Once in Australia apply for an on shore partner visa. 
You then won’t have to worry about leaving the country to activate an off shore partner visa. 


Applied from London - 6th September 2019 

Medical uploaded 17th Jan

AFP clearance uploaded 27th Jan 

UK police clearance uploaded 23rd March 

Australian husband - together 10 years, married 7.
2 children with dual citizenship. 
 

Travel exemption and visitor visa granted July 2020, arrived in Australia September 2020.

 


 

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4 minutes ago, Marisawright said:

Are you aware that if your partner does not hold a valid partner visa, she'll need to apply for an exemption to enter Australia while the borders are closed?

Hi Marisawright,
Yes, I was aware of this as well as the quarantine in a hotel as our expense. We have no issue with this. We just want to go home.

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Posted (edited)
14 minutes ago, lepea said:

Hi @TruthSeeking

I’ve just read your other post. I’m not a migration agent but I would consider applying for the visitor visa with Australian citizen children you’re likely to be granted a 12 month Visitor visa without no further stay conditions. Once in Australia apply for an on shore partner visa. 
You then won’t have to worry about leaving the country to activate an off shore partner visa. 

Hi @lepea,
Before all the lockdowns, we were wanting to go to Australia. It would have been much easier to just apply from within Australia. This is the Visitor Visa 600 I assume? I saw online the No Further Stay Condition 8503 I think it was stated on immigration's website. Based on this and combing forums I figured this condition of No Further Stay is automatic for that particular visa, at least it's listed as a condition on their website (correct me if I'm wrong).

We'd MUCH rather apply from within Australia. I don't like the idea of us applying in the USA, being stuck, especially with all that's going on in the USA, I got my family to protect and do miss my home country.
What about tickets, I'm assuming Border will want to see return tickets on the Visa 600?

Edited by TruthSeeking

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@lepea,
Going to the Visa Steam 600 on immigration's website under "About this Visa" it states below:

image.thumb.png.7d8ad87c7f0a4cb28e4b81269d541ffc.png

note where it says "You can't apply for a new visa because your visa will have condition 8503, no further stay."

Other sites say this is a mandatory condition on this visa.

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12 minutes ago, TruthSeeking said:

@lepea,
Going to the Visa Steam 600 on immigration's website under "About this Visa" it states below:

image.thumb.png.7d8ad87c7f0a4cb28e4b81269d541ffc.png

note where it says "You can't apply for a new visa because your visa will have condition 8503, no further stay."

Other sites say this is a mandatory condition on this visa.

8503 is only mandatory in the Sponsored Family stream of this visa.


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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55 minutes ago, paulhand said:

8503 is only mandatory in the Sponsored Family stream of this visa.

Thanks, so this would rule this visa out unless if we applied for the 309 and then this 600 family stream in meantime.

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Just now, TruthSeeking said:

Thanks, so this would rule this visa out unless if we applied for the 309 and then this 600 family stream in meantime.

No - it rules out the Sponsored Family stream ... 


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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1 minute ago, paulhand said:

No - it rules out the Sponsored Family stream ... 

Ah, I see. So if she did a tourist visa instead it wouldn't have this condition? Would this not flag my wife's visa if we're applying for the exemption required currently?

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Ah, so I see the Visitor visa (subclass 600) Tourist stream option is also available to family. I also noticed the stay can vary, so they could put a 3 month limit on it. But usually up to 12 months is the limit. Plus side I see is if you have children who are Australian Citizens then you may be granted a longer stay. The downside though is they can still attach the No Further Stay condition to this visa. Also you must not intend to stay. Tickets and quarantine is expensive especially for the entire family. I will see if we can reach out to a professional for a consultation and see all our options.

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15 minutes ago, TruthSeeking said:

Ah, so I see the Visitor visa (subclass 600) Tourist stream option is also available to family. I also noticed the stay can vary, so they could put a 3 month limit on it. But usually up to 12 months is the limit. Plus side I see is if you have children who are Australian Citizens then you may be granted a longer stay. The downside though is they can still attach the No Further Stay condition to this visa. Also you must not intend to stay. Tickets and quarantine is expensive especially for the entire family. I will see if we can reach out to a professional for a consultation and see all our options.

paulhand, who replied above, IS a professional. 

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Posted (edited)
53 minutes ago, TruthSeeking said:

Ah, so I see the Visitor visa (subclass 600) Tourist stream option is also available to family. I also noticed the stay can vary, so they could put a 3 month limit on it. But usually up to 12 months is the limit. Plus side I see is if you have children who are Australian Citizens then you may be granted a longer stay. 

You don't need a longer stay. You arrive and put your application in and you'll get a bridging visa.

You are not allowed to arrive in Australia on any temporary visa with the intention to stay permanently.  However it's not illegal to apply for a permanent visa once you're onshore. 

Edited by Marisawright

Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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On 05/08/2020 at 09:18, lepea said:

Hi @TruthSeeking

I’ve just read your other post. I’m not a migration agent but I would consider applying for the visitor visa with Australian citizen children you’re likely to be granted a 12 month Visitor visa without no further stay conditions. Once in Australia apply for an on shore partner visa. 
You then won’t have to worry about leaving the country to activate an off shore partner visa. 

@lepea - did applying for the exemption do anything to trigger them to look at your 309 visa? Also when you apply for the exemption do you have to provide any evidence of your flights/travel? Just wondering if you can apply for the exemption but have no intention of travelling on the hope they look at my 309 application?! Thanks 🙂


UK Citizen married to Australian, 2 dual citizen kids.

Together 2011, Married 2015. Offshore 309/100. Live in London

Paid for visa: July 2019

RFI: Feb 2020

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