Timeline (309-Spouse visa) applied in May?

[aussiegirlbay]

wow...good luck....have fun there:P

Hi, I applied for Partner Visa in early Nov 2012, and for sponsored visit in start of March 2013.

[XaraBB]

Dear All,

 

Please see below links for Sponsored Family Visit Visa:

http://www.immi.gov.au/migrants/family/questions-answers.htm#f

 

[h=2]I lodged my family stream visa application outside Australia. Can I have a visitor visa while I am waiting for my permanent visa so that I can be with my family in Australia during the processing?[/h]Visitor visas should not be used for long-term stays, for residence in Australia or for the purpose of remaining in Australia for extended periods to await a migration outcome.

 

When applying for a visitor visa you must meet all requirements, including the genuine visitor criterion, for that visa to be granted. The periods of time an applicant has spent in and out of Australia are taken into account in deciding a visitor visa application.

See:

Fact Sheet 54 – Sponsored Family Visitor Visas

Fact Sheet 53 – Australia's Entry System for Visitors

Applicants who travel to Australia on a temporary visa while waiting for their family stream visa application to be processed by an immigration office outside Australia should inform the processing office about their planned visit to Australia.

 

If an application for a family stream visa was made outside Australia the visa generally cannot be granted while the applicant is in Australia. The exception is where a combined application was made for a subclass 309 (provisional) partner visa and a subclass 100 (migrant) partner visa. In such cases the permanent partner visa may be granted in Australia provided the applicant holds the subclass 309 visa.

 

 

[h=2]Visa conditions and penalties[/h]Conditions attached to the visas are:

 

 

• 8101 – no work
• 8201 – while in Australia, the holder must not engage in any studies or training for more than three months
  
• 8503 – no further stay
  
• 8531 – must not remain beyond the visa period.
  
• 
  

 

Note: Subclass 600 visa holders are no longer required to pass a chest x-ray examination, even if they intend to study in a classroom environment for a period greater than four weeks.

 

If for any reason the sponsored family visitor does not depart Australia before their Sponsored Family stream expires, or if they breach any of their visa conditions, penalties will be imposed upon the sponsor. The sponsor will not be eligible to provide further sponsorships under this visa class for five years. If a security bond has been lodged, it may be forfeited.

 

If a request for waiver of the 8503 (no further stay) condition is made, which results in the sponsored family visitor remaining in Australia after their Sponsored Family stream expires, it will be taken that the 8531 condition has been breached (must not remain beyond the visa period). Penalties will then be imposed upon the sponsor, even if the 8503 condition is waived and a further visa is granted. If a security bond has been lodged, it may be forfeited.

 

http://www.immi.gov.au/media/fact-sheets/54sponsored.htm

 

[XaraBB]

Here is the Genuine Visitor Criteria based on Procedure Advise Manual 3 (PAM3): (These procedures are regarded as Immigration Bible. i.e. nothing can be done outside of these rules/procedures.) Hope you guys find it helpful.

 

8.2 Assessing whether the applicant meets the genuine visitor requirement

 

In establishing whether this criterion is satisfied, relevant considerations may include, but are not limited to:

 

 

• the personal circumstances of the applicant that would encourage them to return to their home country at the end of the proposed visit
  
• the applicant's immigration history (for example, previous travel, compliance with immigration laws of Australia or other countries, previous visa applications/compliance action)
  
• the personal circumstances of the applicant in their home country that might encourage them to remain in Australia (for example, military service commitments, economic situation, civil disruption)
  
• conditions that might encourage the applicant to remain in Australia
  
• the applicant's credibility in terms of character and conduct (for example, false and misleading information provided with visa application)
  
• whether the purpose and proposed duration of the applicant's visit and their proposed activities in Australia are reasonable and consistent (for example, is the period of stay consistent with "tourism")
  
• information in statistical, intelligence and analysis reports on migration fraud and immigration compliance compiled by the department about nationals from the applicant's home country. Such information, developed as profiles, may assist officers in deciding whether closer examination of an application is required to ensure the integrity of the visitor visa program.
  

 

 

Personal circumstances that may encourage the applicant to return to their home country ("home country" being country of usual residence), include:

 

 

• on-going employment
  
• the presence of immediate family members in their home country, that is, does the applicant have more close family members living in their home country than in Australia
  
• property, or other significant assets, owned in their home country and
  
• currently residing in a country whose nationals represent a low risk of immigration non-compliance, even though the applicant is originally from a country whose nationals represent a statistically higher risk of non-compliance.
  

 

 

Officers should also consider the applicant's economic situation — including unemployment or employment that, based on knowledge of local employment conditions, such as salary rates, would not constitute a strong incentive for the applicant to leave Australia.

 

Consideration of the applicant's immigration history may include but is not limited to:

 

 

• previous travels to Australia; that is:
  
  • has the applicant previously travelled to Australia and, if so
    
  • did they comply with the conditions of their visa (or, if not, were the circumstances beyond their control) and
    
  • did they leave before their visa ceased
    

   

   

 

 

 

• previous visa applications for Australia; that is:
  
  • has the applicant previously applied for a permanent Australian visa and
    

   

   

 

 

 

• previous travels overseas; that is:
  
  • has the applicant travelled to countries other than Australia
    
  • has the applicant previously travelled to a country where there would be significant incentives for them to remain, in which case, did they comply with the immigration laws of that country.
    

   

   

 

 

In assessing this factor, officers may give weight to applicants who had travelled to and complied with the immigration laws of a country(ies) that has significant incentives for the applicant to remain in that country(ies), either for economic or personal reasons. However, officers may have to use judicious discretion if there is a lack of travel history.

 

Conditions that might encourage the applicant to remain in Australia, include:

 

 

• the applicant's personal ties to Australia, that is:
  
  • does the applicant have more close family members living in Australia than in their home country
    
  • is the applicant subject of adoption proceedings that have not been resolved in their home country
    
  • military service commitments
    
  • civil disruption, including war, lawlessness or political upheaval in the applicant's home country and
    
  • economic disruption, including shortages, famine, or high levels of unemployment, or natural disasters in the applicant's home country.
    

   

   

 

 

Where consideration of the factors above raise doubts about the applicant's ability to meet the genuine visitor requirement, such as where the applicant's circumstances may suggest the need for greater scrutiny, officers may consider/request additional evidence that demonstrates that the applicant intends a genuine visit.

 

Officers may request further evidence from the applicant, where considered appropriate, if departmental statistical or intelligence reports on migration fraud, or profiles based on such reports, indicate that there is a significantly greater likelihood of nationals from the applicant's home country:

 

 

• staying in Australia beyond the expiry of their visa
  
• having their visa cancelled
  
• being refused entry to Australia or
  
• making asylum claims or applying for a Protection visa (PV).
  

 

 

Note: The mere fact that an applicant matches the characteristics of a profile is not grounds to refuse to grant a visa. Profiles are merely an alert that closer scrutiny of the applicant's circumstances might be required. All applications must be considered on their own merits taking into account all the information and supporting documentation provided by the applicant.

 

Additional evidence that officers may wish to consider in deciding whether an applicant is a genuine visitor include:

 

 

• evidence that the applicant has been employed for at least the previous 12 months, has approved leave for the period of stay sought and will continue to be employed on their return home or
  
• if self-employed, evidence they have owned their own business for the previous 12 months or
  
• if retired/non-working have other financial commitments and/or family/social ties that would provide sufficient inducement for them to return to their home country at the end of their visit or
  
• good immigration history.
  

 

 

Generally, offers of support or guarantees given by family and friends in Australia are not sufficient evidence of a genuine visit. The onus is on the applicant to satisfy the decision maker that they intend only to visit Australia. Guarantees from connections in Australia can, however, be critical in assessing whether an applicant has or has access to adequate funds.

 

8.3 Taking a fair & reasonable approach

 

Officers should take a fair and reasonable approach to the genuine visitor requirement, particularly if the applicant is in a partner relationship with an Australian citizen or permanent resident and/or there are children involved — see section 46: In a relationship with an Australian for further information.

 

The focus should be on the current intentions of the applicant. Consequently, the genuine visitor requirement can be satisfied provided the decision maker is satisfied that the applicant intends to leave Australia within the authorised period of stay, even if there is a suggestion that the applicant might later attempt to seek permanent residence and/or return to Australia.

 

In cases where the period of stay requested raises concerns about an applicant's ability to meet the genuine visitor requirement, case officers should consider whether a shorter period of stay would enable them to be satisfied that the visa criteria are met.

[XaraBB]

Message is very clear. Do Not Bend Immigration rules as per your situation(s).

 

There are too many complications and people run into those complications unaware of the consequences.

[ETP]

Medicals can be done from Australia, but seems like grant is not made unless applicant is not in the country. However I am not sure on the second part.

 

Sweet as.

 

Btw what happens if she doesn't receive her medicals by then and when she gets here in aus on visit, she gets them? Basically should wait for medicals before sponsoring on visit yea?

[rackspace]

medical done around 25th of last month, when should i accept visa grant?

Edited April 4, 2013 by rackspace

[sulmar]

I'll discuss it with my CO. Still not really sure how to contact my CO as i only know her name, nothing else.

 

You can contact her by email (use the same email address through which you received acknowledgement letter) do mention applicant Full Name, Date of Birth & Case Reference Number. You can also contact CO through Phone, simply tell operator your Case Officer name. Ta

 

That was an email from AHC. Don't think i can contact her through that eh?

 

And which phone number? The AHC number written on the acknowledgement letter?

Edited April 5, 2013 by sulmar

[XaraBB]

Dear All,

 

My husband in OZ called Immig dept and asked questions on Sponsored Family visit visa.

 

I have gathered his first hand knowledge and sharing with you guys. Please see below:

 

Is sponsored visit visa impact on partner offshore visa processing?

No, these are two separate visa streams, doesn’t impact on processing of partner offshore visa.

How long it takes to get the sponsored visit visa?

6-8 Weeks

What bond amount is required?

This is decided by the case officer and can range from $0 - $20,000. This bond may be refunded when the applicant has left OZ and sponsored has fulfilled all the visa requirements. If any breach of condition occurs this bond will be forfeited and sponsor will be ineligible for 5 years for sponsoring any member.

If partner visa is in process and short stay/visit visa is granted;

Does applicant can get their medical done in OZ?

Yes, they can undergo medical examination while in OZ however, results will be referred to home country CO. This might take longer time.

Like in the past, when grant of partner visa is announced, applicant used to go to nearest country and made appointment with the AHC and get visa labeled on their passport. What’s the new requirement these days?

When grant of partner visa is announced, applicant can go to any nearest country, contact OZ mission office in advance and get your visa.

Here is one example: Someone receives a notification of grant and CO is aware that you are in OZ at this time, CO emails you and ask you to leave OZ.

You now decide nearest country, arrange your ticket, hotel bookings, contact that country’s OZ mission office and email your CO that you are leaving OZ on XX of the Month, your CO will inform you of the final date (XX of the Month) for granting of your partner visa. You can ask CO that do you need to contact nearest OZ mission or CO will contact on your behalf. This has an added benefit. You need to make sure that you and CO are aligned with the arrangements you have made.

If applicant is holding sponsored visit visa and he/she hasn’t travelled and partner visa grant is advised, does it require that sponsored visit visa should cease before granting of partner visa?

No, partner visa supersede visitor visa. If any bond is attached to the sponsored visit visa, a letter is required from sponsor for releasing that bond along with supporting documents such as Airline Ticket, Hotel booking, etc. Anything that can proof that all the requirement of sponsored visa had been met.

 

Does Immig dept in OZ can access offshore applicant’s file:

While in OZ if partner wants to check the status of offshore application, in normal circumstances immigration is not authorize to access anyone’s file, only home country’s OZ mission can access it.

 

Hope you find these helpful.

 

Regards.

Xara

[sulmar]

thank you so much Xara!

[aussiegirlbay]

Yeah Sulmar, same email & phone number...all you need is your CO Name so call & tell operator your CO name and she will put you through...ta...AGB

I'll discuss it with my CO. Still not really sure how to contact my CO as i only know her name, nothing else.

 

 

 

That was an email from AHC. Don't think i can contact her through that eh?

 

And which phone number? The AHC number written on the acknowledgement letter?

[sulmar]

Fine if i speak to her after a month from acknowledgement?

 

just going ask about the status and also about the whole visit visa thingo.

[aussiegirlbay]

guess way bit early to ask about the status of current application as they haven't even opened the case..yeah you can discuss visit visa if you want...ta...AGB

Fine if i speak to her after a month from acknowledgement?

 

just going ask about the status and also about the whole visit visa thingo.

[FirstKnight]

medical done around 25th of last month, when should i accept visa grant?

My Medical was also done on 25th March still waiting for the decision , there is no time frame for it , just hope for best and with any luck the decision can come anytime soon

[rackspace]

My Medical was also done on 25th March still waiting for the decision , there is no time frame for it , just hope for best and with any luck the decision can come anytime soon

 

the average i have calculated from the sheet puts the average duration for grants at just over a month.

[FirstKnight]

the average i have calculated from the sheet puts the average duration for grants at just over a month.

Well LUCKY females get the grant within one month ,few male applicants here are still waiting from 3 to 4 months after done with Medicals , dont worry bro your wife will be with u soon InsAllah, just pray for us(waseem+arshad+me) that we also meet our wives soon i have a feeling that in this month all of us will get visas InshAllah fingers cross , May Allah give them courage to grant us visa soon Ameeeen

[rackspace]

I actually got my PR visa grant in 5 days after submitting medical and PCC.

[faizan]

I reckon the time varies .. one of my friend got his PR grant within 4 days of medical submission.. so you never know hoping it is soon for all of us

[sulmar]

My sister-in-law had her medicals sent in maybe 2 months after acknowledge and she still had to wait 9 months for visa. I'm pretty sure there's a certain period of time you must wait, does not make a difference if you get medicals in early. I could be wrong but by the looks of it, seems this way.

 

That being said, I'm still really hoping medicals come in asap for my wife even though its only been a month =p

Edited April 11, 2013 by sulmar

[Xen]

It's been a month since I submitted my Medicals..No reply as yet..

[rackspace]

It's been a month since I submitted my Medicals..No reply as yet..

 

did you submitted medical on CO's request?

[waseem]

Hey guys its long time.. haven't heard any good news

What about Missu , Arshad, firstknight ? plz update bros

[Xen]

Yes! I dont think you can give your medicals without your CO's request.

 

 

 

 

did you submitted medical on CO's request?

[Star1]

..

Edited July 14, 2013 by Star1

[Star1]

..

Edited July 14, 2013 by Star1

[faizan]

CONGRATULATIONS Star1!! finally male applicants are getting their visas grant before 12 months time.. Wish you goodluck and a great future ahead