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Guest eama

Will I get premenant or temp spouse visa??? Subclass 309 or 100

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Guest eama

Hi There,

 

We applied for a subclass 309 visa back in July 2009. At this time we have been married for 4 years and 7 months. Now it has been more than 5 years since we got married and the visa is still being proccessed. our question is:

When the visa is hopefully granted, will it be a permemnant visa (Subclass 100) or a temp 2 years years vis (Subclass 309)?

 

Thanks in advance.

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Hi Eama

 

To be directly granted 100 you would need to demonstrate a long term relationship (5years) at the time of application. The marriage of 4 years 7 months will not suffice on its own however if you have provided evidence to support you relationship i.e. cohabitation defacto relationship prior to your marriage the case officer may consider you for the 100 as it could be seen that you were each others spouse for 5 years at the time of application i.e. 4 years 7 months marriage and 5+ months living together before getting married.

 

This seems like a long processing time did they tell you it would take this long? Are you applying through London?


Glenn Wellburn

Registered Migration Agent 0850908

www.gwmigration.com

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Guest Guest31881
Hi There,

 

We applied for a subclass 309 visa back in July 2009. At this time we have been married for 4 years and 7 months. Now it has been more than 5 years since we got married and the visa is still being proccessed. our question is:

When the visa is hopefully granted, will it be a permemnant visa (Subclass 100) or a temp 2 years years vis (Subclass 309)?

 

Thanks in advance.

 

 

Its not actually the amount of time you have been married, its the amount of time you have been living as a couple, so it will depend on if you were together 5 yrs before application. have you checked on your application, mine took 10 days (subclass 100). 6 months seems a hell of a long time for this visa? Are you in UK or some where else and applying.

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Guest cham11

The time for consideration of de facto relationship/marriage is counted from time of lodgment of application. If you had paperwork for 5 years of de facto/marriage then you could get perm straight away.

If you had children then 2 years marriage sufficient for permanent visa.

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Guest eama

Hi Every one,

 

Thanks for your replies. I am applying from the UK to AHC in London. What happened was, the case officer requested form 80 on the 10t of July, I sent it back in the 15th of July. I haven't heard a word from them for ages after that, not even acknowledging the receipt of form 80. We emailed later in August to check the progress and whether they received form 80. The case officer didn't answer our emails for ages, so we called one day and the case officer told us that every thing was fine, and they were doing checks on form 80 by external agencies. She refused to tell us what checks.

 

We emailed again at the end of September, and we kept getting auto responses, that they were doing checks. As it has been 5 months in December since we applied for the visa, we aked for a clear explanation of what was going on and whether any docs were requested, and we used some points of the migration act as the case officer refused to tell us what checks they are doing on us, which is not her right.

 

we had a response from a senior officer this time apologising, and explained to us that the case officer forgot to submit for 80 for external processing, and they only did that at the end of september. instead of when they received it in mid July. We were furious, as this happened dispite our emails to the CO requesting more info. We were told by the senior officer that our application will be fast tracked once they receive the checks from the external agencies. It also looks as though, they mixed our application with some one elses, as they said form 80 was missing some fields which they completed out of my CV. Well, we never sent a cv with the application or with form 80. They also never reequested a CV from us.

 

Any advice will be appreciated. Can I do anything to speed things up. How long does it usually take after submitting form 80?

 

We have been togeather for more than 5 years when we submitted the application but we only submitted evidence of after we got married.

 

Thanks a lot for all your help and support.

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Hi Eama

 

You will need to quickly claim that you were living together in a defacto spouse relationship for at least 5 or 6 months prior to getting married - you will also require evidence for that period. you can then request that they grant you the permanent visa.

 

Regards

 

Tony


Anthony Coates MARN: 0601801

tonycoates@eircom.net

 

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Guest eama

Hi all,

 

Just wanted to share the good news. My visa was granted today after 8 months and one week. A long wait but was well worth it. I was grated the subclass 100 visa.

 

Thanks you for all your help and support.

 

PS: Just noticed the spelling mistake in the thread title. lol.

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Guest TheresaM

Congratulations Eama!

 

Can't believe that your visa took so long, as I remember you applied around the same time as me!! But then, we did have the same CO...............

When are you moving to Australia?

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Guest navdeepkaur

hi i applied for subclass 100 in april 2011 and still waiting .if any one have idea about time line please

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