"High Risk Country" Spouse Visas

[Guest guest40944]

Hello all,

 

was hoping someone on PIO would have the answer to this - Gollywobbler maybe?

 

I presented my Spouse Visa application in person to the Australian High Commission in Nairobi today - no dramas, they were happy with everything I provided, did it ourselves so probably went overboard with the evidence.

 

We have been married for 5 years and have three children, all of whom are Australian Citizens, so the High Commission were very positive that I'd get Permanent Residency (Visa sub-class 100).

 

I then asked how long it will take to get the visa and was told "no less than ten months". I was quite shocked to say the least, esp. as I leave Kenya in August (for UK) and we have our flights to Australia booked for 22 Nov 2010. When I expressed surprise at this timeline she said "we're a high risk country, there are a lot of checks that have to be done."

 

I'm a British Citizen. I'm only in Kenya because I was posted here by the British Army. My question is will common sense prevail and they consider this or will they treat my application as "High Risk"? Obviously on my list of countries visited in the last 10 years those well known safe holiday hotspots of Afghanistan and Iraq crop up.

 

With these countries on your application is there an immediate "STOP STOP STOP", fille handed over to the Security Services and it sits in an in-tray for 10 months until they realise you're OK and grant you the visa? Or are the Australians a bit more grown up than that?

 

Obviously this is a huge blow to my plans and looks like it will wreck my family's timeline. Any advice would be very welcome.

 

Gareth

[Guest blondeaussie]

Hi Gareth,

 

You should have no trouble obtaining the SC 100, Permanent Visa from the sounds of things. If you are concerned about the processing times, then have a look at DIAC's Client Service Charter.

Client Service Charter

 

This should help you out with the processing time service standards for DIAC.

As you have lodged the application in a 'High Risk Country' (meaning a country that is not eligible for an ETA visa to Australia) you may have to wait that little bit longer for your visa to be processed.

 

Processing times for 'low risk' countries are at 6 months for PR Spouse Visas, so your not that far behind had you lodged your visa in the UK, or a 'low risk' country.

Just remember that all the processing guidelines are an approximate, some visas are processed quicker and some slower than the published times.

 

Things with DIAC are never as the seem, so it does become very difficult to plan your life around a visa grant. If you still have no PR visa in November, you would be eligible to enter Australia on a Tourist or ETA Visa whist DIAC finish processing your SC100.

 

Best of Luck!!

 

:biggrin:

[Guest guest41018]

Hello all,

 

was hoping someone on PIO would have the answer to this - Gollywobbler maybe?

 

I presented my Spouse Visa application in person to the Australian High Commission in Nairobi today - no dramas, they were happy with everything I provided, did it ourselves so probably went overboard with the evidence.

 

We have been married for 5 years and have three children, all of whom are Australian Citizens, so the High Commission were very positive that I'd get Permanent Residency (Visa sub-class 100).

 

I then asked how long it will take to get the visa and was told "no less than ten months". I was quite shocked to say the least, esp. as I leave Kenya in August (for UK) and we have our flights to Australia booked for 22 Nov 2010. When I expressed surprise at this timeline she said "we're a high risk country, there are a lot of checks that have to be done."

 

I'm a British Citizen. I'm only in Kenya because I was posted here by the British Army. My question is will common sense prevail and they consider this or will they treat my application as "High Risk"? Obviously on my list of countries visited in the last 10 years those well known safe holiday hotspots of Afghanistan and Iraq crop up.

 

With these countries on your application is there an immediate "STOP STOP STOP", fille handed over to the Security Services and it sits in an in-tray for 10 months until they realise you're OK and grant you the visa? Or are the Australians a bit more grown up than that?

 

Obviously this is a huge blow to my plans and looks like it will wreck my family's timeline. Any advice would be very welcome.

 

Gareth

 

We are in a similar situation. We are UK nationals, we did our medicals/pcc in January 2010 (applied July 2009 - Pharmacist CSL) and expected to have visas in hand soon after - we still haven't got them. In early January they asked my wife to resubmit her Form 80. She was born in Pakistan, but left at the age of 5 to come to the UK, about 30 years ago. Quite what they are expecting to find in a country with no records of anything, let alone from 30 years ago, I don't know - one would have thought that common sense would have prevailed. One is, of course, assuming that the checks are taking place in Pakistan and not the UK as I wouldn't expect the UK to take so long and be so incompetent. Matters become even more ridiculous - my wife not only has an 8.5 in her IELTS, we have been to Australia twice before in recent years and she has even been there and worked on a 457 visa, subsequently being registered with the Queensland Board of Pharmacy.

 

As for your situation, it would appear that they are treating anything they get at their end as 'High Risk' by default in Nairobi, perhaps if you had applied in the UK, things might have been different. The Form 80 does ask whether you have served in the military so I think that might be complicating matters somewhat, even more so given the countries you appear to have been to; I think questions 32 and 33 would be very relevant to you. Personally, I don't think common sense will prevail, I have seen no evidence of it in our case or that of many others. Quite what checks they do in a high risk country I don't know, I doubt they do anything of worth in such disorganised countries where the data is so pathetic - sounds like bs to me, just an excuse to be lazy and I have read threads which relate to the fact that they use the 'high risk' situation to go slow and take their time depending on priority. So yes, it probably will be left in someone's in-tray for many months, sadly. Essentially, it is ASIO that conducts these checks. If they take over six months for their part you can complain to IGIS and the commonwealth ombudsman, which we are on the verge of doing.

 

Hope that helps, although I doubt it.

[wrussell]

Neither the minister nor his delegates are afflicted by common sense. Re-applying in UK might be an option, either with or without withdrawing the current applicatio0n. It is possible for some 'integrity checks' and police clearances to be waived in certain circumstances. I suggest that you run your case past a registered migration agent to get some advice about options.