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HELP! PROBLEM of changing from 309 to 100 Partner Visa

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Guest Evilsweet

I followed my farther came to Aus one and a half year ago and we are holding 309 visa.

In 21/July/2010, Camberra Second Stady Centre sent the application of 100 visa to us, and in that time I was studying hard on my final HSC exam. After I finished exams, my parents just showed me the letter from DIAC and asked me to help them to prepare the information they need.

And I found a descrition on the first page of the DIAC letter. It said if you did not provide the request information within 2 months, your applicaion will be taken into account.

Absolutely we still want to apply for the 100 visa PR. but what can we do now? Just send the request information to DIAC or we should call them firstly to ask the processing of our file.

Please help me~~. thanks

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Guest Evilsweet

In the letter, it says about timeframe for response:

 

"If you do not reply within the timeframe specified above your application may be decieded without the requested information being taken into account."

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I don't follow.. Your father has remarried an Australian women and you came with him to Australia as a dependent on his visa. Now he would like you to assist him in the the second stage of the application. What information do you need?

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I don't follow.. Your father has remarried an Australian women and you came with him to Australia as a dependent on his visa. Now he would like you to assist him in the the second stage of the application. What information do you need?

 

Nope.My Mother came to Australia 10 years ago and she's citizen now. So, we came with the 309 visa 2 years ago as TR. 2 years passed afther lodgement, DIAC sent the appliacation of 100 PR visa to us in 21/July/2010 and it says we should provide the requested information within 2 months after we receieve the letter. But we missed the period and now it's 4 months after we receive the letter.

There is a descriton talking about time period to response:

"If you do not reply within the timeframe specified above your application may be decieded without the requested information being taken into account."

 

So, our question is what we can do now to continue the application and provide the information they need.

 

thx.

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I think you need to immediately contact a registered migration agent. If you have not followed the instructions on the grant letter, you and your father's visa status may be in question.

 

Why have you waited so long after receiving the letter to do anything about it?

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I think you need to immediately contact a registered migration agent. If you have not followed the instructions on the grant letter, you and your father's visa status may be in question.

 

Why have you waited so long after receiving the letter to do anything about it?

 

Coz I was busy with my final HSC exam that time and my mum gone back CHINA with my sister, my father doesn't know English at all. He knew it's about applying PR, but he thought he should wait untill I finish my HSC. He didn't want to disrupt my study.

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Thanks for the explanation.. I'm really unsure as to where you stand, I think you need to get legal advice from a professional.

 

Do you know why you were given a 309 visa and not the 100 - clearly your parents have been together for more than the required three years..

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Thanks for the explanation.. I'm really unsure as to where you stand, I think you need to get legal advice from a professional.

 

Do you know why you were given a 309 visa and not the 100 - clearly your parents have been together for more than the required three years..

 

309 is a temporary visa for spouse reunion. 100 is continued of 309 and a permanent visa.We should hold 309visa for 2 years after our application was recepted. Afther 2 years, we are eligible to apply for 100.

I am so worried now, coz I am planing to uni next year. I can avoid to pay fully for my uni fees if I am PR.

 

Do you know about any programm about uni fres assistance for students?

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Normally, if the relationship is established (been together for more than 3 years or have children together) the 309 part of the visa is waivered and the applicant goes straight onto a 100 visa (this is what happened to me).

 

Sorry, I know nothing about uni fees. But your real concern should be that you may currently be in the country without a visa (as the 309 may have been expired). You really do need to seek advice from an migration agent or lawyer.

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Guest Evilsweet
Normally, if the relationship is established (been together for more than 3 years or have children together) the 309 part of the visa is waivered and the applicant goes straight onto a 100 visa (this is what happened to me).

 

Sorry, I know nothing about uni fees. But your real concern should be that you may currently be in the country without a visa (as the 309 may have been expired). You really do need to seek advice from an migration agent or lawyer.

 

Thank you so much for your patience and help and sorry for my poor English coz I've been here for only one and half a year.

I will make call to DIAC as soon as possible tomorrow.

Anyway, appreciate for your answers and good luck to your life.~

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The best course of action is to speak to a migration agent or lawyer, before you speak to DIAC.

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