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De facto 3 Year Criteria


Guest danniecorizza

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Guest danniecorizza

Hi Guys,

 

Currently on a Subclass 309,

 

Does anyone know if I can apply again (onshore this time) now that the rules have changed on 'long relationships' from 5 to 3 year (which they hadn't when i applied) so that I can become resident rather then having to pass my 2 year wait time. ( I now meet 3yrs criteria)

 

Thx

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Guest siamsusie

Hi Dannie,

 

Are you saying that you are on a temp 309 right now, and would like to reapply for an 802?

 

What a shame that they didnt make it retrospective when they changed the rulings eh!

 

I cant answer your question but saying that this could be done, are you willing for your existing 309 to be cancelled, placed on a Bridging visa A, no work right (poss) pay the mammouth fees again with a poss. 10 month waiting period?...also maybe having to renew medicals and police checks (the latter having to be done anyway when you become pr.)

 

Interesting one, good luck, see what others might come up with.

 

Susie x

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I think you can, but given the current waiting times, you're probably better off waiting out your two years, especially since there's no guarantee that they'd give you the PR one, the CO allocated to your case may decide there's a gap in your application and put you back on an 820, with another two year wait.

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Hi Guys,

 

Currently on a Subclass 309,

 

Does anyone know if I can apply again (onshore this time) now that the rules have changed on 'long relationships' from 5 to 3 year (which they hadn't when i applied) so that I can become resident rather then having to pass my 2 year wait time. ( I now meet 3yrs criteria)

 

Thx

 

How long have you got to go on the temporary visa?

 

If it is really another two years, then if you don't mind the expense and would rather the security, I think it makes perfect sense to lodge a new application and get the PR visa straigt away.

 

Don't understand the comments about bridging visa etc, you won't go onto a bridging visa you will remain on your current visa and even if you did go onto abridging visa you would have the same work rights as your current visa.

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