I'm pregnant, can my husband on temp spousal visa apply for permanency early??

[Guest fredandginger]

Hi,

My British husband is on a temporary spousal visa which he activated by entering Australia in July 2010. This means we have to wait 2 years before applying for his permanent visa. I am now 7 months pregnant and due in August 2011. I thought that once our baby is born, my husband could apply immediately for his permanent visa, and we would not have to wait the full 2 years (and as a family have the security of his permanency).

We have spoken to others in the same situation who got their permanent visa early (thats what they told us anyway).

I called Australian Immigration, the man I spoke to seemed vague and unsure, but said he thinks my husband still have to wait the full 2 years to apply for permanency.

 

Can anyone offer us some advice? Once our baby is born can my husband apply early for his permanent Aussie visa?

Thanks for your time!

Fredandginger:confused:

If it is possible, what branch of Aussie immigration do I contact?

[Quoll]

Hi,

My British husband is on a temporary spousal visa which he activated by entering Australia in July 2010. This means we have to wait 2 years before applying for his permanent visa. I am now 7 months pregnant and due in August 2011. I thought that once our baby is born, my husband could apply immediately for his permanent visa, and we would not have to wait the full 2 years (and as a family have the security of his permanency).

We have spoken to others in the same situation who got their permanent visa early (thats what they told us anyway).

I called Australian Immigration, the man I spoke to seemed vague and unsure, but said he thinks my husband still have to wait the full 2 years to apply for permanency.

 

Can anyone offer us some advice? Once our baby is born can my husband apply early for his permanent Aussie visa?

Thanks for your time!

Fredandginger:confused:

If it is possible, what branch of Aussie immigration do I contact?

 

You might want to contact Nik_Kershaw, I am pretty sure he was in your situation but AFAIK he didnt get fast tracked. It isnt really going to matter is it? Unless he wants to get a job in law enforcement or join the public service or the army or something of course. As long as you are still together at the end of 2012 and he hasnt done something outrageous, he will be rubber stamped for permanency. I think whether people have got permanency early or not probably depends on the length of their relationship rather than whether they have kids or not.

[Jurls]

What visa are you on or are you a citizen here?

 

I'm on a temporary spousal visa and am eligible to get my PR in April 2012. We have two small babies, they were 4 months old when we arrived and despite having children and being pregnant when we applied for my visa I still had to apply 309/100 as we hadn't been together long enough for me to get a 100 straight away.

 

It hasn't caused me any issues. The only mildly irritating thing is that we can't a family medicare card until I have PR. I just carry a duplicate of DHs as his has the kids on it. My DH is an Australian citizen though so this probably gives me an extra feeling of security.

[_shel]

Nope, if you want to be considered for the PR visa you would need to apply & pay again. I was pregnant when my visa was being processed and it made no difference to the CO. I was granted at 5 months, validated at 6 months and am still waiting for PR which I'm eligible for this sept.

[Guest fredandginger]

Thanks for your replies.

 

I'm an Australian citizen, pregnant, and my hubby is on a temp spouse visa.

I was under the impression that once the baby was born (not while I'm pregnant) and we had our baby's birth certificate that my hubby could apply for a permanent spousal visa.

 

Does anyone know of the correct phone number to call for information on permanent spouse visas (not the general immigration number that you get put on hold for a long time)??

 

:smile:

[_shel]

Nope. If he already has his temp spouse the only way to get the PR quicker is to apply again. If he was only just applying for a spouse visa and the child had been born he could have gone straight on to the PR.

 

There is no phone number for permanent spouse visas. There are only the inquiry lines, that you know about.

 

You might want to speak to a registered migration agent if you need further advice. The department of immigration are not really migration advisers, they are government clerks who process visas. They also give out plenty of duff advice because of this. Including insisting I was the sponsor for my son, not my husband, even though I'm not PR or citizen yet!!!!

 

ETA :- here is an email for second stage processing of spouse visas. They can tell you when your husband is able to get his PR visa from his current application. He should be eligible 2 yrs from the date he applied for his 309 act.ssp.processing@immi.gov.au though they take a while to reply.

[Jurls]

Shel is right. Your partner should email them anyway to inform them of the change in details. I just sent off an email last month to let them know I'd got married and they replied in 4 days.

 

Honestly, I can't see why you'd need to worry about it. You've already paid for the PR processing, all you need to do is a police check and fill out a few more forms 22 months after initially applying surely? Like Quoll said, unless he's done something outrageous then there won't be a problem. Why start again with a new visa application and all that hassle?

 

I initially applied in September 2009 for my 309/100. Before it was granted, I informed them that I had given birth to twins and I was still only granted a 309 and not PR straight off the bat, so I don't think it's automatic that you get granted PR to be honest. Albeit we'd only been together for about 6 months when I fell pregnant and only living together exactly a year when I applied.

 

Because my husband is an Australian citizen, he is eligible for baby bonus and all the family assistance stuff anyway so we just applied for everything in his name and put the twins on his medicare card. I'm due to get my PR in April 2012, at which time I can finally get a family medicare card instead of carrying around my husband's duplicate with me. lol.