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spouse visa 309


lindajyyu

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Hi everyone~ Happy new years..

 

I have a question that I will need everyone's advise please~~

I am applying for spouse visa 309 for my husband, and have submitted the application on 15/7/2011 overseas in Taiwan.

Our CO has told us that the average processing time for a partner visa application is 6 months from the time of lodgement.

 

We don't want to stay seperated in 2 different places for all these waiting time, and so husband has been in Sydney on tourist visa (ETA).

He first visit was on 26/8/2011 and we both went back to Taiwai for holidays on 16/10/2011.

Then we've come back to Sydney together on 1/11/2011 until now (he is still on tourist visa).

 

Because of his tourise visa (ETA) for this entry will expire at the end of this month, and we are not sure if his spouse visa will be granted before that. I am thinking of applying for his extended stay on tourise (e676) Visa http://www.immi.gov.au/e_visa/e676.htm

 

Does everyone think this is a good idea? Or should we just go for a short holidays somewhere and come back again?

 

Thank you~~

 

:ssign16:

 

 

visa and fees submitted 15/07/2011, received on 18/07/2011, CO assigned 07/09/2011, medical exam 19/10/2011

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Guest GeorgeD

Your husband applied offshore (in Taiwan). This means he has to be offshore when the 309 Spouse Visa is granted. It can't be granted if he is in Australia. This means he will need to leave Australia at some point to get his 309.

 

This would be much easier if you knew when his visa was likely to be granted. Speak to your CO and explain the situation. If your husband meets all the requirements then your CO should be able to advise roughly when it is likely to be granted. It may be you can coordinate him leaving at the end of the 3 months of his tourist visa with the grant of his 309 visa, saving him an additional trip out of Australia.

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Thank you GeorgeD and that sounds much easier yo do.

The CO has said that the processing time is about 6 month from the day we've lodged the applications.

Does that mean they will start reviewing it after the 6 months?

Or we are expected to get an anwser around the end of 6 months please?

 

Thank you~

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I think you can still be Sydney when your husband is granted the visa, BUT, he has to validate his visa by re-entering the country. Anyone can verify this? I thought I read about it somewhere in this forum :)

 

You have to be offshore when the visa is granted. If you are in Australia on a tourist visa, what they do is email you and advise you that the visa is ready to be granted. You then organise to go to an offshore DIAC, they'll give you confirmation paperwork and update the info electronically on your passport and you can return to Australia. This means you'll re-enter Australia on the correct visa.

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Guest GeorgeD
I think you can still be Sydney when your husband is granted the visa, BUT, he has to validate his visa by re-entering the country. Anyone can verify this? I thought I read about it somewhere in this forum :)

 

This is wrong, if you apply offshore you must be offshore at time of grant. Then you enter on your new visa.

 

If you apply onshore, then you can be on or offshore at time of grant. Processing times for onshore applications tend to be much longer.

 

To the OP, the processing time normally starts from when the application was received (use the date your fee was taken as this means someone has opened the application!)

 

From my own experience and reading others in a similar situation, your CO reveiws your application soon after they are allocated. If they need further info they will ask for it then (like in my case). If they don't and you have submitted sufficient info for them to grant, then you really don't hear much from them. At this point your application seems to be put into a pile to wait until the end of the current published processing time. When the end of the processing time comes around, it comes out of the pile and your visa is granted. In many cases, including my own, it is helpful if you contact your CO and tell them the processing time is about to end, or already has ended...they sometimes forget or process others first!

 

If you have a key date due to flights booked or a visa situation, you have submitted sufficient evidence and meet all the requirements, and the published processing time oould end before the key date you need it granted by, then there really isn't anything to stop your CO granting the visa. You should contact your CO to make sure they have all the info they need and explain the timescales you are working to. If they can legally grant your visa at a time which is better for you then they will.

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