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docmartin

Wife Has To Be Out Of Australia For Visa Grant ?

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Hi people.

 

I'm an Aussie man who's married a Thai woman.

 

She applied for a 309 visa in June 2017 and it's in the system waiting for a decision.

She has been to Australia on visitor visas several times and is here now on a 12 month / multiple-entry / 3 month maximum stay visa.

 

This document - http://www.homeaffairs.gov.au/Trav/Visa-1/309- says

 

'You must be outside Australia when you lodge your application and when a decision is made on the temporary Partner visa (subclass 309)'

 

So what happens if a decision is made while she is here ?

 

If she leaves Australia immediately can she re-enter on the 309 visa ?

Or what ?

 

Any comments will be appreciated.

 

 

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If she is onshore and a 309 is granted, The 309 immediately replaces the VV, and she is now on the 309. That is my understanding of Perm visas cancelling temp visas.

 

But, Immi usually engineer things so that she will out of the country when the decision is made, so as to not have an issue with her staying illegally with no 309.

 

Its going to come down to when her visa's expire and when u get a decision.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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If she is onshore and a 309 is granted, The 309 immediately replaces the VV, and she is now on the 309. That is my understanding of Perm visas cancelling temp visas.

 

 

Thanks your dudeness.     A 309 would be a temp visa cancelling a visitor visa I guess.

The 100 is the permy visa.

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Will do rocketman.

 

There was a request for further documents (that I thought I’d supplied) in November which have since been sent.

Something that’s a bit dorky about online applications is that there’s a limit of 60 docs that may be attached but you don’t find that out until the limit is reached, and once it is, then the attached docs can’t be edited (ie drop a few photos of the happy couple so more docs can be attached).

Another difficulty was persuading the system that she had previously married the same Thai man twice (married, he was bad, divorced, promised to be good, remarried, he was bad again, divorced again) and that it wasn’t a case of entering the same spouse/divorce twice in error.

 

I can see why people go for the visa agent option, particularly when some of my fellow dinosaurs aren’t so good with IT and long to strangle their laptops occasionally, not to mention restraining the urge to tell the Minister how to run the department.

 

Don’t get me started on the ‘getting Thai documents certified’ thing.

 

And I do wonder why they have to be translated when the visa workers in the Bangkok embassy who process applications are Thais and can presumably read Thai documents. No doubt it’s something to keep Sir Humphrey happy.

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Some world class idiocy today.

 

Called the info line to ask about the situation re ‘has to be out of Oz when decision is made’.

Spoke to a recent graduate in Oz who launched into a standard spiel out of the book until I interrupted and asked the specific question again.

Answer - they will email her so she can go back to Thailand for the decision.

Also asked whether there’d be a phone interview with her.

Answer ‘might be - they’ll email her’. Wasn’t sure but assumed it could be done with her in Oz.

 

But in the afternoon there was an email from the visa section of the Bangkok embassy asking why the request for further information hadn’t been answered.

 

It had of course, so I sent off a screenshot of their acknowledgment of the email’s receipt, attached zip files of info, and added a photo of my passport and my police clearance to my part of the online application (but couldn’t add any of her docs to her part because it’s full and can’t be edited).

 

I was very not happy.

It’s not hard to generate a Ministerial enquiry but I hope it doesn’t come to that.

It’s all so pathetic - she’s of good character, healthy, speaks English, has a degree, has no kids or dependents, has no family wanting to move here etc etc.

I can support her, have no debts, own our house, earn decent money blah blah blah.

If they won’t let her in then they won’t let anyone in so why all the BS.

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I started my wife’s application online, and only after the documents were uploaded did the option of uploading documents as a sponsor appear.

The assumption seems to be that applicants have underpinning knowledge about procedures, which is not the case.

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answering your original post's questions.

 

So what happens if a decision is made while she is here ?

 

If she leaves Australia immediately can she re-enter on the 309 visa ?

Or what ?

 

Any comments will be appreciated.

 

They will not make a decision while she is here. They will notify you or your partner that they are about to make a decision and ask her to leave the country.

 

After leaving Australia, she would then need to contact the CO and they will make the visa decision. and if it's granted, she can enter Australia using the new 309 visa.

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This scenario happened to me recently. My wife is on a VV in Oz while we applied for an offshore VISA from the UK, I'm her sponsor. I was sent an email:

 

one of the criteria for the grant of this subclass of visa is that you must be outside Australia at the time of grant of visa.

 

Departmental records show that you are currently in Australia.  Therefore, you will need to leave Australia before I can grant your visa(s).

 

Please advise me by email or by facsimile of your intended date of departure from Australia, flight number and country of destination.  

 

Literally the day after arriving in Thailand we received our 109/300.

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I started my wife’s application online, and only after the documents were uploaded did the option of uploading documents as a sponsor appear.

The assumption seems to be that applicants have underpinning knowledge about procedures, which is not the case.

 

It's not the case, but the department is clear on sponsorship and applicant forms that need to be filled out. Sorry to hear you're having a rough go. 

 

As for going back to Thailand when a decision is made, she doesn't need to go back to her home country. Once they ask her to leave, she can book a flight to New Zealand or anywhere close by that isn't Australia and they will inform her of the grant. I've read many cases where that is the case.

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It’s not a huge drama, just the usual wrestle with bureaucratic processes that aren’t very user-friendly, with the added thrill of occasional incompetence from the applicants and/or the pen-pushers.

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The website is actually pretty good about describing the process now. Under the sponsor section, it explains how the sponsor can create the sponsorship app in immi and what all is required for both sponsors and applicants. It even includes details on how to acquire the proper police checks.

 

Also, a decision can't be made for an offshore visa if the person is onshore. She will be requested to leave the country for a decision to be made. Some people are given a deadline for this.

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She also does not have to go back to her home country. She can go anywhere in the world as long as she flies offshore (cruises don't count) for the offshore grant.

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The website is actually pretty good about describing the process now. Under the sponsor section, it explains how the sponsor can create the sponsorship app in immi and what all is required for both sponsors and applicants. It even includes details on how to acquire the proper police checks.

 

Also, a decision can't be made for an offshore visa if the person is onshore. She will be requested to leave the country for a decision to be made. Some people are given a deadline for this.

 

Ummm  no. 

 

Had a call from the visa section in Bangkok the other day - I think as a result of my email to the ambassador.

What was said was that they were ready to make a decision and that it would be made once she was out of the country.

 

I enquired whether it was standard practice to advise that a decision was ready to be made and the answer was that it was not, ie. that if she were in Australia they'd wait until she was out of the country, so I was given a non-procedural courtesy call it would seem.

 

So she's off to Bangkok on Saturday and hopefully the decison will be made next week.

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They contacted me and asked me to leave, as well as several other people I know. I've yet to hear of someone not being notified to leave and just sitting around waiting for a decision that doesn't come just because they're onshore.

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I wouldn't say it's standard practice to advise people a decision is ready to be made for every case, of course not. Why would they go out of their way to advise someone that theu were going to make a decision and then make the decision? Pointless. But if they are ready to finalize and can't because someone is onshore and they need to be offshore, then yes they do notify you.

 

Quote from the department email sent to me while onshore: "As we have received all the required documents, your application is now

ready to be finalised. Our movement records indicate that you are currently

in Australia. Since you lodged outside Australia, you need to be outside

Australia for the grant of the visa. Please make arrangements to depart

Australia. You need to remain outside Australia for at least 3

full business days, however I strongly recommend 5 full business days.

This is to allow for any operational delays such as embassy closures due to

weather conditions, systems upgrades etc. You are able to travel to any

country closer to Australia if you wish. Please ensure that your travel is

by plane and not by cruise ships."

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doc I think you will find the difference in the wording, as sky has said a quick search will reveal many instances where people were officially informed via email to leave the country. from the Bangkok office and many others.

if you simply asked is it standard practise to advise of pending decision then the answer would be no, as they could well think you mean people offshore as well. but if you asked specifically about offshore and they gave you that info perhaps they are just a junior making contact as they were told and haven't done it before? many possible scenarios.

 

realise that you can only go of your experience though as can we all.

 

congrats and all the best.

now the fun and games start for the 100 lol.

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Thanks Aussie.     Yes, I specifically asked about the situation when the partner is onshore on a visitor visa.

 

I think the 100 will be okay as long as she doesn't rob too many banks before the application.

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more the wait and the paperwork is a pain, eligible 2 years after lodging initial currently 90% within 28 months. we are up to 14 months past eligibility and as she left to go to Thailand today they made sure she knew she should apply for permanent, they were surprised when she said we already did at the time and hasn't heard a peep.

also a heads up they don't send reminders out as to when you are eligible for the 100 anymore so don't forget.

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Four years !

 

My wife has more brains and drive and ability than most of the Australian population.   No wonder the pollies are frightened.

 

Maybe we need a migrant exchange program that exports our drongoes.  (see above)

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