Spouse Visa Application

[gburns57au]

For a spouse visa......the clock starts from the date of the first documentation received by the embassy....usually the Police or Medical certificate......the applicant has 12 months from that date to enter Australia....The entry date will be given on the visa.

The tourist visa has a 3 month limit.

Graham,

You are correct on that one, it is 12 months from date of visa issue and it is this date which is important as this is when the 2 year sponsorship starts.

The official lodgement date is when the application is initially received by DIAC. It will be date stamped.

On the visa it has an entry date and a grant date.....the entry date is 12 months after the first documents are received, not the lodgement date....the first document usually received by the Embassy is the Medical check which has to be sent direct to the embassy. That kickstarts the entry date.

The permanant residency is taken from the date of grant.

In our case the lodgement was early September to mid September the entry date on the visa is the 20th of August....the grant was early December.

[gburns57au]

Another Question (again)

After interview and no further paperwork asked for and seemingly no other issues, is it prudent after some time has passed to call and query the progress of an application, or should one just go back into the 3 month loop and wait?

The Case Officers do give out their direct number, so I imagine there is no issue in giving them a call!

Just sit tight for a while....it will take a couple of months at least to process

[david96]

For a spouse visa......the clock starts from the date of the first documentation received by the embassy....usually the Police or Medical certificate......the applicant has 12 months from that date to enter Australia....The entry date will be given on the visa.

The tourist visa has a 3 month limit.

Graham,

You are correct on that one, it is 12 months from date of visa issue and it is this date which is important as this is when the 2 year sponsorship starts.

The official lodgement date is when the application is initially received by DIAC. It will be date stamped.

On the visa it has an entry date and a grant date.....the entry date is 12 months after the first documents are received, not the lodgement date....the first document usually received by the Embassy is the Medical check which has to be sent direct to the embassy. That kickstarts the entry date.

The permanant residency is taken from the date of grant.

In our case the lodgement was early September to mid September the entry date on the visa is the 20th of August....the grant was early December.

This website might clarify matters.

http://www.facs.gov.au/guides_acts/ssg/ssg...e-9.1.2.90.html

Permanent residence visa granted - onshore

The start date of permanent residence in Australia is the date of grant of the permanent residence visa by DIAC.

Permanent residence visa granted - offshore

The start date of permanent residence in Australia is the date of first entry to Australia as the holder of a permanent visa, as stamped on the passport of the person. This date will in most cases be a date between the date the visa was granted and the date by which the visa holder should have arrived in Australia.

[sezzo]

Guys,

We lodged our application for spouse visa on 28th Feb. I expected not to hear anything for a c ouple of weeks re. interview etc. I flew out of BKK on 5th and arrived yesterday arvo at Sydney. Rang the wife who told me that our friend who applied a couple of weeks earlier and also had the interview a week or so later had received notification that their application was approved and to come to the embassy for issue of visa on 18th. I thought good luck to them. After arriving back in Canberra yesterday evening my wife rang to tell me that the embassy called and our visa application had been approved. This was one week after submission.

I was a bit suspicious that she misunderstood that the embassy staff was just advising when to come for the interview. She tells me that they said the application was approved and to come on the 13th with all the passports for issue of the visas.

Im still a bit sceptical and will confirm again tonight what was said. Has anyone else heard of applications being approved with no interview at all and also so quickly.

Not getting my hopes up until I get word on the 13th that she has the visas in the passports.

[aussiebob]

Sezzo,

I think congratulations are in order. Why else would they want the passports if not to stick the visas in?

Bob and Lek

[fishhooks]

Okay, good news here also, seems like Bangkok Embassy is on a roll!

Stamping ceremony on the 13th.

All up about 1 month: Application in on the 14th Feb. Phone interview on the 29th. Call yesterday to say the original hospital (Korat) did not do a blood test. Off to BNH hospital also yesterday (B1,100) and results to the Embassy today, who phoned shortly afterward to advise 1030 appointment on the 13th.

Good service certainly and I think goes to show having all correct with the application. We were weak with 3rd party involvement, but I feel very strong with our own statements, photos and regular visits.

Warm regards to all who helped with info, as I would have to say that even though I had been through the process many years back, this seemed a whole new ball-game!

I think C. Lawrence said a few weeks back, that the wait is quite emotional and he is spot on. The last thing you need is agitation or smart comments.

Anyone else for the 13th?

Edited March 7, 2008 by fishhooks

[zidaney]

Congratulations Sezzo and fishhooks,

Sezzo, i haven't heard of applicants having no interview at all, could be wrong, but some interviews can be very brief and simple questions over the phone that your partner may not have even realised was an interview...it does sound like you've got the visa going by the things you've said in the forums and your application.

Fishhooks, you've put a lot of effort into the application and also posted plenty along the way with your experiences of the visa process,

Both of your inputs are appreciated and the best of luck for you and your partners!

[sezzo]

After I posted yesterday I spoke with the wife again and she went through the whole phone call with me. The embassy staff said that the paperwork was all correct and that the visa had been approved. Needless to say we are both very pleased but I will like to stay a bit apprehensive until the visa is in the books.

Congratulation to you as well, Fishooks, my wife was told to be there at 1030 for issuing of the visa. She is calling me as soon as its issued.

To all that have posted and also PMd me on this particular topic over the past few months I thank you for all the excellant advice and information.

Good luck to you all

[david96]

Okay, good news here also, seems like Bangkok Embassy is on a roll!

Stamping ceremony on the 13th.

All up about 1 month: Application in on the 14th Feb. Phone interview on the 29th. Call yesterday to say the original hospital (Korat) did not do a blood test. Off to BNH hospital also yesterday (B1,100) and results to the Embassy today, who phoned shortly afterward to advise 1030 appointment on the 13th.

Good service certainly and I think goes to show having all correct with the application. We were weak with 3rd party involvement, but I feel very strong with our own statements, photos and regular visits.

Warm regards to all who helped with info, as I would have to say that even though I had been through the process many years back, this seemed a whole new ball-game!

I think C. Lawrence said a few weeks back, that the wait is quite emotional and he is spot on. The last thing you need is agitation or smart comments.

Anyone else for the 13th?

IMHO your statements (applicant and sponsor) will decide the outcome of the application. The third party statements are more applicable to applications of a "de facto" status eg, applications in Australia and they are a lot harder to verify by DIAC.

[gburns57au]

Well done guys,

welcome to club of successful applicants....

[fishhooks]

Thanks for the good wishes guys.

Zidaney, I will be keeping an eye to the forum to see how you go.

Best of luck.

[Chris Lawrence]

Always good to hear this news. And the support of people on TV, both with information and emotional. Nothing worse than sitting back and bitting your nails waiting for the decision.

[fishhooks]

Thanks Chris:

Your earlier comments made us push-on with more gusto, it's so easy to get put off with the actual process and more upsetting with the negative comments one gets sometimes.

I'm in the middle of about 3 days of confusion trying to get a letter from SCB, to confirm my bank balance for a retirement visa and this has been harder than applying for the Oz Spouse Visa.

But, I think I'm finally winning and hope to be at Korat Immigration this afternoon!

Amazing story on the other forum.

Edited March 11, 2008 by fishhooks

[Chris Lawrence]

Fishhooks, you have just got to be careful of the sucker punch. I have learn't not to lead with my chin. Great advice here from Graham and now David on what and how to structure the forms. I believe this adds a lot of comfort. And to a certain extent there is no need to use immigration agents. I have heard of a few very bad agents taking a lot of money off people with little or no result.

To hear someone having a win is great, particularly when it is another go at having a long and lasting relationship. Just yesterday talking with a social worker at Centrelink I let them know I was in Thailand got ask the questions and found their brother was waiting 5 and half months for his wife to get over here. I began to tell her what to do to ignite the application. The fact is that one needs to be aware of the process and how to kick start things when they stall. I hate to see people suffer in this way. Does nothing for the soul.

Yeah sometimes people may think your are hijacking a situation, but these are the ones that are not clear with their own agenda's. Everyone's got one.

So you got the Oz spouse visa. You can do anything now. Again congratulations.

Chris

[david96]

Yes it is good to get a win over DIAC and get a visa approved. (Chris Lawrence)

However sometimes one may have to use the services of a migration agent, eg a second sponsorship or if the sponsor falls foul of the 1.20J rule.

Make sure that the agent you pick has a business address in Australia, and is licenced. Their industry body is the MIA.

They keep up to date with the Migration Regulations 1994 and have a copy of the PAM3 as used by DIAC and are required to maintain up to date knowledge of Australian Immigration requirements.

The so called "agents" in Bangkok that often claim that they can guarantee a visa for you for a fee are only good to carry out translations and obtain visa extensions for Thailand.

[fishhooks]

Yes, a Retirement Visa this way 'yesterday' and a Spouse Visa that way 'tomorrow'.

Be hard to know which way to turn!

[Chris Lawrence]

Dave

What is the 1.20J rule?

[david96]

Dave

What is the 1.20J rule?

The 1.20J rule was an amendment to the Migration Regulations 1994 and came into effect on the 1 November 1996.

The purpose of this amendment was to prevent serial sponsorships and abuses of the Migration Regulations and limited approved sponsorships to a total of 2 not more than 5 years apart. There are exemptions, eg if the relationship is long standing. Most finish up with the Migration Review Tribunal.

Ref. DIAC form 1127. http://www.immi.gov.au/allforms/booklets/1127.pdf

[fishhooks]

Visa @ 1100 today.

Thanks to all.

[druckman]

Druckman,

I hate to disillusion you but ther is only one road and in this case we are talking about one service.

Your focus should be centred one submitting the strongest possible case for your partner.(the stronger the submission the quicker the approval) Focusing on trying to get an interview ahead of other applicants (and thus shoving them down the queueif you were successful,which i doubt very much) strikes me as being delusionally self important and possessing a F--- you Jack attitude

Hi Pommie Bob!

Excuse me if I'm wrong …but only people who are used to invade and educate by force can think so low. You are totally missing the point Mate.

This forum is about helping each other and finds new ways to make life easier for both the sponsor and the applicant. It is not about screwing each other and beat the other …this never ever came to my mind when I decided to go directly to the Embassy following the advise from this forum. One has to think outside the box and I have never seen an order: "Only to apply with VFS".

People like you are exactly the kind who prevents members to post because of the way you get your point across. Just look at your wife's graceful Thai thinking and you know what I'm talking about.

In looking back I would do the same approach the way I did. After submitting the complete application at the embassy there was no need to keep any documents on stand by or worry about not having all required paperwork. We had a complete and strong case in which I also had the help from my local MP just after we submitted the application. There is nothing wrong with that… all you do is to keep the finger on the pulse and you are dealing with a nothing more than a government institution which is paid for by your and my taxes. This is the reality and coming back to short cuts… yes we had to engage the expressway at the special branch and it is very common by the looks of it.

The only thing now is to wish zidaney all the best with his battle to get his wife close by his side and I know it will be only a matter of time until you both are together. Never give up and fight as hard as you can. All you really want is the normality of living with your wife.

Thanks a lot for the help from members of this forum it did save me a lot of time and money. And for all new applicants I have this advice: Read between the lines and choose the right approach for you in your situation and don't get irritated by negative and paranoid answers of your questions or thoughts.

[Chris Lawrence]

Druckman, I got a good laugh from your reply; I think you are spot on. It is about supporting each other in this process. Reading David's reply reminded me of one gentlman who was going for no,3; One woman he got with never did go to Oz which was many years ago. It turned out the Immig only saw the application as no.2. These things happen over a lifetime. I believe he was succesful.

How would you be feeling.

But it is hard to educate some one with prejudice in their heart and just being so narrow minded?

[david96]

Druckman, I got a good laugh from your reply; I think you are spot on. It is about supporting each other in this process. Reading David's reply reminded me of one gentlman who was going for no,3; One woman he got with never did go to Oz which was many years ago. It turned out the Immig only saw the application as no.2. These things happen over a lifetime. I believe he was succesful.

How would you be feeling.

But it is hard to educate some one with prejudice in their heart and just being so narrow minded?

That 1.20J rule which is limited to 2 approved sponsorships also makes it retrospective from 1/11/1996, even if those two visa applicants never set foot in Australia the 3rd sponsorship would be refused even if they are all more than 5 years apart

(subject to exceptions as per form 1127)

How many laws and regulations are made retrospective?

Edited March 14, 2008 by david96

[gburns57au]

Druckman, I got a good laugh from your reply; I think you are spot on. It is about supporting each other in this process. Reading David's reply reminded me of one gentlman who was going for no,3; One woman he got with never did go to Oz which was many years ago. It turned out the Immig only saw the application as no.2. These things happen over a lifetime. I believe he was succesful.

How would you be feeling.

But it is hard to educate some one with prejudice in their heart and just being so narrow minded?

That 1.20J rule which is limited to 2 approved sponsorships also makes it retrospective from 1/11/1996, even if those two visa applicants never set foot in Australia the 3rd sponsorship would be refused even if they are all more than 5 years apart

(subject to exceptions as per form 1127)

How many laws and regulations are made retrospective?

Not overly sure on this point....

Is it not true that the visa has to be activated by the entry to Oz for it to count....in other words....the visa process has to be completed before it goes to the count....

I seem to recall another member who had this concern...and was approved as the second sponsorship was not completed....after the grant

Edited March 14, 2008 by gburns57au

[gburns57au]

Visa @ 1100 today.

Thanks to all.

well done and good luck

[david96]

Druckman, I got a good laugh from your reply; I think you are spot on. It is about supporting each other in this process. Reading David's reply reminded me of one gentlman who was going for no,3; One woman he got with never did go to Oz which was many years ago. It turned out the Immig only saw the application as no.2. These things happen over a lifetime. I believe he was succesful.

How would you be feeling.

But it is hard to educate some one with prejudice in their heart and just being so narrow minded?

That 1.20J rule which is limited to 2 approved sponsorships also makes it retrospective from 1/11/1996, even if those two visa applicants never set foot in Australia the 3rd sponsorship would be refused even if they are all more than 5 years apart

(subject to exceptions as per form 1127)

How many laws and regulations are made retrospective?

Not overly sure on this point....

Is it not true that the visa has to be activated by the entry to Oz for it to count....in other words....the visa process has to be completed before it goes to the count....

I seem to recall another member who had this concern...and was approved as the second sponsorship was not completed....after the grant

Refers to approved sponsorships and the applicant has had a visa issued, (if the sponsor or applicant formally cancelled the application before the visa was issued the sponsorship would not have been approved.) The applicants have obtained "no immigration advantage" and this goes in the sponsors favour when the 3rd sponsorship goes to the MRT, they "set aside" or "affirm" the decision made by DIAC.

Ref. MRT. Here is an example of a ruling

http://www.austlii.edu.au/cgi-bin/sinodisp...tml?query=1.20J

Edited March 14, 2008 by david96

[fishhooks]

Don't know if it's any help to "zidaney", but there is MRTA case, Sangthong Sakhon (2003) MRTA 3820, 13 June 2003, which has some Federal Court Test Case history.

Makes interesting reading although I don't admit to understanding it all, but deals with 'Relationships'

[aussiebob]

Druckman,

I think you've had your hand on it for too long

[fishhooks]

Bob,

I'll stay out of the current "2-Way" over the last couple of days, but I will say that your input a few weeks back was quite disturbing to me.

We all have differing levels of how to take things and perhaps your application a while back was quite smooth, but, we were quite nervous mainly due to the almost complete lack of 3rd party input to the matter.

Any contributions to this topic was of great interest to us and I sometimes logged on several times a day to check things out.

Now it's time to take a 'breather' but at the time, very easy to get upset.

It's taught me anyway to think a tad before posting anything that's likely to be sensitive, during other's ordeals.

Cheers.

[aussiebob]

Cheers Fishhooks,

You don,t have to tell me what a stressful time it can be (I can honestly tell you I was pooing my pants)and I sympathise with people going through the process. I apologise for any distress I caused yourself as this was completely unintended.

My heartiest congratulations on your wifes visa success and good luck with your retirement visa (although I am perplexed why you need both)

Cheers Bob

[fishhooks]

Wife has family & friends here, I have family & friends there, thus easy to pop backward and forward without too much fuss or paperwork!