Australian Permanent Resident 2 Year Waiting Period

[bridge]

Thanks Guys !

Wife got a 1 year multi - entry visa (max 3 months per trip ) which suits us fine. Will get one every year even if we do or dont travel, that way can travel when ever i want without having to wait for visa's ( i usually make the decision to go home at the drop of a hat when i have the time ).

Well done skippybangkok, that is a great result.

Regards

bridge

Australian Registered Migration Agent

[CTO]

Hi Bridge - new to asking qustions in this part of Thai Visa - you seem to be in the know.

I want to know what sort of Visa my wife can obtain while living in Bangkok with me. At sometime she needs to get a Aussie passport - the two kids have aussie passports already of course.

I had "heard" she can get a Permanent Residency Visa now even while living in Thailand.

Is this correct?

Been together 9 years oldest is 7. Do we get a "Discount" on the waiting time for a passport?

New to asking these questions as never really wanted to return to Australia but realise maybe the kids soon will need a better education.

If these questions asked before please accept my appology and point me in the right direction. PM is fine if others have heard it all before.

CTO

[bridge]

Hi Bridge - new to asking qustions in this part of Thai Visa - you seem to be in the know.

I want to know what sort of Visa my wife can obtain while living in Bangkok with me. At sometime she needs to get a Aussie passport - the two kids have aussie passports already of course.

I had "heard" she can get a Permanent Residency Visa now even while living in Thailand.

Is this correct?

Been together 9 years oldest is 7. Do we get a "Discount" on the waiting time for a passport?

New to asking these questions as never really wanted to return to Australia but realise maybe the kids soon will need a better education.

If these questions asked before please accept my appology and point me in the right direction. PM is fine if others have heard it all before.

CTO

CTO

You have certainly covered a multitude of issue in your post. I will endeavor to cover them all.

First of all, I should make it clear, that it is not simply a matter of applying for a passport. The right to apply for a passport is granted to Australian citizens only. Your wife must first become an Australian citizen before she can apply for an Australian passport. Before she can become an Australian citizen she must be a permanent resident and satisfy certain physical residence requirements in Australia (more about that below).

Australian Permanent Residency

You wife could make an offshore application for Australian permanent residency while in Thailand (Subclass 309 temporary spouse visa). This visa is temporary (usually two years from the time of application) allowing your wife to travel to, enter and remain in Australia until the permanent spouse visa is decided (Subclass 100 permanent spouse visa). Both the temporary and permanent visas are applied for at the same time, that is, when the applicant applies for the temporary visa, they apply for the permanent visa at the same time.

Generally there is a two-year 'wait out period' between the time of applying for the temporary spouse visa and being granted a permanent spouse visa. There is however discretion to grant the permanent spouse visa within the two-year period if the relationship is long term. The Migration Regulations (Reg 1.03) define a long term relationship to be where a couples spousal relationship has continued for at least five years, or two years if they have any dependent children from their relationship (step-children are not included).

Australian Citizenship & Residence Requirements

To become and Australian citizen, a permanent resident must satisfy the residence requirements, that is, that the applicant must have been physically present in Australia.

Generally applicants who became Australian permanent residents on or after 1 July 2007 must have been physically present in Australia lawfully, holding a visa whether temporary or permanent for four years immediately before the date of the citizenship application - absences from Australia totaling 12 months or less during this period are permissible; and

As a permanent resident for at least 12 months immediately before applying - absences from Australia totaling three months or less during this period are permissible.

Please feel free to PM me or contact me through my website if you need any further information or clarification.

Regards

bridge

Australian Registered Migration Agent

[CTO]

Thanks very much - seems the 309 is the way to go - we'll be in touch through your web site - are you in Bangkok though?

[chiliwasabi]

Ok, returning to the original theme of the topic. Once approximately 21-22 months have passed from when we applied for the spouse visa the DIAC will contact us to assess my wife's continued eligibility for the permanent visa.

What kind of time frame have others experienced from this point until they grant (or deny) the permanent visa. I have had various unclear responses when talking with DIAC and am curious as to what people, who have already completed the process, had actually experienced.

Cheers

[aussiebob]

Chiliwasabi,

Don't hold your breath. I lodged my wifes papers 4 weeks ago and haven't even received the acknowledgement card yet. Enquiries with DIAC elicit the response that they have a backlog of UNOPENED mail from the xmas new year period. So they can't even tell me if they have received the application'

In the meantime of course the tme limit has expired.

Bob

[chiliwasabi]

^ Thanks Bob,

This is the kind of response I'm after; Real peoples experiences rather than the official line which can be vague and often contradictory.

Please post your experiences again when you hear more.

[david96]

Chiliwasabi,

Don't hold your breath. I lodged my wifes papers 4 weeks ago and haven't even received the acknowledgement card yet. Enquiries with DIAC elicit the response that they have a backlog of UNOPENED mail from the xmas new year period. So they can't even tell me if they have received the application'

In the meantime of course the tme limit has expired.

Bob

DIAC are required to open and date stamp all mail on the day it is received, this is because of deadlines in some cases.

Have you proof of sending and receipt, eg, a tracking number.

[aussiebob]

Hello David,

Yes. Sent by registered mail so have a record.

The envelope is supplied by DIAC addressed "Second Stage Processing" etc, so they would know exactly what is in it without opening it.

However you wouldn't think it would be too hard to open and send back the acknowledgement card. They could then reseal the envelope until they are ready to deal with the contents if they are worried about mixing up any paperwork.

Of course it is always possible that the card has been posted and misplaced by OzPost.

This however seems unlikely in light of their disclosure of "a backlog of unopened mail over the Xmas, new year period"

The person I spoke to didn't even ask my wifes name to do a check.

Bob

[aussiebob]

Oh, I nearly forgot.

He reassuringly told me not to worry as my wife visa would remain valid until a decision was made even if it took 9 months.

I told him I was aware of this PROVIDING they had actually received the application. He then told me that if I wanted to be sure they had received it I should contact OzPost.

Bob

[fishhooks]

Very 'sloppy' goings on, not good at all!

Bridge may have some clues here.

Edited February 5, 2009 by fishhooks

[aussiebob]

Rang DIAC this afternoon and spoke to a lass that was much more helpful.

She confirmed the receipt of application and listed the contents of the envelope. She claims the ackowledgement card was not listed among the contents.

HMmmm My wife and I triple checked all the contents against the check list before sealoing the envelope.

I expect these sort of things when dealing with any sort of officialdom but I suppose I can't really complain too much as I have had dream run with DIAC up until now.

Bob

[bridge]

I sent an application to a DIAC Department on Friday the 12th of December by registered post. It was received on the 15th, three days later.

After two weeks, I had still not received an acknowledgment, and my credit card had not been debited the application charge. By the 7th of January, some three weeks after the application had been received by DIAC, it had still not been receipted, and they (DIAC) had no record of it. It was obviously sitting in someone's tray unopened. I was offered many excuses relating to Xmas holiday period.

To make a long story short I asked someone from the DIAC Department who would be the most appropriate person for me to write to and complain. Within hours I received the following reply:

"Your application has been located and we are currently processing your form

accordingly.

We wish to sincerely apologise for any inconvenience caused due to the delay

in locating your application and we will expedite the application process to

the best of our ability for you due to the error on our behalf".

[bridge]

I sent an application to a DIAC Department on Friday the 12th of December by registered post. It was received on the 15th, three days later.

After two weeks, I had still not received an acknowledgment, and my credit card had not been debited the application charge. By the 7th of January, some three weeks after the application had been received by DIAC, it had still not been receipted, and they (DIAC) had no record of it. It was obviously sitting in someone's tray unopened. I was offered many excuses relating to Xmas holiday period.

To make a long story short I asked someone from the DIAC Department who would be the most appropriate person for me to write to and complain. Within hours I received the following reply:

"Your application has been located and we are currently processing your form

accordingly.

We wish to sincerely apologise for any inconvenience caused due to the delay

in locating your application and we will expedite the application process to

the best of our ability for you due to the error on our behalf".

bridge

[bridge]

Sorry for the double post.

bridge

[aussiebob]

On 10 Feb. received the elusive acknowledgment card (the one that i did not submit) telling me the application had been received on 10 Jan.

Visa granted 26 March (valid for 5 years) without any further correspondence. YAHOO

Aussiebob

[chiliwasabi]

Congrats Bob

[chiliwasabi]

We are now 23 months into the 2 year waiting period and haven't received anything from immigration. I spoke with them and they said not to worry as it depends on where she is placed on the waiting list but to contact them again in a few weeks if we still haven't received anything.

In the meantime, does anyone know what they will be asking for when we do receive the letter from immigration (I like to plan ahead)? I gather from their website she will need an Australian Federal Police check but I'm not sure what else is required. Will they be wanting more stat decs and the like?

Cheers

[david96]

Provided DIAC has the current address of your wife you should receive a letter with all the information and documentation required for the second stage processing very soon.

You will require an AFP certificate, normally takes about 14 days depending on workload.

DIAC supply two pro forma statutory declarations, one for you and one for your wife.

Submit all info requested by the deadline. Processing could take up to 3 months depending on workload.

They will give you the name, tel. number and e-mail address of the admin officer processing your application.

When completed your wife will be advised by letter with her visa number. She can then take the passport to a DIAC office to have the visa label attached. This can be done at any time.She will need to have it affixed to her passport beforehand if she intends to travel outside of Australia.

DIAC supply all the information in their letter to her.

[chiliwasabi]

Thanks for the detailed reply David.

We haven't changed address or anything and all our contact details are the same so no worries on that front.

I know DIAC will supply all the info in the letter but I'm keen to have everything done ASAP after receiving the letter. I'm just trying to get the ball rolling now in anticipation. We sent off the necessary forms for an AFP certificate last week.

I guess we'll just have to be patient.

[bridge]

Provided DIAC has the current address of your wife you should receive a letter with all the information and documentation required for the second stage processing very soon.

You will require an AFP certificate, normally takes about 14 days depending on workload.

DIAC supply two pro forma statutory declarations, one for you and one for your wife.

Submit all info requested by the deadline. Processing could take up to 3 months depending on workload.

They will give you the name, tel. number and e-mail address of the admin officer processing your application.

When completed your wife will be advised by letter with her visa number. She can then take the passport to a DIAC office to have the visa label attached. This can be done at any time.She will need to have it affixed to her passport beforehand if she intends to travel outside of Australia.

DIAC supply all the information in their letter to her.

Agree with everything said there. However, I was told by a case officer at 2nd stage processing last week that you would have to now make an appointment or go at a designated time to get the visa label attached. Not sure whether it has been implemented yet, but something to keep in mind.

[mackland]

wife and i went through the class 100 part of the visa at about the 22 month period after the granting of her 309, it happened the period was when we were to be in thailand on holiday, so i informed immigration and they said it wasnt a problem and to contact them when we returned.

problem was, when i recieved the paper work, it asked for yet another chest xray, another royal thai police clearance (due to the amount of time she had spent in thailand since her 309 was approved, 3 months waiting after 309 was approved for me to pick her up and her to finish uni , and holidays there since ) and the AFP one.

i was annoyed as i had just been to thailand where getting the xray (from approved hospital) and thai police clearance would have been so much easier to arrange, thailand was having its "yellow shirt" problem at the time, and special branch seemed preoccupied (according to retired policeman father in law).

i recieved a hurry up call, from immigration as they said they were eager to finalise her class 100, i explained the problem and they understood.

but overall, the VFS were efficient, the embassy staff fantastic (a nice gentle interview for a country girl from a traditional background), and the immigration in aus were no problem.

the spouse visa making, horrors i had heard and read about never eventuated.

[chiliwasabi]

I arrived home from work today to find that my wife's permanent visa has been granted . All in all a fairly pain free process!

We submitted her last round of paperwork at the end of October (Her two year waiting period/anniversary was Nov 5th) and it only took about six weeks for the visa to be granted. All in all 25 months from when she first applied for her permanent visa.

Also, it seems now with the VEVO system she doesn't even have to go in to get a visa stamp as all the info is stored electronically and linked to her passport number.

Edited December 8, 2009 by chiliwasabi

[gburns57au]

Also, it seems now with the VEVO system she doesn't even have to go in to get a visa stamp as all the info is stored electronically and linked to her passport number.

My wife has just got hers as well....

Ther lady I spoke to at the 2nd stage place advised us to get the paper visa in the passport....went in to Immi to get it done...the lady there also said that it was a good idea, If the computers go down then you have physical evidencve of the visa.

Doesnt take long....go to your local immi Office with the passport and letter of grant....

[chiliwasabi]

That is a good idea. The hard thing is getting to Immigration to get the paper visa. Easy for me as I work just through the tunnel from the one in Sydney but hard for my wife as she works the same hours as the immigration office (and she hates to take time off work!).

I'll have to check if I can do it myself, but I guess it would make sense that she would have to be present as it's her passport.

Edited December 10, 2009 by chiliwasabi

[darrenr]

they contacted us at 2 years , we submitted further paperwork and it was granted some 3 months later

[gburns57au]

That is a good idea. The hard thing is getting to Immigration to get the paper visa. Easy for me as I work just through the tunnel from the one in Sydney but hard for my wife as she works the same hours as the immigration office (and she hates to take time off work!).

I'll have to check if I can do it myself, but I guess it would make sense that she would have to be present as it's her passport.

Get her to write a letter authorising you to to do it for her...

I did this with my stepsons passport because he was in school and it was accepted.

[fishhooks]

When you receive the papers for the Subclass 100 Visa, how long do you have to act on them, ie a "deadline"

We are due in March and will be in Thailand for most of that month.

I feel that I have covered ourselves by emailing 2nd stage processing a few weeks back. They did reply, but very briefly stating "no problem", but no real details of what course of action to follow if we are not in Australia when the papers are executed.

[aussiebob]

fishhooks,

from memory we had approx. 9 weeks from when they "deemed" that we received them. I hope that helps. bob

[fishhooks]

Yes Bob, thanks, although we are 11 weeks away from returning at this point in time, so if the papers hit early (or have hit) as they appear to be doing in some cases, we may be on the border-line.

I do though have the email response from them saying not to concern !!!

Edited January 5, 2010 by fishhooks