From Temporary (309) To Permanent (100)

[Madivad]

A question regarding the transition from Temporary to Permanent for partner visas.

First an observation. This is from the booklet that DIAC have on their website, notably "booklet 1127". In the partner visa section is a notation:

Note: Generally, you should be living with your partner in a spouse or de facto relationship at the time you apply for a Partner visa.

Well that's pretty cool since unless you live in your partner's country, you wont be living together!

But this one, the very next paragraph got me:

You are granted a temporary Partner visa if you meet all the initial criteria. This visa remains valid until a decision is made on your permanent visa application, which is generally 2 years after you initially applied for your Partner visa. If you continue to meet all legal requirements, you will be granted a permanent Partner visa.

I read the other day that in practise, this isn't the case. Apparently it takes longer than 2 years. But the curious part is what I have highlighted/bolded. It doesn't say two years after your temporary visa is approved, or two years after you enter the country, it specifically says 2 years AFTER YOU INITIALLY APPLIED. Which to me reads from the day you lodge your application.

Given that Australian partner visas are now taking 12 months to process ( from this page: http://www.immi.gov.au/about/charters/client-services-charter/visas/5.0.htm ) then it should stand to reason she only has to be in the country for possibly 12 months... Am I reading it right?

It's not only the booklet that says this... From the 3rd page of the Application for migration by a partner visa (47SP) comes similar wording:

Usually, 2 years after the Partner visa application was made, persons who are holders of a temporary Partner visa are assessed as to whether they continue to meet all the requirements for the grant of a permanent Partner visa.

And from the website (same page I quote two paragraphs up):

Partner (permanent) visas: The service standard applies from the time the application for the permanent Partner visa becomes eligible for decision. In the majority of cases, this is two years after the lodgement of the combined temporary/permanent Partner visa application.

So am I reading this wrong? Or are new partners to Australia eligible for the permanent partner visa after as little as 12 months (or less) after being in country? Given the way the processing times are blowing out, it may very well soon be possible to have the permanent partner visa assessed at the time of granting the temporary visa Sorry if this has been discussed before

[electau]

Processing of the visa 309 application commences on the date it is accepted by DIAC and is issued a file number. The temporary visa is 2 years from this date. Currently the visa application can take up to 10 months for processing. Note "up to" not "exactly" 10months.

A visa might be issued 8 months after the date of application, you will have 16months before applicant can apply for permanent visa 100.

[Logarhythm]

It's hard to know if anything written by the Australian Immigration is correct, or not. They are eratic at best. They seem more intent on bestowing the wondrous and humane "Malaysian Solution". The new waiting times for partner visas have probably yet to be factored into the total equation. My money would be on a waiting period of closer to 3 years before the permanent visa is issued. My wife and I put our application in last week. I'm under no illusions as to how long a haul this will be, however, I live in hope.

[Madivad]

Currently the visa application can take up to 10 months for processing. Note "up to" not "exactly" 10months.

A visa might be issued 8 months after the date of application, you will have 16months before applicant can apply for permanent visa 100.

That's the old timeframe that was reviewed in February. This has since been updated and is reflected on the webpage in the original post. It's now 12 months. There was a thread on it just recently (in the last week). And yes, maybe it doesn't take 12 months, it may be processed in 10 months, or even 8... but it COULD take longer

My wife and I put our application in last week. I'm under no illusions as to how long a haul this will be, however, I live in hope.

Well, we're in the same boat, going in this week </fingers crossed>

I'm not under any illusions as well, it's just appears to me to be a blatant inconsistency - maybe in the past when application processing time was 3 months, a month here or there doesn't really matter. But now that processing times have blown out, maybe they should rethink the above wording (unless they plan to really process the permanent visa 2 years after initial application)

Anyway, good luck on your application

[Madivad]

I have been doing more research on this and come across this little tid-bit.

Will the time taken to process my visa application affect the date on which I become eligible for permanent residence?

No. The date on which a client becomes eligible for permanent residence is based on when their application was lodged, not when their visa was granted. Your eligibility to be assessed for the permanent partner visa is not affected by the time that it takes to process the temporary stage of your application.

Example: If you lodged your application in November 2009 you would become eligible for a Partner (permanent) visa (if requirements are met) in November 2011, two years from the date that you initially lodged your application with the department, regardless of when in that two year period you were granted the temporary partner visa.

If your temporary partner visa is granted more than two years after your initial application, you will be eligible to have your permanent partner visa assessed immediately after the temporary visa is granted.

So in the worst case scenario, it takes two (or more) years to assess the initial application, you WOULD be entitled to a permanent visa in the first instance. From this web page: http://www.immi.gov.au/migrants/family/questions-answers.htm#k