Partner Visa, no initial entry

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Partner Visa, no initial entry


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Old 16th June 2013, 08:02 PM
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Default Partner Visa, no initial entry

Hi There,

I've got a Skilled Independent (Permanent) (class SI) subclass 189 (Skilled - Independent) visa granted on 27th May, 2013 and need to make my initial entry before 07th Dec, 2013. As of today, I'm not yet living in Australia.

I would like to take my 'would be' partner (as I'll be getting married in a months time) with me - who is not on my visa. Am I eligible for a possible sponsor for my 'would be' partner before making my initial entry to Australia?

Please suggest me the possible way outs.

Thanks in Anticipation,

Vineet.

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Old 16th June 2013, 10:47 PM
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Nope, you are not a permanent resident until you have validated your visa and not eligible to sponsor.

However did you inform your CO of your partner? You do realise you have to inform of changes up until you validate the visa. And should have told them about your fiancée when it happened.

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Old 17th June 2013, 12:06 PM
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Default Partner visa, no initial entry

Hi Shel,

Thanks for your reply.

I believe my visa is validated from the date it has been granted to me. Because on the grant notification letter, it is not written that visa is validated from the date of entry.

I also wrote to my case officer, but she said that the result of my application has already been declared so I can't add my spouse to my application now and I've to check Department of Immigration & Citizenship website for the eligibility of partners visa.

I'm not getting the favorable reply from anywhere. Your help would be highly appreciated in telling me the possible wayouts.

Tnx,
Vineet.

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Old 17th June 2013, 12:17 PM
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Quote:
Originally Posted by vineetbabbar View Post
Hi Shel,

Thanks for your reply.

I believe my visa is validated from the date it has been granted to me. Because on the grant notification letter, it is not written that visa is validated from the date of entry.

I also wrote to my case officer, but she said that the result of my application has already been declared so I can't add my spouse to my application now and I've to check Department of Immigration & Citizenship website for the eligibility of partners visa.

I'm not getting the favorable reply from anywhere. Your help would be highly appreciated in telling me the possible wayouts.

Tnx,
Vineet.
The only option for you now is to apply for the partner visa from offshore.

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Old 17th June 2013, 12:58 PM
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@Maddy,

Thanks a lot for your post.
Though, I've checked the offshore partner visa. For this visa sponsorer is eligible to sponsor his spouse to australia if the sponsorer is usually be a resident in Australia (which is not a case with me).

Tnx,
Vineet

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Old 17th June 2013, 01:04 PM
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Quote:
Originally Posted by vineetbabbar View Post
@Maddy,

Thanks a lot for your post.
Though, I've checked the offshore partner visa. For this visa sponsorer is eligible to sponsor his spouse to australia if the sponsorer is usually be a resident in Australia (which is not a case with me).

Tnx,
Vineet
So you just got your grant and you haven't validated by entering Australia yet?

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Old 17th June 2013, 01:25 PM
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Yes, you are right.

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Old 17th June 2013, 01:45 PM
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Quote:
Originally Posted by vineetbabbar View Post
Hi Shel,

Thanks for your reply.

I believe my visa is validated from the date it has been granted to me. Because on the grant notification letter, it is not written that visa is validated from the date of entry.

I also wrote to my case officer, but she said that the result of my application has already been declared so I can't add my spouse to my application now and I've to check Department of Immigration & Citizenship website for the eligibility of partners visa.

I'm not getting the favorable reply from anywhere. Your help would be highly appreciated in telling me the possible wayouts.

Tnx,
Vineet.

You are wrong. Until you make inital entry you are not a permanent resident unless you applied and were granted onshore. It wouldn't say it on your visa because there is no need. It is written into law that your visa will not allow entry and will be cancelled if you fail to make your initial entry.

You are right that only non resident citizens can sponsor their spouse. PR holders need to be usually resident. Hence move to Australia then sponsor your spouse.

Not every answer is favourable because Laws are not written to favour migrants but to favour Australia.

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Old 17th June 2013, 02:21 PM
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@Shel

Thanks for your guidance.

Infact, I spoke to one of the immigration consultant. He said my case can be put forward if I file the case of my spouse under PR dependent visa and then apply for the visitor visa for her. By the time she gets the grant for PR dependent visa, she can move along with me on visitor visa. I don't know upto what extent this true?

Can you throw some light on it. Otherwise, please suggest me some alternate.

Tnx.

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Old 17th June 2013, 04:15 PM
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Quote:
Originally Posted by vineetbabbar View Post
@Maddy,

Thanks a lot for your post.
Though, I've checked the offshore partner visa. For this visa sponsorer is eligible to sponsor his spouse to australia if the sponsorer is usually be a resident in Australia (which is not a case with me).

Tnx,
Vineet
Do you have a visa condition 8515 - NOT MARRY BEFORE FIRST ENTRY ??

Cuz My wife as a secondary offshore applicant , she has that condition to her visa.

since you are also offshore applicant of 189, so I am wondering you might also have this condition.

If you dont have that condition, It did not make sense that the reasons why the CO applied that to my wife visa as you have pretty much the same circumstances as her.

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