10 months Processing time

[AladdinsHeart]

Just wondering if our visa application isn't completed by the 10 month mark if there is anything we can do? Do we have the right to complain to the PMO as 10 months is specified as the maximum time on the immigration website. Our security checks have now gone past the 6 month mark and are then apparently flagged to alert the officers at ASIO to attend to them but we will reach our 10 month mark for processing our application in about a week.

[AladdinsHeart]

5 days until we reach 10 months...................... anyone have any advice about what to do as we dont want to be apart any longer, 17 months apart is definately enough!

[Robert]

Hi Alladinsheart,

While waiting it out for the decsion, have you thought of applying for long stay (6 months) tourist visa for both parties to be togather. It may be worth a try.

The case officer for sc 300 refused the visa application as this was the second sponsorship within the 5 year period. The refusal was a lawful decision as the sponsor did not mount a strong appeal for the 5 years waiver. The case officer advised the sponsor to use a agent and appeal to the MRT. The officer was very compassionate and granted a 6 month tourist visa for the fiance to enter Australia and be with her boyfriend while he mounts the MRT appeal. This kind of case officers are gem with compassionate heart. He is from Thailand post.

Sponsor has enaged me to do the appeal to the MRT for waiver to set aside the 5 year limitation under 1.20j (2).

Cheers

Robert K Chelliah
www.austmigration.com.au

[AladdinsHeart]

Hi Robert we did ask the migration lawyer we were using if we could apply for a tourist visa for my fiance to come to Australia but they advised us that because he is applying for a visa allowing for permanent migration it would probably be refused. He had applied for a tourist visa to come see me for 2 weeks but they refused it saying he didn't have enough responsibilities or family to want to return. He has a full time job and his whole family lives with him so we decided I would go see him instead. This was in October 2008 but as it is at the moment after having to pay for the migration lawyer we don't have the finances to allow any travel for either of us and have been forced to cancel their services. Is there any resonable grounds for a complaint from us once the 10 months processing date is reached if we haven't heard anything or do we just have to wait? The security checks are now over the 6 month mark as well.

Thank you for any advice

[Robert]

Alladin,

Of which country are we talking about. You may wish to email your contact phone numbers or skype Id to rkc@austmigration.com.sg

There may not be a ground for complaint but certainly there may be grounds for appeal for a tourist visa or expedited visa processing. Usually complaints are not the best course of action, unless there are solid grounds of known breach of processing Code.

Robert K Chelliah
rkc@austmigration.com.sg

[AladdinsHeart]

Thanks Robert email has been sent :) It will be signed Belinda.

[AladdinsHeart]

My fiance has a jordanian passport and was born in Kuwait, he is palestinian.

[Sheelagh Blanckenberg]

Hi Aladdinsheart

I agree with Robert that a complaint at this time is likely to achieve nothing.

Without beating around the bush and I hope I dont offend anyone by saying this, but your fiance will be considered an extremely high risk national. The security checks done will therefore be extensive . Until every 'i' is dotted and every 't' is crossed, he will not be cleared and that is that. I have heard of some clearances taking several years or more. It all depends on the complexities involved, where the individual has lived and/or travelled, the collaboration/assistance given (or not given) by other countries overseas, etc etc. ASIO are unlikely to be the only agency involved - a lengthy process can quickly become even lengthier when other legal jurisdictions are involved.

[AladdinsHeart]

I am just having a hard time trying to understand as I know of others also from high risk countries who have applied after us and have already been granted visas and are back in Australia. It is so unfair when immigration state on their website that high risk countries take 10 months and now we are being told 12 months or even more. my fiance wont be granted a tourist visa because of where he is from and also that he is applying for permanent migration. Just seems very unfair when you lodge an application and provide everything asked of you and yet people arriving here ILLEGALLY are rushed through security checks in a week with no proof of ID or anything. We were lied to and told our security check was sent off in June/July and then we were told it wasnt sent off until september and this is just not right that our application sat there for 4 months when it could of been sent off to start the security checks, if this was done it would probably be done by now. We did apply for compassionate and compelling grounds including a letter from my doctor and this was apparently denied. This whole process is affecting our health and we just want to be able to start our life together and its not fair to have to just hang and wait with no idea when to expect an answer.

[downundervisa]

A lot of things in immigration seem unfair. And it can come as a bit of a shock to the average Aussie, because we're used to being able to have a jolly good complaint when we're not happy with a service or with our treatment. And you know you can always call on your local politician to back you up if you need do.

But none of these usual rules apply with immigration. You have case officers in remote posts who can accept or deny your right to live with your partner at the stroke of a pen. If you start complaining, then the application goes to the bottom of the pile. And if you try to get your local politician to help you, I would wish you luck! There are not too many votes in getting someone here from the Middle East. I'm not being unsympathetic....just realistic. So for goodness sakes be nice to these people, even if you don't feel like it. Political favour is not on your side, unfortunately.

[joutzen]

Hi
Would you know how long it takes for a specific high risk country? For e.g. what if your parnter is from North Africa?
Thanks

[So_confused]

Hi, I am sponsoring my fiance for a prospective marriage Visa (He's from Lebanon and i'm from Australia) and everything was fine, has all the medical checks done, assurance of support was accepted...we call up regularly to check up on the process... and 10 months later , we call up and tell them whats taking soo long! they say they're still waiting for the SECURITY CHECK! Its been 10 months and im getting really stressed as me n my fiance has been separated for that long , and i dont know what to do, everytime i call, they say they are still waiting on the routine/security check...

can someone thats experience what im experiencing please me what to do I'm really stressed out and i feel as if i have no control over anything. The Australian Embassy in Beirut are really rude, and do not support us at all,