Spouse Visa and form 80 processing times

[Stella]

Hello,

I have dual nationality (Italian and Iranian). I have also a couple of traffic convictions which happened 4 years ago. We have been married for 5 years and have two children together. I was told by my CO that my form 80 has been sent to an external agency for processing and that it will take 9 to 12 months to process. Although she marked it urgent (due to our preferred entry date being September 2010).

I was first told that the actual application would take 5-10 months to process. Do we still have priority because we have been married for 5 years and have two children or does the character check processing time takes priority? I am feeling very pessimistic about the outcome of my Visa.

Could my Visa be refused due to my criminal record and my being a national of a European country as well as a high risk country?

Thanks for your help.
Visa lodged in Berlin Office on Feb 5th.

[Sheelagh Blanckenberg]

Hi Stella

Welcome to the forum.

Our immigration authorities have no control over the security checking process other than asking for an application to be expedited if circumstances merit. I do not believe the length of your marriage or the fact you have children is going to speed things up for you as ASIO have just admitted they have a huge backlog of applications and are struggling under the weight of new ones (see this post for further information - http://forum.migrationhelp.com.au/showthread.php?t=705 ).

Having said that, partner visa checks generally do get priority processing over other visa applicants, so take heart, yours will be expedited within the existing queue. Just how long it will take - well, that is like asking how long is a length of string.

If it were me, I would be checking with my case officer every month and asking for an update. It may not get the process moving any quicker but it will make you feel better asking the question. Plus it will ensure that your application is not overlooked. This can happen with busy overseas missions but you are pretty safe with the Berlin post as they are generally very reliable.

As for your traffic convictions, without knowing anything more about them and, going on what you have claimed, they should not be severe enough to merit you failing the character test per se. However, you may be asked to provide further information about the convictions which will slow the processing down.

And no, being a national of both a European country as well as a high risk country will not preclude you being granted a visa. You just need to meet the visa requirements.

Hope that helps.

Cheers
Sheelagh

[Stella]

Thanks Sheelagh for your reply. I will check with our CO for updates. I'm trying to be patient. We are just hoping we will get the Visa before January 2011 (when our children will start school). If we don't get it by September, then we will have to send them to the same school they are attending now which is in Dutch.

I rather not go into detail with my traffic convictions. The problem was that I repeated the same offense twice. No one was injured in both occassions. I paid a fine and my driver's License was suspended for a couple of weeks. The second time, I was falsely accused and they threw the book at me anyway. Again, no one was injured and I paid a fine and my driver's License was suspended for three weeks. I learned my lesson and my record has been clean for three years now. Don't they just check the last 12 months anyway? In Belgium, when I asked my Police Clearance certificate, they print out your whole file.

[Sheelagh Blanckenberg]

Hi Stella

For a permanent visa application our immigration department want a police check done for every country an applicant has lived in (cumulatively) for 12 months or more in the last 10 years.

Police checks from many countries contain a complete history of the applicant's convictions, often including convictions which are considered 'spent'. Understandably this disclosure can cause applicants a great deal of stress.

As I have mentioned before, from what you have stated about your particularly convictions, it is unlikely they will have a negative impact on your visa application other than just perhaps lead to a delay if you are asked to provide further information about the offences.

[Stella]

Hi Sheelagh,

You mentionned that one may request an application to be expedited if circumstances merit. What kind of circumstances would that be? I have requested an update from my case officer, who just replied saying that she has no news from ASIO. She repeated again the 9-12 waiting period. I am feeling very pessimistic now. We lodged our application on February 5th (Medicals and police check were done on January 18th).

Kind regards,

Victoria

[Sheelagh Blanckenberg]

Hi Victoria (or is it Stella?)

Unfortunately it is a fact of life at the moment that visa applicants from certain high risk countries do face long security processing timelines. There is no help for you there as our law quite clearly mandates these checks are undertaken and, until they are done, your visa application will not be finalised.

I am sorry you are feeling so pessimistic but please try and keep things in perspective. You only lodged your application on the 5th February - that's just 3 months ago. You have been advised that the process is likely to take at least 9-12 months so you have a few months to go yet before you should start getting the jitters!

I am sorry if I have no other encouraging news. Just hang in there and dont dwell on the negatives!

[Stella]

Hi Sheelagh,

Stella is my nickname. Yes, I understand the system, but it seems harsh in my situation. My pessimism is due to the fact that my country of birth will be a high risk country for many years to come. And whatever background checks are being done might take even more than the 9-12 months' waiting period.

Just looking at the worst case scenario, which (seems) to be a reality for me.

Thanks.

[immi99]

Hi Victoria (or is it Stella?)

Unfortunately it is a fact of life at the moment that visa applicants from certain high risk countries do face long security processing timelines. There is no help for you there as our law quite clearly mandates these checks are undertaken and, until they are done, your visa application will not be finalised.

I am sorry you are feeling so pessimistic but please try and keep things in perspective. You only lodged your application on the 5th February - that's just 3 months ago. You have been advised that the process is likely to take at least 9-12 months so you have a few months to go yet before you should start getting the jitters!

I am sorry if I have no other encouraging news. Just hang in there and dont dwell on the negatives!



Dear Sheelagh,

I have submitted all correct documents at the start of this process in december 2009 (process started january 2010). I am very distressed with this process. It is February 2011, and all I have heard is that Form 80 started processing september 2010 & the case worker is waiting for a reply from that external department.

My case worker said that to this point all our documents are fine and we are just waiting on that external department to be done and give a response.

My husband lives in europe and is going to move to australia to start our life. The wait of this process has gone past 12 months ..its one year and 2 months. February is nearly finished now and it will be march!

My question is: I know its a waiting process. But in our case we have been very patient with this however it has got us no where. We still waiting after 1 year and 2 months.

This is affecting me grately. I have stress and anxiety everyday. This process has made life difficult. I need my husbands support soon, and the fact that this process is taking so long is increasing my depressive state. How can the immigration department take so long to process. My husband does not have a criminal record, we have all genuine correct documents, we have done everything thats needed. It was stated that if we submit all documents earlier...then there is a possibility that it may happen sooner. But the opposite has happened here...its taken longer than what it takes for other people. WHich is ridiculous! how can this be??

ON top of that our case worker gave us very little feedback during our wait time this year and we did not bother her at all. HOwever even now its still like this! im very frustrated and have no idea who to go to for help!

[immi2009]

hi, im new to this forum i was just curious to find out what it means when i recieve a email from the senior migration officer stating that he will ask the relevant authority to expedite my clearance? i applied for a spouse visa in november 2009 and was informed that my application was assesed and that they were only waiting for a clearance for the national security checks, apparently form 80 was sent in may 2010 i was originally told it took 8-9 months as it has been 10 months i sent an email to my CO in Ankara Turkey but recieved a reply from the senior migration officer, it this agood sign that it shouldn't be much longer? i hope to hear from somebody soon thankyou..

[Robert K Chelliah]

hi immi2009

Form 80 is designed to check on character clearance. The from would have been electronically transmitted to Austrlian Security Intelligence Organistaion (ASIO) who is the national body for all securtiy clearance. I dare say applicants from Middle Countriies with Mulim names and or of islamic faith tends to take longer for ASIO to clear the character clearance phase. It can take longer than 12 monthsdepending on the country of the visa applicant. The time it takes to clear security by ASIO is very unpredicatable.

Cheers

[immi2009]

thankyou robert,for your quick,reply,i do understand what form 80 is, i was just curious to find out what it means when the senior migration officer sends an email stating he will be requesting the clearance to be expedited?? would it speeds things up? thankyou

[immi2009]

hi all, would just like to say my husband recieved his visa yayyyy:)) i had originally sent an email to my CO on wednesday stating that form 80 was taking too long as it had been 10 months originally logded application in november 2009 senior migration officer replied to my email the next day(thursday) stating he would request for my husbands clearance to be expedited, Today (monday) recieved a call from my CO saying our visa was granted..:)))) soooo happy good luck everybody it's a long ride but it will be worth it! I'll be back in perth australia after being here in turkey with my husband since april 2009.. Goodluck all..

[enet]

hi immi2009,

Congrats about your visa. It is very good news I cannot hear for a while. Can you please tell exactly which day of may you sent the form80?

I am also from Turkey. I sent my form80 to DIAC in April 2010 , it is not 11th month and I am still waiting. I also have a friend who sent his form in May 2010, he is also waiting.

The average time of security assessment for applicant from Turkey was used to take 8-9 months. However, nowadays it take much longer. I dont know the reason for that. It seems your case is near to avarage time.

[immi2009]

hi enet,
Thankyou for your reply, my husband and i originally lodged or application in november 2009, and was invited to ankara for a interview on may 2nd 2011 and recieved news via telephone that our application was succesful and that they needed my husband to attend medical and a asio from australia(sponser) we did all that and recieved a call from the embassy advising us that our form 80 was sent to australia on may 07 2010, 10 months after i complained it was taking too long as they had previously advised us security checks usually take 8-9 months same day they called & said security check had arrived:) i think you should write an email to them and ask if they can get your form 80 expedited (finalize) as it it been over 11 months.

[danielctownsville]

hi enet,
Thankyou for your reply, my husband and i originally lodged or application in november 2009, and was invited to ankara for a interview on may 2nd 2011 and recieved news via telephone that our application was succesful and that they needed my husband to attend medical and a asio from australia(sponser) we did all that and recieved a call from the embassy advising us that our form 80 was sent to australia on may 07 2010, 10 months after i complained it was taking too long as they had previously advised us security checks usually take 8-9 months same day they called & said security check had arrived:) i think you should write an email to them and ask if they can get your form 80 expedited (finalize) as it it been over 11 months.

Hello ,
im new to this forum and from what ive read on this forum alot of people have been mucked around or havent really gone to the enth degree to chase up there partners forms and stuff with a embassy or medicals or criminal checks,.
ive just been through this as my wife was from ukraine and my wife had been in australia for 3 months with me on tourist visa, at the time wasnt my wife just girlfriend then progressed to fiancee, when she left after the 3 months i had prepared and looked into everything we had to prepare so the process wouldnt take so long, as everybody knows you have to leave australia to apply for partner visa. so once my wife left and i then arranged every possible paper to give to embassy from criminal checks from 3 countries,to all my documents to support her,we even arranged a doctors medical check in ukraine before the embassy in moscow had the documents even from us to start the process, i then had emailed the embassy in moscow and spoke to them 3 times to make sure they got the paper work and also i told them that i had set a date for the wedding within in september 2010, we were sending the papers in june 10 from ukraine and it took 1 month to get papers, so they had there papers in july my wife had already done her medical and they sent the papers to them i chased it up to make sure they sent it and i told the embassy it was important for us to be married in september, i ended up speaking to a women who then said and promised me it would be fixed up asap. i waited for paper to come from greece for ciminal check only paper we didnt have , once we had the paper on 23 august we sent express to moscow and i spoke to the women with my case and she promised me that she would approve it asap and 3 days later on the 26th august my fiancee at the time was granted a visa to come to live with me , the normal time in moscow is 9-12 months as they say , well i must have made 10 call and 6-7 email to them and they helped me so quick and i was so happy , so it doesnt have to take to long if you really persue it, as the criminal check in australia only takes 2 weeks as i look into it.. so i hope i can give you some insight into how to get your process done quicker, my wife flew in 6th sept 2010 and we married on the 10th 2010 as planned and we were very thankful to aus embassy in moscow and sendema the women who helped so quick.

[Sheelagh Blanckenberg]

Dear DanielC

Welcome to the forum and thank you for sharing your experiences with DIAC. It is always good to hear of positive outcomes.

Kind regards

Sheelagh

[downUnda]

G'day everyone. I am very new to this forum. after reading all of you guys stories i come be a little more relaxed that i am not the only who has issues with the immigration.

I also like most of you guys have lodged an application for my Fiance under prospective spouse visa at the Berlin office. original application was lodged in June 2010 and by Oct 2010 we were unable to get married in Athens, so i asked our CO what can we do. Our CO advised us that we should withdraw the current application and lodge a new application for fiance rather marriage this will not extend the time frame, all the relevant documents that were provided to them will be considered and by Feb 2011 my fiance will be granted a visa and we will be married in Australia. Well by Dec 2010 I managed to lodge the new application, By end of Dec i was advised by CO that form 80 has been returned successfully to my CO from australia, which is good news, however they requested medical which we submitted by Jan 2011. Feb 2011 we didn't get the visa, rather we received a form which had number of questions regarding violance against humanity or to something to that extent. My fiance is from Afghanistan oringally, however lives in Athens, we did police check from Athens plus submitted the form regarding the violance against humanity with all the correct answer and submitted it at berlin office on the first of week of March 2011. Mid March 2011 we recvd email from our CO that all the information and relevant documents has been passed to external agency in australia to do further checks such as National security check. Now it has been 3 month with no outcome. I am currently living in Athens with my Fiance, i am suffering from depression, i am home sick, the fact that ATHENS has economic crisis, lack of work, lack of safety, everything is just piling up and affecting me and my fiance health, mentally, emotionally and physically. I have no clue what to do. I just wanted to share this with you guys and wanted to know if anyone can advise, suggest anything that could help us take the next step.

I also read a news artical that an average time frame for National Security check for asylum seekers (boat people from xmas island) is 66 days....PLEASE DO NOT GET ME wrong i feel for those people, but i don't understand why it is take more then 90 days in mycase or anyone else for that matter who is trying to enter australia in normal and legal way...if you know what i mean.

[janetta]

Hello.I have an enquiry in regards to my partner's visa. My partner is from a very high risk country Afghanistan. I got married 2 years ago and put in his application september 2010.I gave in my appilcation in person at the Dubai Office where both me and my partner was interviewed.I took all my documents. I spoke to the head and he told me security check takes 6 months.Mine has taken 10 months now and there still asking me to wait. I fell pregnant thinking my partner would come with me by the time my baby was born but disappointingly they didn't seem to care. My psychologists and social worker from hospital sent them so many letters that I wanted him to be there when the baby was born.Even now one month after my baby is born I have no reply from them. They e-mailed my partner 5 days after my baby was born and asked for additional information which was the same questions in the FORM 80 which he had previously answered.They also called him and confirmed more questions, They asked him about his employment details in Dubai as he was working there for 3 months and also current employment.After that my CO e-mailed me this Thank you for your email and congratulations on your new baby.

This information was requested by our colleagues in Australia to further process your application. We will be contacting you when the clearance is recieved

This was e-mailed one month ago.can you tell me if this is good news and how much longer do u think they will take.If they are looking at my file and asking for information does it sound like things are finalising but how long do u think they will take.can you give me any advice.i am really desperate.im worried it might take 14-16 months (god forbid).Have you had cases like me.It has now been 10 months and 20 days.they said it takes 9-12 months.if my husband does not get any response i will have to move back to afg with my newborn and i do not want to take my baby too such a unhygienic and dangerous country.DIAC does not seem to care about their citizens safety or life.whats happening to the world.so much insensitivity.how much longer do i have to wait




(rkc@austmigration.com.sg)

[navdeepkaur12]

Hi Stella

For a permanent visa application our immigration department want a police check done for every country an applicant has lived in (cumulatively) for 12 months or more in the last 10 years.

Police checks from many countries contain a complete history of the applicant's convictions, often including convictions which are considered 'spent'. Understandably this disclosure can cause applicants a great deal of stress.

As I have mentioned before, from what you have stated about your particularly convictions, it is unlikely they will have a negative impact on your visa application other than just perhaps lead to a delay if you are asked to provide further information about the offences.
hi myself navdeepkaur12 i applied for subclass 100 visa in march 2011 and still waiting to get my PR FINALISE. AS MY HUSBAND IS NOT BEHAVING PROPERLY WD ME .HE THREATS TO CANCEL MY VISA. HOW LONG I HAVE TO WAIT TO GET GRANTED

[nvoorst]

Hi,

DIAC advised me recently that processing of the second stage spouse visa application currently takes between 6 to 8 months from application date.

Regards,

[Team Oyeniyi]

Hi,

DIAC advised me recently that processing of the second stage spouse visa application currently takes between 6 to 8 months from application date.

Regards,

Nick, I was advised we don't have to apply, that DIAC will contact us. Has there been a change? I was of the understanding we apply for both visas when we make the original 309 application.

[nvoorst]

DIAC will contact you towards the end of the 2 years and there is some more paperwork to be done for the second stage of the application.It takes apparently 6 to 8 months to process this. Make sure you advise DIAC if you change address or contact details.

When a couple is in a long-term relationship, they can apply for a waiver of the 2 stage process and go straight for the permanent spouse visa.

Regards,

[Team Oyeniyi]

.It takes apparently 6 to 8 months to process this. ,

So what sort of visa is the person on during that 6 - 8 months?????

[Jag Khairra]

The person should be on sc309 which is valid till a decision is made on sc 100 visa.

[Team Oyeniyi]

OK - thanks - I did wonder about the strange wording on the 309 visa!

[Team Oyeniyi]

If I were in your wife's situation I wuld be lodging a complaint with the Ombudsman's Office. There are also other complaint avenues you can pursue, but that is an inhumane amount of time to wait, especially if your wife and children are in Australia and you are being kept apart from your children.

[kokoro]

hi immi2009

Form 80 is designed to check on character clearance. The from would have been electronically transmitted to Austrlian Security Intelligence Organistaion (ASIO) who is the national body for all securtiy clearance. I dare say applicants from Middle Countriies with Mulim names and or of islamic faith tends to take longer for ASIO to clear the character clearance phase. It can take longer than 12 monthsdepending on the country of the visa applicant. The time it takes to clear security by ASIO is very unpredicatable.

Cheers




Hello mates,

Please i need an advise from anyone that knows about this Security checks ., I ave been in Austraila now for just over 2years and file in my second stage PR and i supply all document needed to process PR now also form 80 and knowing today that my application it on final stage which is Security checking., and at my first stage i did check from country of origin also country of resident China and i need one here for my second stage ., so my question is did anyone know which checks will they be processing ?? should it be country of origin or country of resident china or Austraila here ., or they will run the checks again to all of the above ????????????

Please anyone should tell me what they think ??? Below is the reply from my Case officer ..everyone read and pls tell me what you all think ..

Thanks














I am responding in regard to your telephone call to the department on the 4/1/2011. I can confirm
the requested documentation (Form 80) has been received by fax and mail. Thank you for providing
this information to assist in the continuing process of your application for the Partner (Permanent) Subclass 100 visa.

As part of the final processing security checks are carried out on all visa applications however the time these take depend on many factors,
including the class/subclass of visa being applied for, other members of the application and the applicant's country of origin.
For some applicants, including your spouse, checks are carried out by other agencies. DIAC does not disclose the nature of these checks or other details.
Further, DIAC has no influence over the time taken by the agency and are not kept informed of the progress of the checks. I cannot advise how long the process will be.

I will contact you immediately any further information is required or the progress of your application. if you have any further queries
please contact me on the telephone number listed below or directly

[kokoro]

DIAC will contact you towards the end of the 2 years and there is some more paperwork to be done for the second stage of the application.It takes apparently 6 to 8 months to process this. Make sure you advise DIAC if you change address or contact details.

When a couple is in a long-term relationship, they can apply for a waiver of the 2 stage process and go straight for the permanent spouse visa.

Regards,


Hello mates,

Please i need an advise from anyone that knows about this Security checks ., I ave been in Austraila now for just over 2years and file in my second stage PR and i supply all document needed to process PR now also form 80 and knowing today that my application it on final stage which is Security checking., and at my first stage i did check from country of origin also country of resident China and i need one here for my second stage ., so my question is did anyone know which checks will they be processing ?? should it be country of origin or country of resident china or Austraila here ., or they will run the checks again to all of the above ????????????

Please anyone should tell me what they think ??? Below is the reply from my Case officer ..everyone read and pls tell me what you all think ..

Thanks














I am responding in regard to your telephone call to the department on the 4/1/2011. I can confirm
the requested documentation (Form 80) has been received by fax and mail. Thank you for providing
this information to assist in the continuing process of your application for the Partner (Permanent) Subclass 100 visa.

As part of the final processing security checks are carried out on all visa applications however the time these take depend on many factors,
including the class/subclass of visa being applied for, other members of the application and the applicant's country of origin.
For some applicants, including your spouse, checks are carried out by other agencies. DIAC does not disclose the nature of these checks or other details.
Further, DIAC has no influence over the time taken by the agency and are not kept informed of the progress of the checks. I cannot advise how long the process will be.

I will contact you immediately any further information is required or the progress of your application. if you have any further queries
please contact me on the telephone number listed below or directly