Spouse Visa Application

[aardvark]

Hi,

My husband entered Australia in October 2009 after being granted a Prospective Spouse Visa. We married in February and are currently putting together our application for the next stage of the process - the Spouse Visa.

I have 3 questions -

Firstly, my husband would like to start university studies but we cannot afford international fees so we are accompanying the application with a cover letter asking that the application be considered for an automatic grant of permanent residency (we have proof that we have been together since February 2005). Does anybody know of this being granted (we have no children but have absolute proof that we've been together more than 3 years)?

Secondly, is the Spouse Visa application pretty much the same as the Prospective Spouse application? Is it our best interests to submit everything again? (I have had conflicting information from DIMA staff so I would like to know what others have experienced)

And finally, when including copies of birthday cards etc do they have to be certified?

Thankyou in advance for you help :)

[Robert]

Hi aardvark
(we have proof that we have been together since February 2005). Does anybody know of this being granted (we have no children but have absolute proof that we've been together more than 3 years)?

If from the above phrase it means that you have lived to gather as husband and wife since Feb 2005 you may well qualify for permanent visa at the time of your provisional visa application if you had applied for SC 309. The onus to prove you and your partner had passed the time-tested partnership as spouse’s falls on you to evidence. Since this was not applied for or addressed at the time of application it may prove to be lawfully difficult for the second stage.

You can still seek waiver for the two years waiting and dispense with the waiting if you can demonstrate you have live as spouses for 5 years. Again, since this was not tested at the time of provisional visa application it may be too late now.

Email me your contact numbers and I will talk to you. I need to trawl through the legislation and policy once again.

Regards


Robert K Chelliah
rkc@austmigration.com.sg

[Robert]

Hi aardvark

I stand corrected by colleague Tony Coates. Recently (on 27/3/2010) the legislation and policy was corrected to 3 years of relationship, not 5 years as it was previously. Thank you Tony.

Robert K Chelliah