Spouse Visa - Delegated Decision Maker

[james_smith]

Hi Guys,

I am an Australian Citizen and married to an Indian Citizen. We applied for my wife's spouse visa application in early April at Australian High Commission, New Delhi. The application was front loaded with police checks and medicals.

Last week on querying to the CO, my wife got an email from the CO stating that her visa application has been forwarded for final decision making to the delegated decision maker and the decision is expected in few weeks time.

I dont understand that, we thought that the CO has the authority to grant the visa, never knew that they have to pass on the application to another delegated decision maker for final approval.

Would any one know how much time it generally takes for a Delegated decision maker to finalise the spouse visa application? Also not sure if this visa year planning quota of 45000 partner visas will affect the processing till the beginning of the new visa year on 1st July, 2010.

Cheers,

James

[downundervisa]

Don't panic, James. Sometimes case officers will work together. Or it's possible that the current one is going on holidays, and therefore passes the workload onto another. It's not "a sign" of anything in particular. If they said the decision was expected in a few weeks, then just wait. They'll get to it once it reaches the next place in the pile.

[james_smith]

Thanks for your reply Jeff, AHC New Delhi's website states following:-

"Once all the required information has been received your application will be given to a delegated decision maker for consideration.

After the above paragraph please insert a new paragraph as follows:

The decision maker will decide your application as soon as possible bearing in mind the large number of applications we receive in this office. This process could take several weeks."

If we go inline to the above statement than yes i can think that my wife's spouse visa application is in the final stage.

The frustrating part is that you have to live apart for no apparent reason just because DIAC is overburdened with all sorts of visa applications and they dont have enough man power to deal with it. The thing that they dont take into consideration is that as time passes by it is really hard on the husband and wife, it might actually affect their well being, work performance, get into depression etc. I really wished they had a premium / fast track processing option where you can pay a premium service price and front load the application and it gets approved within 2 weeks time.

Jeff would you know anything about the visa year quota has now reached for partner visas??

Cheers,

James

[nvoorst]

I really wished they had a premium / fast track processing option where you can pay a premium service price and front load the application and it gets approved within 2 weeks time.

Wouldn't we all....



Jeff would you know anything about the visa year quota has now reached for partner visas??

Cheers,

James

It was reached some time ago. That's the advice I received in April. The new quota starts on 1 July.

[joutzen]

Hi Nick
Do you know what the quota is, how I can find out this information, etc.
Thanks

[Babybah]

Hi Nick
Do you know what the quota is, how I can find out this information, etc.
Thanks

Hi Joutzen,

here is the link on the immigration website about capping.
http://www.immi.gov.au/media/fact-sheets/21managing.htm

Babybah

[james_smith]

Hi Joutzen,

here is the link on the immigration website about capping.
http://www.immi.gov.au/media/fact-sheets/21managing.htm

Babybah

Pretty strange, immi website says that partner visa are not subject to capping, but still they wont grant any further visas if they have already exceeded their quota of 45000. Really dont know how this capping and quota thing works!!

[Sheelagh Blanckenberg]

Hi James

It can get a little confusing I agree!
This is a slight over-simplification but for all intents and purposes look at it this way.

A 'cap' is a legally defined term which refers to the maximum number of visas in a particular subclass which can be granted in a programme year. The number is mandated by law and cannot be surpassed under any circumstances (not sure what happens if DIAC inadvertantly do but we wont go there:) ).

References to 'quotas' in non-capped visa classes is quite different. This comes about thus - each programme year the Australian government determines the total number of permanent visas which are going to be granted that year. This number is sub-divided according to the various streams eg family, skilled, humanitarian etc. Each of these streams is again sub-divided according to the class of visa, whether they are onshore or offshore etc - it can become a little technical here so wont bore you with further detail but suffice to say this is worked out using various statistical analyses.

The result is that each type (or subclass) of visa receives a 'quota' for that year. It is a planning tool, primarily aimed at assisting DIAC achieve the migration programme outcomes set by the government for that year.

When the grants for a particular visa subclass reaches this quota, DIAC stop granting further visas in this subclass. If grants in other subclasses do not meet the set quota then the unused places will be distributed to those visas classes which have had a higher-than-determined demand.

The bottom line is that the immigration department try and juggle between the various visa subclasses to ensure that at the end of a programme year they not only come in on or below the predetermied programme number but also maintain the predetermined ratio/proportion of permanent visas granted under each stream. Let me tell you it is quite a balancing act and one that keeps programme managers on their toes for at least the last four months of a programme year (if not longer sometimes).

Hope this helps and has not muddied the water even further.

Cheers
Sheelagh

[james_smith]

Hi Sheelag,

Thanks for your explanation.

It seems that now everything is boiling down to 1st July when the new visa year will start. I want your opinion on this one - Should i call and speak to the CO on 1st July about the status of my wife's spouse application which might help it to move along in the pile as the last update we had was that the CO forwarded the application to the delegated decision maker about 3 weeks ago.

Also immi.gov.au states that all the applications which are sponsored by Australian citizens are given a priority in processing, so I might ask the CO if we are given any priority or not in the processing on or after 1st July??

I would appreciate if you can opine on the above queries

Cheers,

James

[Sheelagh Blanckenberg]

Hi James

I dont think you will gain anything by contacting the CO on the 1st July. It's a manic time of year in the department and I doubt you will get any definitive or useful response. Give it a few weeks and if you hear nothing, then by all means, contact him / her. With a bit of luck your application will be one of the first to be granted within the new programme year!

Yes, Australian sponsored applications are given priority. Your application will however be in a queue along with all the other partner applications which have been lodged. And these will be assessed and decided as quickly as possible by the partner application processing staff, usually in accordance with the date the applications were made.

Cheers
Sheelagh