lawlaw

interesting email from DIMIA (partner/spouse visa)

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I emailed the london office this morning for some general information
and this is the very informative email they posted back, this is for
spouse/fiance/prospective marriage visa. I think it covers quite a lot
of queries people have on her. It does say most people are interviewed
though? Is this true?

Dear Enquirer

I am responding to your enquiry about how you/your partner would obtain
a visa for migration to Australia. We receive many similar enquiries and
most issues are generic. The following addresses our most frequently
asked questions.

Partner migration refers to applications for entry to Australia made by
the married or de facto spouse, fiance(e)s and interdependent (same-sex)
partners of Australian citizens, permanent residents or eligible New
Zealand citizens.

An application for a Partner visa should be lodged at the responsible
overseas migration office for the country in which the applicant usually
resides. For persons residing in the UK or the Republic of Ireland, the
responsible office is the Migration Section of the Australian High
Commission in London. The information below is intended for persons who
will be lodging an application in London.

Key Information Source

The primary public source for information about Partner Migration
migration is the official website of the Australian Department of
Immigration and Multicultural and Indigenous Affairs at www.immi.gov.au.
Partner information is at
http://www.immi.gov.au/migration/fa...tners/index.htm and you will find
detailed information about the application process, documentary
requirements and answers to most frequently-asked questions. The website
provides information about partner, prospective marriage (fiancee) and
interdependency visas. It provides checklists, describes evidentiary
requirement, explains terminology and leads you to the appropriate
sponsorship and application forms.

What Forms do I need to Download and Complete?

You have a choice of completing an online application (which you must
eventually print off and submit to the processing office in hard copy)
or downloading an application package which you can complete in writing.
Details for online and downloadable forms are at
http://www.immi.gov.au/migration/fa...pplications.htm

You will need to have Adobe Acrobat loaded on your computer to enable
you to download these forms. This is a free download, and if you do not
already have it, the website provides a link to upload Adobe as a
precursor to downloading the relevant forms.

Do we Include our Children in the Migration Application?

If you and your partner have children born outside of Australia, and if
one of the parents was an Australian citizen at the time of the child's
birth, your child may be eligible for registration as an Australian
citizen by descent. This will require you to lodge an application for
registration by descent with the Citizenship Section of the Australian
High Commission.

If the relevant parent was a permanent resident of Australia, but not a
citizen, at the time of a child's birth overseas, then that child does
need to be included as a dependent child in the migrating parent's
application.

If your child is eligible for registration as an Australian citizen by
descent (and this can only be determined in the context of assessment of
an application), you can then apply for an Australian passport for that
child but only after registration as a citizen.

A child who has been registered as an Australian citizen by descent does
not need to be included in a parent's Partner application or undergo any
sort of migration processing.

Our Citizenship Section processes most applications for citizenship
descent within 5 working days. The Section does not process passport
applications which must be lodged with the Passport Section of the
Department of Foreign Affairs and Trade (DFAT) at the High Commission.

The London website at www.australia.org.uk has information in the Visas
& Citizenship section on forms and application procedures for
registration of citizenship by descent. Passport application information
is available in the DFAT section of the website.

Further information is available at www.citizenship.gov.au.

What About Fees and Associated Costs?

The official term is "visa application charge".

The Partner Migration booklet has a special section to explain costs and
charges and also refers you to the www.immi.gov.au website for
determination of the visa application charge in effect when you are
making your application. There is a currency convertor facility on the
website if you need it.

Be aware that charges change from time to time, so you will need to
check shortly before lodging your application to make sure that you
are paying the current charge. Charges are generally varied on 1
January and 1 July each year. The visa application charge applicable
to your application is the charge in effect at the time that your
application is received in the Migration Section of the Australian
High Commission in London (that is, the relevant time is the time of
receipt, not of posting).

Note also that you are responsible for all costs associated with the
making of your application including the costs of obtaining medicals,
character clearances and the like.

The visa application charge is a processing fee. If your application is
refused or withdrawn, the fee is not refunded.

How Can I Pay the Visa Application Charge?

We accept credit/debit cards only (except for American Express or
Diners Card). There is a section in the application form for credit
card details.

If we receive your application and you have not paid the current
application charge, we will attempt to call or email you as soon as
possible to advise you of the current charge and arrange for you to send
in the correct payment. An application is not validly made, and
processing cannot commence, until the correct payment is received.

What About Medicals?

Each applicant, including children, must undergo health checks. Further
details are in the Partner Migration booklet and the following is a
brief summary only.

Each applicant aged 11 years and older will require a medical
examination and chest x-ray in the first instance.

Each applicant aged 15 years and older will require a HIV test.

If the applicant is pregnant, she may choose not to be x-rayed until
after the birth. This may delay finalisation of the application.

Medical test results are generally valid for one year.

Can I do my Medicals in Advance of Application?

You can, if you so choose, undertake health checks before you lodge
your application. This will enable you to lodge a complete application,
which may help to speed up processing of your application. You are
responsible for the costs and these will not be refunded if your
application is refused.

Where do I Obtain Medical and Radiological Forms?

The forms you require are a Form 26 (medical) and Form 160 (radiological
examination). These can be downloaded at www.australia.org.uk in the
"medical information" section.

How do I Find out about Panel Doctors for the UK and Republic of
Ireland?

Medical and radiological examinations must be undertaken by an appointed
panel doctor or radiologist. For details of your closest panel doctor
and radiologist, please see www.australia.org.uk. This is the London
office website. In the section on Visas & Citizenship, see information
on the health requirement. A list of panel doctors is available to be
downloaded.

How are Medicals Returned to Our Office?

Your panel doctor should be advised that you are applying for a
Partner visa. Your panel doctor will return completed medicals
directly to our office c/o Migration Section, Australian High
Commission, Strand London WC2B 4LA.

On the front of each form there is a grey box headed "office use only".
Against "visa class" please write either PARTNER or FIANCE according to
the type of application you are making. Against "name of office
processing the application" please write LONDON. It is important that
you do this so that we have appropriate handling instructions for our
mail staff when the medicals are returned to this office.

What About Character Clearances?

An applicant must be found to be of good character. Each applicant aged
16 years and over must provide police checks for each country (including
Australia) in which the applicant has resided during the last 10 years
where the period of residence was 12 months or longer (in
total/cumulatively), and the person was aged 16 years or over at the
time of residence.

You must provide originals of your police clearances. We will retain
these, so you should keep copies if you require.

Instructions on how to obtain police clearances for most countries are
contained in Form 47P (Character requirements: penal clearance
certificates). This must be downloaded from www.immi.gov.au.

How Long does it Take to Get a Character Clearance?

We recommend that you initiate your request for clearances early. Note
that it takes around 49 days for clearances to be obtained from the UK
authorities. You can obtain this, if you choose, in advance of
application and present the clearance with your application.

For some countries, clearances can take several months. We are not able
to influence or expedite character clearances as these are solely the
province of the issuing authorities. Finalisation of your case cannot
proceed until your case officer is satisfied that you meet the character
requirement.

Do I send Originals or Copies of my Documents?

We require originals of character clearances only. You should provide
certified/notarised copies of key documents such as birth, marriage and
divorce certificates. In all other cases provide simple photocopies of
supporting documents such as rental agreements, bank statements,
insurance documents and the like.

Who Can Certify Copies of my Documents?

For the UK and the Republic of Ireland your documents can be certified
by a notary public, commissioner for oaths, police officer, bank manager
or solicitor.

Who Can Witness a Statutory Declaration?

As above. A statutory declaration made out in Australia can be witnessed
by a Justice of the Peace (JP). Statutory Declarations supporting claims
of a genuine and ongoing marital relationship made out in Australia
should be provided on Form 888 which can be downloaded from
www.immi.gov.au. The declarants should provide a copy of evidence of
their citizenship or other visa status with the Form 888. Further
information is available in the Partner Migration booklet.

If you are obtaining a statement of support from family and friends in
the UK or ROI, there is no special format which you must use. You can
use the Form 888 although this is intended for persons in Australia. If
in the UK or ROI, the declarant can simply make out a statement in their
own writing, giving their full name and contact details, and ensuring
that the statement is appropriately witnessed by an authorised person
such as a notary public or commissioner for oaths.

I Do Not Know the Details of Previous Visas for Australia

If you no longer have previous passports, or have otherwise travelled on
electronic visas and cannot give us visa label or grant numbers, just
provide approximate dates of your previous visits in Australia as best
you can. Your case officer is able to ascertain the details of your
previous travel directly from our own records in the course of
processing your application. It is not necessary to contact us
separately to try to obtain this information in advance.

How Should I Put My Application Together?

Please do not make complex collations of your application papers. We
waste a lot of time (and risk injury to life and limb) deconstructing
applications which have been extensively stapled or artfully put
together in complex folders with indexes, dividers and tabs. Do not use
plastic inserts. Please leave the papers, loosely divided by slide-on
paper clips if you feel it is absolutely necessary, in a simple stack.
Application form on the top; sponsorship form next; key personal
documents next (birth and marriage certificates etc); formal statutory
declarations next; and other supporting documents last.

Please do not send us video tapes or photograph albums. If you would
like to support your claims with photographs, please choose a
representative selection and make a photocopy.

Please do not send us phone cards at all as they can tell us nothing. If
you wish to send examples of correspondence, please be very selective
and send copies only.

How do I Lodge an Application?

All applications to be lodged in London must be lodged by post. We do
not accept applications over the counter.

We suggest that you send in your applications by some form of secure
post. For clients living in the UK we recommend that you use Special
Delivery and keep a record of the registration number. You can then
track progress through the mail system and date of delivery to us on the
Royal Mail website via their Track and Trace facility. Clients in the UK
must also include a self-addressed Special Delivery envelope for the
return of their passport and other documents - ensure that the envelope
size is appropriate to what you expect to have returned to you.

Clients living in the ROI should also use some form of secure or
registrable post. We will return documents by Airsure.

Our postal address is:

Migration Branch
Australian High Commission
Strand London
WC2B 4LA

Clients wishing to use couriers should note that items can only be
delivered to the Migration Branch between the hours of 9-11am weekdays
(other than public holidays) at the Migration Counter. It is important
that you inform your courier of this restriction as no items intended
for this Branch will be accepted elsewhere in the High Commission other
than at our counter during our opening hours.

Will I be Interviewed?

Most applicants are interviewed. This may occur by telephone or in
person. The necessity for, and conduct of an interview, is at the
discretion of your case officer.

Who Will Process my Application?

When we first receive your application, it will be allocated to a
migration officer. You should receive an acknowledgment within about 10
working days - please do not approach us before that time. It is our
preference to communicate with you by email. This makes for faster
transfer of documents and speedy exchanges with your case officer. Your
case officer will provide you with details of the officer's name,
position number, email and phone contacts.

If you have not heard from your case officer before 10 working days from
the date on which you believe we will have received your application,
you can send an email enquiry to firstenquiries.lhlh@dfat.gov.au
providing the applicant's full name and date of birth.

How Long Will it Take?

Our general response is that the better prepared your application, the
faster we are able to make a decision. We can and do finalise decisions
on the day of receipt - however this is not usual. Few applications come
fully front-end loaded (including health and character clearances) and
it is not always possible to anticipate requirements for additional
information or complexities that are only evident to the case officer
after an application is received and assessment commences.

Special Notice for Prospective Marriage (fiance) Applicants: It is a
legal condition of all Prospective Marriage (subclass 300) visas that
the holder must marry in Australia within 9 months from the date of
grant of the visa. You should take this into account when calculating
the appropriate time to lodge your visa application and when fixing the
date of your intended wedding. This office will commence processing of
an application when it is lodged and will process at its normal rate to
the point of decision and visa grant where appropriate. We will not
artificially maintain an application in abeyance to compensate for early
lodgement. If you lodge your visa application too early, you will need
to consider the real likelihood that your wedding date will have to be
brought forward.

Statistically, in June 2005, London took from 3-10 weeks to grant
subclass 309 (Spouse Provisional) and subclass 310 (Interdependency
Provisional) visas; and from 4-12 weeks to grant subclass 300
(Prospective Marriage - fiance) visas.

If Granted a Visa Must I Enter by a Particular Date?
(Spouse/Interdependency Visas)

Your health and police clearances are valid for 12 months from the date
of grant. In some circumstances you medicals may be valid for a lesser
period (for example, if you are subject to a health undertaking
requiring you to report to health authorities on arrival in Australia).
Whichever of these clearances expires first will determine the "initial
entry date" by which you must have entered Australia.

If you have obtained your health and police clearances so far in advance
that they expire during processing, or are likely to expire so soon
after decision that the initial entry date would not be viable, it is
open to your case officer to require you to obtain new health and police
clearances. Your case officer will determine the best course of action
during processing.

Prospective Marriage (fiance) visas - some specific information

If you decide to lodge an application for a Prospective Marriage
(fiance) visa (subclass 300), you will need to provide evidence of your
intention to marry. This will be in the form of written confirmation by
an authorised Australian Marriage Celebrant confirming the details of
your planned wedding in Australia. This confirmation must be provided on
the Celebrant�s official letterhead and confirm the following details:


� parties to be married;
� date and venue of marriage;
� Celebrant�s official registration number and address.

If your Prospective Marriage (subclass 300) visa is granted, you must
marry within 9 months from the date of grant of the visa.

My Situation is Complex - Who Can Assist?

We cannot provide individual pre-application counselling. If you have
read the Partner Migration booklet and associated information thoroughly
and feel that you still require expert assistance, you may wish to
consider using a migration agent. You are not required to use a
migration agent, however if you intend to use one, you are advised to
use a registered migration agent. Information about registered migration
agents (registered with the Migration Agents Registration Authority or
MARA) is available at www.themara.com.au.




Yours sincerely

First Enquiries
Migration Branch
Australian High Commission
London

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Posted via http://britishexpats.com

SpaceAce

It is useful to try everything in practice anyway and I like that here it's always possible to find something new.

peggy293y

Hi eeverybody at expatforums.com. This site came up in my search on this subject I am researching.
So I just wanted to say hi to everyone.Great to see some real content on a forum for once
instead of the normal crap I have been reading.

DeptImpen

Just registered here and wow, this site has so much to offer.

tandaCaxjeode

Thanks, nice post. Keep up the good work