# Advises need for Spouse Visa on (Subclass 485)



## pyramidix (Jun 7, 2010)

Hi
I just join this forum for getting information regarding immi...
Here I am holding Subclass 485 visa untill AUG 2011.And I had finished my PR requirement (12 months work expr in IT field).
But the problem is that like once if i applied for PR than i can't put Spouse Visa untill any decesion come up...
So for that before applying PR i am going for marriage and planning to bring her in Australia on the base of Spouse Visa of 485...
So I can apply PR together....
is there any suggestion?how long Spouse Visa (offshore) processing will take?is there any IELTS requirement for Spouse Visa?


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## Wanderer (Jun 16, 2007)

pyramidix said:


> Hi
> I just join this forum for getting information regarding immi...
> Here I am holding Subclass 485 visa untill AUG 2011.And I had finished my PR requirement (12 months work expr in IT field).
> But the problem is that like once if i applied for PR than i can't put Spouse Visa untill any decesion come up...
> ...


Yes, the 485 will be her eligible visa for joining you on a PR application and though no indication of english mentioned on Skilled - Graduate (Temporary) visa (subclass 485) there is a reference to english on the application form.

That may I suspect be waived, given the earlier non reference and on basis of english ability being subject to assessment on the later PR application.

As to time for processing the 485 spouse visa, Client Service Charter is a guide.

You may also want to give some thought to there being no guarantee of a PR application being accepted after the 485 visa before you go to the expense of bringing your spouse here for the changes to immigration regulations being made will see much more review in the future of whether there is actual demand for specific occupations, a far closer assessment to be expected so that there will not be such a huge backlog of applicants waiting indefinite years for consideration and having uncertainty with their life or alternately, people getting visas and then finding they cannot get employment in their skilled field.

If you have employment in your skilled field now and an employer who is eligible for and agreeable re sponsoring, an employment sponsor visa may be a much more positive approach and you can add your spouse to an employment sponsor visa.

Have a look at http://www.immi.gov.au/skilled/general-skilled-migration/pdf/priority-processing.pdf and then http://www.australiaforum.com/issues-current-events/4533-latest-migration-amendment.html is a thread where there is some discussion in respect to Migration legislation for Visa Capping.
If you have any queries in respect to that, please do so on that thread but otherwise for new SOL and State Migration Plans lists discussion, there is a SOL questions sticky thread.


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## aba (Oct 29, 2009)

pyramidix said:


> Hi
> I just join this forum for getting information regarding immi...
> Here I am holding Subclass 485 visa untill AUG 2011.And I had finished my PR requirement (12 months work expr in IT field).
> But the problem is that like once if i applied for PR than i can't put Spouse Visa untill any decesion come up...
> ...


The visa pathway for international students has become very complicated. Be mindful of the following:

Your spouse will need to be granted the subclass 485 visa before you can both apply for the 885 visa;

The Immigration Department is paying close attention to spouse and de facto relationships on 485 and 885 applications;

If you held or had applied for your 485 prior to the 8th of February changes, the new SOL will not apply to you as long as you lodge your 885 application prior to 31 Dec 2012.

Raul T Senise Registered Australian Migration Agent, MARA No. 0636699
Home


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## pyramidix (Jun 7, 2010)

Hey (Wanderer & aba) 
thank u very much for quick response to my query...
I just go through ur helpful link regardings Proccessing Time...nd it suggested 5 to 10 months for that...
So if i will apply it in this July 2010 than it will be granted before AUG 2011 because my 485 will be expired on 22 AUG 2011...
Can I take any benefit of Partner Skills (She had finished MBBS in FEB 2010 and doing Internship for 12 months (untill March 2011))?....or
is there any benefit if she will clear AMC exam (for Registered Overseas Doctor)?...or
is there any alternative for me regarding this situation rather than waiting for (5 -10 months) long Proccessing time for Spouse Visa on Subclass 485?

Thanks in advanced.....


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## Wanderer (Jun 16, 2007)

pyramidix said:


> Hey (Wanderer & aba)
> thank u very much for quick response to my query...
> I just go through ur helpful link regardings Proccessing Time...nd it suggested 5 to 10 months for that...
> So if i will apply it in this July 2010 than it will be granted before AUG 2011 because my 485 will be expired on 22 AUG 2011...
> ...


You do have a few issues you'll need to address and if it all works out OK and your partner is doing an internship until March next year, I take it she is not really too free to travel before then anyway without not finishing her internship, perhaps the 485 partner visa approved by then.

But getting her approved as a partner is the first step and you'll not only need to get married but be able to show a relationship has existed, be it of a different cultural aspect if that is the case.
Other than that process, the other alternatives would only be for her to have another eligible visa such as with studying herself but that I assume could not be until after her internship is finished anyway so you are looking at a similar if not longer time.

Likewise , her applying independently as a skilled person is likely to be longer given she will have to meet the Australian examination and registration requirements aside from the mandatory Immi 12 months experience and it would need to be checked whether internship provides that but certainly most likely not if it is a pre-graduation internship.

Many doctors do enter Australia initially via employer sponsorship and if that was to be contemplated, it would probably be advisable to check with different state health departments and/or hospitals to see if they would have a program to take doctors just finished their internship.

For you to get points for her as a skilled partner, she would need to have her AMC recognition.


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## pyramidix (Jun 7, 2010)

Hi Wanderer
Thanks for contious replying me for my queries....
As per ur suggestion I understood the whole scenario for my application like:

1) If I will apply for Spouse and if she will be granted 485 Visa before AUG 2011 than there will be no problem for me if there will be no capping affect me.....(She will come here in the mid of Internship (Temporary for 1 month) by extending her internship for 1 month if she will be granted 485 visa)....
2) Without getting AMC recognition she won't be able to go for employer sponsership eventhough She had 12 months post-graduation internship...
But now my question is:
If I go for the FIRST option and unfortunately (Because of Capping Rules) if I must have to put PR application alone without waiting for her 485 visa than what will be situation.....
->she will be granted 485 visa up to AUG 2011 and Untill that time if I haven't got my PR...than what shoud be my next step?


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## Wanderer (Jun 16, 2007)

pyramidix said:


> Hi Wanderer
> Thanks for contious replying me for my queries....
> As per ur suggestion I understood the whole scenario for my application like:
> 
> ...


Between when your 485 ceases and a decision is made on your PR application you'll be on a bridging visa, likewise your wife I suspect rather than her 485 continue on longer.

But would her intent not be to do the AMC examination and get registered for practising as a doctor?
If she does that, then it may be better that you consider going as a partner on her doing an independent or employer sponsored visa application.

It may in fact be the better option for her not to apply for the 485 at all cost wise and see about doing the AMC examination ASAP to be able to make either an independent or employer sponsor application.
If she comes on a 485 and then is on a bridging visa with you, her employment here as a doctor is still going to be reliant on you getting a PR granted.

You both could be in limbo for a longer period that way and then if there became any capping applicable to your occupation, she'll then need to apply for a visa anyway.

One way has potential to be all a bit messy whereas the alternate is more direct.


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## pyramidix (Jun 7, 2010)

Hey Wanderer

Thanks u very much for well directing me in my future application....

If there will be any further query than I will interrupt you......Once again Thanks a lots


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## jas_poo (Feb 27, 2012)

hey , 

I am on 485 subclass . how long did it take for your wife to come Australia on a subclass 485 visa ? 
please do share your experience.! i shall really appreciate


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