# spouse visa 309 validity time



## thomas1980 (Aug 26, 2011)

Hi,
I am Citizen here.

My wife got Spouse visa 309 on 27/9/2011. and she came to Australia on 14/10/2011. we both left Australia on 6/02/2012 to India. we lived together for 4 months in India. I came to Australia alone on 06/06/2012 due to my wife is pregnant at the moment and as per doctor advise she cant travel to Australia now.

I have some questions.

If my wife comes to Australia in sep or Oct 2012, would be a problem in immigration as she will be around 6 months pregnant?

If my baby born in India itself in Feb 2013. what will happen to my wife spouse visa 309 if she not arrive Australia in the 2 year waiting time period of spouse visa 309?

I have to inform immigration now, that my wife is pregnant and she cant travel up to sep or oct 2012.

What is the procedure to follow ?
Can somebody please advise for this???


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## Guest (Jun 28, 2012)

The 309 does not have an end date, it is a provisional not temporary visa. It is valid until such time her PR 100 visa is decided on. 

She can travel to australia at any point and being pregnant makes no difference but the airline may not let her travel in the late stages. 

BUT if she is in India how can you convince DIAC you are still in a comitted relationship if you are in Australia without her?

How and when did you become a citizen? It makes a difference to if your child is a citizen or will need a visa if it is not born in Australia.

If she is granted the PR 100 visa whilst still in India she will need to validate the visa, not so if she is onshore.


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## thomas1980 (Aug 26, 2011)

_shel said:


> The 309 does not have an end date, it is a provisional not temporary visa. It is valid until such time her PR 100 visa is decided on.
> 
> She can travel to australia at any point and being pregnant makes no difference but the airline may not let her travel in the late stages.
> 
> ...



Hi Shel, Thanks for the reply.

i got the Citizenship in June 2010. I got PR in May 2007 after 3 years of Student Visa, once i completed 2 years in Australia as PR, i got my citizen in June 2010.

Myself and my wife both left Australia on 6th Feb 2012, and i stayed with her for 4 months in India and i reached Sydney on 6th June 2012.

My wife applied for the Spouse visa on April 25- 2011 and got the Spouse visa on 27/9/2011 and she entered Australia on 14/10/2011.

I don't have anybody to take care of my wife in the delivery time, so we are planning to get our child in India itself.

So, i have to inform to the immigration by email , that my wife is pregnant and she cant travel to Australia until next year ?

so, my child will be a Australian citizen or not ?

Can you please suggest some ideas....
Thanks in advance...


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## Guest (Jul 2, 2012)

You need to inform DIAC she is offshore. Near to April next year they will write to you both asking for more proof you are still in a relationship. If the information is enough she will get her 100 spouse visa about 9 months later.

Your child will be a citizen but you will need to apply for it a citizen by descent because they were born outside of Australia. When you get that you apply for the childs passport and they can travel to Australia. But your grandchildren may not be citizens if they are born outside of Australia unless your child spends a substanial period living in Australia.


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