Partner visa question

Hi all,

ive just registered.

i was hoping someone could tell me what they understand to be the minimum level of relationship which qualifies for permanent residency immediately via the partner (offshore) visa system.

Me and my wife have been married a little over two years

thanks

Pingpoma

Hi all,

 

ive just registered.

 

i was hoping someone could tell me what they understand to be the minimum level of relationship which qualifies for permanent residency immediately via the partner (offshore) visa system.

 

Me and my wife have been married a little over two years

 

thanks

 

Pingpoma

That's more than enough

Oh ok, so there's no 2 years probation them pr? I hoped that would be the case. I saw on the website that it was 3 years marriage or two with a child but I know people that are not married and got the visa too. I assume if you are married you don't need to prove "genuineness" after a few years

Oh ok, so there's no 2 years probation them pr? I hoped that would be the case. I saw on the website that it was 3 years marriage or two with a child but I know people that are not married and got the visa too. I assume if you are married you don't need to prove "genuineness" after a few years

I presumed that you would be already on a temporary visa when I answered you question. But reading it again I think that may not be the case.

Do you currently hold a partner (temp) visa?

No I am in the UK, no visa at present. Wife is citizen married in Australia 2013 together for 6 years de facto for 5. Wanted to try and get pr from the go to avoid the faff of having to renew and speed up getting a passport.

No I am in the UK, no visa at present. Wife is citizen married in Australia 2013 together for 6 years de facto for 5. Wanted to try and get pr from the go to avoid the faff of having to renew and speed up getting a passport.

In that case, no. You need to apply for the Partner (Provisional) (subclass 309) https://www.border.gov.au/Trav/Visa-1/309-

As far as I'm aware there is no way for direct permanent residence via the Partner visa system.

I saw that but it has this weird term below for the 100 visa

In most cases, permanent residence cannot be granted less than two years from when you lodge your application. You could be granted a permanent visa without having to fulfil the usual two-year waiting period if:

• at the time you apply, you have been in a partner relationship with your partner for three years or more, or two years or more if you and your partner have a dependent child of your relationship
• your partner holds or held a permanent humanitarian visa and you were in the relationship before the visa was granted and this relationship was declared to the department at the time.
  

[h=4]Married applicants [/h]Your marriage must be valid under Australian law. Underage, polygamous and same-sex marriages are not legal in Australia. The marriage could be valid under limited circumstances if one person is younger than 18 years of age. Same-sex couples can apply for this visa based on their de facto relationship.

so I was thinking I could get pr after three years, so later this year, or actually sooner as we are expecting before our third anniversary ...

but ive never heard of it before so I was hoping someone in similar circumstances had been though it already

To be absolutely honest, I've never seen that before. But there it is in black and white!

It says Partner relationship, so I would imagine that you'd be eligible now, as you've been together as partners for a number of years prior to being married.

Hi,

I applied for my partner visa after just over 4 years of marriage in Dec 2014, I live in the UK and my Australian citizen husband lives in Australia, I thought I'd get the temporary partner visa but actually received both the temporary and permanent visa on the same day last October, just over 10 months after the original submission. It caught me out as I now have to apply for permanent visa's for my children (from a previous partner, now I have consent) when I thought I'd have a two year window to add them to my temporary visa. It's all good I hope and we will all eventually end up in Australia together...

Hi,

I applied for my partner visa after just over 4 years of marriage in Dec 2014, I live in the UK and my Australian citizen husband lives in Australia, I thought I'd get the temporary partner visa but actually received both the temporary and permanent visa on the same day last October, just over 10 months after the original submission. It caught me out as I now have to apply for permanent visa's for my children (from a previous partner, now I have consent) when I thought I'd have a two year window to add them to my temporary visa. It's all good I hope and we will all eventually end up in Australia together...

Thanks, so it's seems to be the case that If I apply now I need to do the whole evidence malarkey but if I wait 6 months I can wave the marriage certificate and that's all I need (probably being too simplistic I know but I'm over photos and wedding invites we had to do that for coming to the UK)

Thanks, so it's seems to be the case that If I apply now I need to do the whole evidence malarkey but if I wait 6 months I can wave the marriage certificate and that's all I need (probably being too simplistic I know but I'm over photos and wedding invites we had to do that for coming to the UK)

Maybe. They may still ask for evidence, so be prepared if they do.

I had to dig out all the evidence that we were legitimate despite the marriage certificate - but didn't have to be interviewed, all the info the online application form requested including letters from friends had to be submitted

If you've 5 years de facto you shouldgo straight to the 100 PR partner visa.

Thanks, so it's seems to be the case that If I apply now I need to do the whole evidence malarkey but if I wait 6 months I can wave the marriage certificate and that's all I need (probably being too simplistic I know but I'm over photos and wedding invites we had to do that for coming to the UK)

You qualify now but you will still need to provide evidence to support this. It you are saying you are together 5 years and married for 2 or 3 then show some evidence covering that timeframe and cover the entire year before applying, ie a bill or some such from each month of the 12 prior to lodging.

Wedding photos are not required. In fact, photos are pretty much a waste of time and don't prove anything. I'd not bother with invites either but that is me. I'd perhaps include a holiday booking if its in both your names but that would be it. I'd make sure to submit other strong evidence showing you were a couple.

What you need is proper evidence such as a joint tenancy or mortgage, bills in one or both your names to the same address, wills, life insurance naming the other, car insurance naming you both. Joint or individual bank accounts where you can show money going between them or out of it for things. Also salary slips can be helpful.

Your wife is the sponsor so she has to meet the sponsor requirements. They are pretty clear cut.

You also need to both write supporting statements covering the nature of your relationship (as per the partner visa migration booklet). And provide 2 stat decs, marriage certificate, birth certs, passports and for your wife, either her UK visa or UK citizenship proof to show she is entitled to live in the UK at present. All as per the migration booklet.

You can't just waive a marriage certificate in 6 months and they will grant you a PR visa. You must still provide all the other things they are asking for, so doing it all now or then makes no difference, just will be a longer wait time. When I applied we had been married quite a few years and together before that as de facto. We declared the entire timeframe (no point hiding it is there) and I sent in one or two bills from each year since we became de facto. One bill if it had both our names and the same address on, two if we had individual bills. Then for the full year before we lodged I covered each month, a bill or bank statement. And husband as the sponsor submitted 2 years worth of salary slips and showed this in his bank statements submitted also. So we could show he was the main earner etc to support our statements. I also sent in a few random things like car insurance policy from the odd year.

You can't just waive a marriage certificate in 6 months and they will grant you a PR visa. You must still provide all the other things they are asking for, so doing it all now or then makes no difference, just will be a longer wait time.

I'm not sure this is exactly right.

If the OP applies not, the OP would have to prove de facto status prior to the marriage. That's a tough ask as the de facto criteria tend to be quite rigorously applied. There is a real risk of being granted only the temporary visa - which then would require a two year wait and the processing time before PR would be given. On the other hand, waiting until the 3rd anniversary and showing a marriage certificate would require a much lower level of evidence to be presented and would not necessarily need the evidence to be backdated all the way to the marriage because the marriage certificate is seen as such powerful evidence. Essentially, after the third anniversary (and provided the minimum information requirements have been complied with) the burden would be on DIBP to prove the marriage was not genuine, rather than the burden being on the OP to prove that a relationship is genuine.

We've just completed the process....together 10 years, married 5 & 2 kids. You still have to provide and upload all that boring evidence I'm afraid. I don't think it'll make much difference waiting as long as you have the evidence from the last 3 ( preferably 5 ) years. You only have to prove 3. If time is on your side and it makes no difference to you then you can wait. Watch out for visa price hikes though. They've been brutal the last couple of times.

Watch out for visa price hikes though. They've been brutal the last couple of times.

Good point.

I'm not sure this is exactly right.

 

If the OP applies not, the OP would have to prove de facto status prior to the marriage. That's a tough ask as the de facto criteria tend to be quite rigorously applied. There is a real risk of being granted only the temporary visa - which then would require a two year wait and the processing time before PR would be given. On the other hand, waiting until the 3rd anniversary and showing a marriage certificate would require a much lower level of evidence to be presented and would not necessarily need the evidence to be backdated all the way to the marriage because the marriage certificate is seen as such powerful evidence. Essentially, after the third anniversary (and provided the minimum information requirements have been complied with) the burden would be on DIBP to prove the marriage was not genuine, rather than the burden being on the OP to prove that a relationship is genuine.

The OP said he had been with his wife for 6 years, 5 of those de facto (and I figure some of those married). That should qualify him for partner visa PR afaik.

If he can prove the de facto time I can't see it being an issue. We proved our de facto time prior to our marriage when I applied for a partner visa. They require the same evidence to be supplied be you married or de facto. So we covered the entire timeframe we had declared and sent in supporting evidence etc as per the requirements.

There is a time frame to be met to gain PR from the off. With 5 years together, part de facto, part married I'd think the OP qualifies provided he can support that timeframe.

There is a time frame to be met to gain PR from the off. With 5 years together, part de facto, part married I'd think the OP qualifies provided he can support that timeframe.

Yes but... That would be at the discretion of the case officer who would be required to spot the connection and then rule in its favour. There's no formal appeals mechanism if a temporary visa were issued.

Yes but... That would be at the discretion of the case officer who would be required to spot the connection and then rule in its favour. There's no formal appeals mechanism if a temporary visa were issued.

Ah, the yes but. Of course sometimes it may happen PR isn't granted and its a temp visa to begin with. I've yet to read on here or anywhere else of someone who provides all the supporting evidence etc and who meets the timeframe and other requirements not gaining PR from the off and being told sorry, its a temp visa only. Of course, it may have happened and I've missed reading about it. However, the cases I've read about have been straight to PR if timeframe requirement etc all met and evidence provided to support this.

If there is solid supporting evidence for de facto time it should not be an issue. If they were living together, sharing a home, a life, the bills etc that is de facto. If they can provide the evidence being asked for, which is the same evidence required, married or not, good for them. Marriage is not the be all and end all, its a partner visa people apply for, not a spouse visa

All of us who applied for a partner visa had to declare when we met, when we became de facto and/or got married, supply our own supporting statements, stat decs from others and other supporting evidence. If you are declaring X amount of years as de facto before marrying, then hopefully you have the evidence to back this up, same as if you are applying after 3 years of marriage, you still have to provide evidence, a marriage certificate does not automatically just rubber stamp your visa. They want other evidence still.

The OP wants to lodge sooner rather than later but wants to gain PR from the off. If he can prove his de facto to meet the time frame they state for this then I don't see an issue. Lots of people who apply for partner visas gain PR from the off if they meet the requirements. Its not difficult to have the de facto evidence if you've lived together as a couple for a number of years (and prior to marrying). If you are one of the few who doesn't go on the lease, doesn't have a single bill to the same address or doesn't have a bank account etc, then yes, it would be difficult to prove. But if its all documented then you should be able to prove it.

I was granted my PR partner visa straight off. My wife and I married after making the application, but including the notification of the date of marriage with the application then uploading the marriage certificate once we were married.

Prior to the marriage we had been together in serious relationship for 4 years but never actually lived together in the way that the de facto rules are normally applied. That is we didn't set up a household in shared names etc. Our situation was that I retired in 2010 and my wife was being a bit nomadic using income from renting out her house to travel, spending time with me and visiting her family in her home country of Switzerland, and also spending part of the year back in Australia where I joined her several times.

We shared living costs but I paid for everything in £ and she paid for everything in $/€/CHF, keeping a tally of expenditure to make sure things evened out.

So while we spent the majority of the 4 or 5 years before marriage in a full and continuing relationship our first full setting up home together has been here in Australia back in my wife's house. This is something we decided that we wanted to commit to and our getting married was part of that commitment.

All this was explained in application along with emails and photos to support that we had been seen as a couple in UK, Switzerland and Australia, and outlining how we had built our relationship in multiple countries.

Every situation is different, and I wonder if 100 would have been granted straight off if I had not been seen to be self-supporting via my occupational pension, but my experience shows that with the right evidence that the relationship is deep and continuing but doesn't tick the normal boxes then it can still lead straight to PR.

I also wonder if there is an element of money saving on Immigrations part by allowing genuine strong relationships to go straight to PR, no extra fee for second stage but requires them to process the second stage application and evidence of those on provisional visas.

No I am in the UK, no visa at present. Wife is citizen married in Australia 2013 together for 6 years de facto for 5. Wanted to try and get pr from the go to avoid the faff of having to renew and speed up getting a passport.

If you can prove you were de facto for all that time, as well as the marriage for two years, you will get PR (100) at once.

You just need to show 3years in the relationship cohabiting/married to get PR without the provisional visa first.

The application is the same, but you will receive TWO grant emails, one for temp, followed by one for PR almost at once.

If you can prove you were de facto for all that time, as well as the marriage for two years, you will get PR (100) at once.

 

You just need to show 3years in the relationship cohabiting/married to get PR without the provisional visa first.

 

The application is the same, but you will receive TWO grant emails, one for temp, followed by one for PR almost at once.

From posts on this list I was expecting the 309 first, but the only email I got was the one granting the 100 straight off. So some inconsistency in how the grants are actually issued.

From posts on this list I was expecting the 309 first, but the only email I got was the one granting the 100 straight off. So some inconsistency in how the grants are actually issued.

I only ever got the one grant email for the 100. I was actually down for the 100 from the off according to my receipt for the visa charge and so on. No mention of the 309/100 or 309. I think my emails from CO had the same.

I think the 309 followed after by the 100 is a more recent thing. Or sometimes it seems the CO grants the 309 and forgets its the 100 and when asked about it, they grant the 100 straight away.

Thanks for all the replies, PR what I want form the off. Many of the jobs I might apply for require candidates with pr as they are linked to low classification defence items so this is a massive advantage.

We have old tenancy agreements, bills and and car insurance in oz from 2011 so I think defacto will be easy to prove, just all seems a faff!

understand about price hikes in the visa. TBH whilst its a pain I can see why aus would want to charge so much for many people its compulsory to pay it as you have to live in another country to avoid it. So all in all its probably only human rights conventions which stop it being tens of thousands of dollars like the parent one..