Juliep Posted March 2, 2014 Share Posted March 2, 2014 hi my daughter got PR on my visa as a dependant child and she is due to marry in july this year, we live in UK at moment but plan going back to oz at the end of the year with her new husband my question is will he have to pay for his partner visa as my daughter was a dependant child on my visa ? thanks Quote Link to comment Share on other sites More sharing options...
Sammy1 Posted March 2, 2014 Share Posted March 2, 2014 (edited) He and your daughter would have to apply for a partner visa and pay for it because he does not hold a valid visa of his own. It makes no difference that your daughter got PR through being a dependent. If she has PR then her husband can apply as her partner. However,one issue for your daughter may be how long you have been back in the UK and if residence was ever taken up in Australia etc. Edited March 2, 2014 by Sammy1 Quote Link to comment Share on other sites More sharing options...
Juliep Posted March 2, 2014 Author Share Posted March 2, 2014 [h=3]Partner Migration[/h][h=4]Applicant outside Australia[/h]All charges shown below are in Australian Dollars (AUD). [TABLE=class: tableborder smaller_font] [TR] [TH]Visa Subclass[/TH] [TH]See Note[/TH] [TH]Base Application Charge[/TH] [TH]Non- internet Application Charge[/TH] [TH]Additional Applicant Charge 18 and over[/TH] [TH]Additional Applicant Charge under 18[/TH] [/TR] [TR] [TD]Partner (Subclass 309/100)[/TD] [TD]17a[/TD] [TD]$3085[/TD] [TD]N/A[/TD] [TD]$1545[/TD] [TD]$770[/TD] [/TR] [TR] [TD]Prospective Marriage (Subclass 300)[/TD] [TD]-[/TD] [TD]$3085[/TD] [TD]N/A[/TD] [TD]$1545[/TD] [TD]$770[/TD] [/TR] [/TABLE] 17a People who apply for a Partner visa and who hold a Dependent Child visa (Subclass 445) are eligible for a nil Visa Application Charge. Quote Link to comment Share on other sites More sharing options...
Sammy1 Posted March 2, 2014 Share Posted March 2, 2014 (edited) Partner Migration Applicant outside Australia All charges shown below are in Australian Dollars (AUD). [TABLE=class: tableborder smaller_font] [TR] [TH]Visa Subclass[/TH] [TH]See Note[/TH] [TH]Base Application Charge[/TH] [TH]Non- internet Application Charge[/TH] [TH]Additional Applicant Charge 18 and over[/TH] [TH]Additional Applicant Charge under 18[/TH] [/TR] [TR] [TD]Partner (Subclass 309/100)[/TD] [TD]17a[/TD] [TD]$3085[/TD] [TD]N/A[/TD] [TD]$1545[/TD] [TD]$770[/TD] [/TR] [TR] [TD]Prospective Marriage (Subclass 300)[/TD] [TD]-[/TD] [TD]$3085[/TD] [TD]N/A[/TD] [TD]$1545[/TD] [TD]$770[/TD] [/TR] [/TABLE] 17a People who apply for a Partner visa and who hold a Dependent Child visa (Subclass 445) are eligible for a nil Visa Application Charge. Oh, ok. I guess you knew the answer to your own question then? The 445 is a temporary visa though. Does your daughter have a permanent visa now? I was wrong perhaps, although it would not be your daughter applying for a partner visa, it would your son in law. Very strange if they get to apply for a visa for free....I still think he would have to pay. Anyway, somebody will come along, a migration agent hopefully, who will give you precise information - which I am also interested to know. Edited March 2, 2014 by Sammy1 Quote Link to comment Share on other sites More sharing options...
Juliep Posted March 2, 2014 Author Share Posted March 2, 2014 no I didn't know the answer that's why am asking lol I wanted to make sure Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted March 2, 2014 Share Posted March 2, 2014 (edited) A PR can't sponsor a partner until the PR is resident in Australia. If your daughter wants her husband to come to Australia with her, he will have to come on some other visa and then apply for an onshore Partner visa after she has established residence here. The cost of an onshore Partner visa is $4575 and they are currently taking 13+ months to be processed. If he applies for an onshore Partner visa, he will be granted a Bridging visa that will take effect when his entry visa expires and which will allow him to stay in Australia (with unrestricted work rights) until a decision is reached on his Partner visa application. Edited March 2, 2014 by Ozmaniac Quote Link to comment Share on other sites More sharing options...
Juliep Posted March 2, 2014 Author Share Posted March 2, 2014 on the pricing web site it says the same as above for on shore partner visa Quote Link to comment Share on other sites More sharing options...
Juliep Posted March 2, 2014 Author Share Posted March 2, 2014 [h=4]Applicant in Australia[/h]All charges shown below are in Australian Dollars (AUD). [TABLE=class: tableborder smaller_font] [TR] [TH]Visa Subclass[/TH] [TH]See Note[/TH] [TH]Base Application Charge[/TH] [TH]Non- internet Application Charge[/TH] [TH]Additional Applicant Charge 18 and over[/TH] [TH]Additional Applicant Charge under 18[/TH] [/TR] [TR] [TD]Partner (Subclass 820/801)[/TD] [TD]17b[/TD] [TD]$4575[/TD] [TD]N/A[/TD] [TD]$2290[/TD] [TD]$1145[/TD] [/TR] [TR] [TD]Partner (Subclass 820/801) visa application by Prospective Marriage (Subclass 300) visa holder[/TD] [TD]-[/TD] [TD]$1145[/TD] [TD]N/A[/TD] [TD]$575[/TD] [TD]$285[/TD] [/TR] [TR] [TD]Partner (Subclass 820/801) visa application by: former Prospective Marriage (Subclass 300) visa holder or the equivalent which existed under the 1989 or 1993 Migration Regulations and person who entered Australia before 19 December 1989, was engaged to an Australian citizen or permanent resident at that time and subsequently married that person. [/TD] [TD]17b[/TD] [TD]$1450[/TD] [TD]N/A[/TD] [TD]$725[/TD] [TD]$365[/TD] [/TR] [TR] [TD]Partner (Subclass 820/801) visa application by a spouse with transitional Extended Eligibility Temporary Visa (EETV)[/TD] [TD]17b[/TD] [TD]$410[/TD] [TD]N/A[/TD] [TD]$205[/TD] [TD]$105[/TD] [/TR] [/TABLE] 17b People who apply for a Partner visa and who hold a Dependent Child visa (Subclass 445) are eligible for a nil Visa Application Charge. Quote Link to comment Share on other sites More sharing options...
MovingtoTasmania Posted March 2, 2014 Share Posted March 2, 2014 I read that as meaning that anyone currently holding a Dependent Child Visa and then marrying as Aus, can apply for a Partner Visa free of charge. Perhaps ask a migration agent for advice on this matter. Quote Link to comment Share on other sites More sharing options...
Juliep Posted March 2, 2014 Author Share Posted March 2, 2014 I think I will need to im confused Quote Link to comment Share on other sites More sharing options...
MovingtoTasmania Posted March 2, 2014 Share Posted March 2, 2014 http://www.immi.gov.au/Visas/Pages/445.aspx Having read the Visa pages, the nil charge does appear to a Dependent Child holder applying for permanent Partner visa. Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted March 2, 2014 Share Posted March 2, 2014 Forget about the 445 visa - this does not apply to your situation. A Dependent Child visa (subclass 445) is a temporary visa for the child of a parent who holds a temporary Partner visa that does not already include the child. Your daughter's new husband will need to apply for the Partner visa, with your daughter as the sponsor. http://www.immi.gov.au/allforms/booklets/1127.pdf Quote Link to comment Share on other sites More sharing options...
Mark 1234 Posted March 2, 2014 Share Posted March 2, 2014 At the end of the day, it's not your daughter applying for the partner visa, but her husband. So the full fee will be payable; plus medical, PCC etc etc. Being a 'new husband', there will also be a lot of evidence required to prove their relationship is genuine. Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted March 3, 2014 Share Posted March 3, 2014 The nil pricing for a Partner visa only applies if the applicant for the visa hold a temporary 445 Dependent Child visa. Your daughter wouldn't be the applicant for the Partner visa; the applicant would be her husband (she is the sponsor and that's not the same thing). Even if that isn't what "17b People who apply for a Partner visa and who hold a Dependent Child visa (Subclass 445) are eligible for a nil Visa Application Charge" means, you've told us that she has PR yet a 445 is a temporary visa. If she has PR, she wouldn't still be eligible. Sounds like you should consult a good RMA for clarification though to me, it seems pretty clear that they will need to pay for a Partner visa. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted March 3, 2014 Share Posted March 3, 2014 To clarify - what visa does your daughter hold? If you have PR status and your daughter was included in your application, then she would also have PR status. As such, she should be able to sponsor her husband. He would have to pay the normal partner visa application fee. Quote Link to comment Share on other sites More sharing options...
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