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bobby122

WHV or straight to Partner visa

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Hi, I have been living with my partner since Sept 13 in the UK (he is dual Aus/UK citizen). Next month he has to move back to Australia at short notice for a job. I cannot leave UK to about June due to commitments here. I am planning on entering Aus on WHV then applying for partner visa when i get there. Or is there any overwhelming reason why we should just apply for partner visa now while I'm still in UK? (apart from it being cheaper offshore)

 

Thanks


Offshore partner visa (309/100) Submitted online 27/12/14

CO assigned 16/1/15

UK police check 1/5/15 - Medical 5/5/15 - USA FBI check 13/10/15

309 granted 3/2/16!

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I'm not sure on the exact details, but if you apply for partner visa from the UK, it will take approx. 12 months to be processed. What I'm not sure on, is if you can be on a WHV and apply for an onshore partner visa at the same time. Hopefully someone else will come along and offer some better advice!


309/100 visa application lodged 28/08/13 | Visa sub-class 309 granted 09/05/14 | Arrived NSW 27/05/15 | 100 (PR) visa application lodged 27/09/15 | PR granted 13/04/16 | Citizenship application lodged 18/06/19

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If you're applying on the basis of de facto relationship, DIBP will look at your relationship evidence for the 12 months immediately preceding your application. Any time apart should be temporary, and 6 months apart may be harder to cover. If you can apply now, it'll give you a good head-start on processing and you can join your partner in June as planned on a WHV. You can expect your partner visa would be approved before the WHV expires.

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Thanks guys. I wasn't sure if entering on a WHV would be detrimental to a future partner application as its a temporary option. Also, if I applied now in the uk for partner visa then entered on a WHV in the meantime, would I have to leave when the partner was granted and re-enter (as I applied offshore?)

 

Or could I just wait til the WHV was nearing expiration before putting in the partner visa application and getting a bridging visa? That way we wouldn't have been living apart so long in the 12 months prior to the application. Its all very confusing!


Offshore partner visa (309/100) Submitted online 27/12/14

CO assigned 16/1/15

UK police check 1/5/15 - Medical 5/5/15 - USA FBI check 13/10/15

309 granted 3/2/16!

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There's really not a huge amount of difference between your alternatives.

 

1. You can apply now for an offshore visa, then go to Australian on a WHV while it's processed. Processing will take 12-14 months. Upsides - you apply while there has been no separation and it's cheaper. Downside - you will have to keep your CO informed regarding your location and will need to leave Australia for the grant (though only for a few days).

 

2. You can come to Australia on a WHV and apply at any time after you arrive. Getting a WHV won't be detrimental to your Partner visa application; heaps of people do it that way. Upside - you get a Bridging visa that becomes effective when your WHV expires (though you'll probably have the Partner visa by then). Downside - it's more expensive for an onshore application. I doubt if the 6 month separation before the Partner visas application will be a problem as long as you continue with your joint commitments etc but it does add a complication.

 

On balance, I think I'd go for option 1 but there's not much in it.

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Thank you for the advice!


Offshore partner visa (309/100) Submitted online 27/12/14

CO assigned 16/1/15

UK police check 1/5/15 - Medical 5/5/15 - USA FBI check 13/10/15

309 granted 3/2/16!

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I would take professional advice. On the one hand, with the WHV first you'd have to explain away several months of separation; on the other hand, with an offshore partner visa you'd have to notify DIBP of changed circumstances when you live apart. My understanding of de facto visas is that circumstances such as yours can be explained but you have to get the explanation exactly right for it to work.


Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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Given the huge increase in fees just announced for applications from 1 Jan I would be trying to apply sooner rather than later.

 

If you are apart, so long as you maintain your "defacto relationship" (defacto as defined by IMMI - so not just keeping records of your communication), you will have no issues - plenty of people remain apart during processing.

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Hi engaus, what will the new fees be? This could have a bearing on the decision! :err:

 

Never mind - found it :( As if the the whole thing wasn't expensive enough!

 

How realistic is it to be able to do a whole application between now and the end of the month?

Edited by bobby122

Offshore partner visa (309/100) Submitted online 27/12/14

CO assigned 16/1/15

UK police check 1/5/15 - Medical 5/5/15 - USA FBI check 13/10/15

309 granted 3/2/16!

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Technically you need to simply complete the online application, click submit and pay before the end of the month to take advantage of the lower fees. You can then take some time to upload all your supporting evidence. But obviously it'd be a good idea to make sure you are comfortable that you have enough evidence before you commit to paying the visa fee.

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You could do it certainly. As MaggieMay says you need to complete the online forms and then pay for the visa - you could do this over a weekend. Once you pay you have to upload your evidence. You could spend a few weeks uploading all of this. So long as you pay prior to 1 Jan you will take advantage of the lower price.

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So now it's apply now offshore straight away at a cost of $3000, or my other choice was waiting til WHV was nearing ending and applying for partner visa on shore (which would now cost $6700 at the time!) I think the decision has been made really.

 

Thank you


Offshore partner visa (309/100) Submitted online 27/12/14

CO assigned 16/1/15

UK police check 1/5/15 - Medical 5/5/15 - USA FBI check 13/10/15

309 granted 3/2/16!

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Hi guys, just a quick update for anyone who is remotely interested.

 

I submitted my online application for 309 partner visa yesterday and paid the fee. Some general musings:

 

Dont particularly like the online system, had 'system unavailable' a lot and didnt like you couldn't save a page and come back to it or move to next question without scrolling through dozens of pages to get back to where you were! Found a lot of the questions repetitive and slightly tedious! (dates of all travel in last 10 years, step siblings details etc)

 

I couldn't find a definitive answer to if I should also fill in and upload 40sp and 47sp, as they are exactly the same as the online application, but as they are listed on the document checklist online we have filled them in anyway.

 

My status is 'in progress' now and my sponsor has lodged his application on my immiaccount. When can I expect another correspondance?

 

Been gathering evidence since my original post, we don't have joint finances/bank accounts etc so just tried to explain things in the essay boxes. I am a bit nervous about lack of evidence but I've read a lot of similar situations on here, I am just gathering every little piece I can find, arranging stat decs etc.

 

One last thing I am worried about, sponsors current address is here in the UK, as he isn't going back to Australia for another 2 weeks. I have a copy of his contract for the new job in Tasmania showing salary and location so hopefully that will explain.

 

Think I am worrying unduly, but is a huge step isn't it

 

Bob

Edited by bobby122

Offshore partner visa (309/100) Submitted online 27/12/14

CO assigned 16/1/15

UK police check 1/5/15 - Medical 5/5/15 - USA FBI check 13/10/15

309 granted 3/2/16!

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What do you mean you don't have joint finances? You need joint finances..you don't have to have joint bank accounts but you need to have evidence that you have combined finances..

 

Id say there is a lot of people using the online system to apply before 1 jan so there will be increased pressure on the system.

 

your visa status will say "processing" until a decision has been made on your visa.

 

Most people load form 40sp and 47sp, my partner and I didn't and the visa was granted but we applied when the online system had just been launched.

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Yes just meant we don't have a joint account/joint mortgage etc. Bills are in both our names, direct debits come from my account but he transfers money to me so will provide bank statements showing this


Offshore partner visa (309/100) Submitted online 27/12/14

CO assigned 16/1/15

UK police check 1/5/15 - Medical 5/5/15 - USA FBI check 13/10/15

309 granted 3/2/16!

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I came in on a WHV so I could live with my partner and just before it expired applied for the onshore de facto visa. I'm awaiting the outcome but am here on a bridging visa and can work and study without restrictions.


Arrived in Australia on a working holiday visa 10/08/13 (to live with my partner), applied for De Facto Partner Visa 820/801 and granted bridging visa 09/07/14, last documents uploaded 22/12/14, contacted 09/07/15 by immigration and asked to have my medical done, medical completed 20/07/15, uploaded 27/07/15 and temporary partner visa (820) issued 27/07/15 :smile:

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... Been gathering evidence since my original post, we don't have joint finances/bank accounts etc ...

 

If you are / have been living with your partner, you DO have joint finances, you just may not realise it ;)

 

Anything you have paid on behalf of your partner, or for your home, that shows on a bank statement, is a joint finance.

 

ie, if you paid for dinner the other night, transferred some money to your partner to cover a new item for the home, booked flights, hotels, car hire, paid for a plumber - and vice versa for your partner. Print out your bank statements for the year [or however long you've lived together], black out any bits you don't want Immigration to see, and then mark the things you have paid for, on behalf of the house, your partner, both of you. Scan it, upload it and then refer to the bank statements in your "proof of joint finances" section.

 

My partner and I don't have joint accounts, probably never will - can't see any need for it. So it's not just about that.

 

Hope this helps!

 

<stay cool> :cool:


309/100 visa application lodged 28/08/13 | Visa sub-class 309 granted 09/05/14 | Arrived NSW 27/05/15 | 100 (PR) visa application lodged 27/09/15 | PR granted 13/04/16 | Citizenship application lodged 18/06/19

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