Mirko Bud Posted January 20, 2015 Share Posted January 20, 2015 So I have this other question for the expert on this forum. These are my circumstances in case I decide to move to Australia before my 5 years expire. Back in 2010.I was granted a 176 visa and I added a secondary applicant as a de facto partner, she was also granted the visa. We confirmed.the visa by going in Australia within 11 months. In 2012 we broke and since 2013 I have a new partner. Would we be able to request a partner visa (309 I think?) for my new partner under these circumstances? Does the previous secondary visa impact this? Thanks ! Link to comment Share on other sites More sharing options...
lebourvellec Posted January 20, 2015 Share Posted January 20, 2015 No the previous secondary applicant will have no impact on you applying for Partner visa, there is not limitations on sponsorship with including partners on skilled migration. But there are limitations to sponsorship for Partner visas. Would note that offshore partner visas take currently 10-14 months, and I read yesterday that someone who applied in Dec was told that it would likely be this dec before received visa grant Link to comment Share on other sites More sharing options...
Mirko Bud Posted January 20, 2015 Author Share Posted January 20, 2015 No the previous secondary applicant will have no impact on you applying for Partner visa, there is not limitations on sponsorship with including partners on skilled migration. But there are limitations to sponsorship for Partner visas. Would note that offshore partner visas take currently 10-14 months, and I read yesterday that someone who applied in Dec was told that it would likely be this dec before received visa grant Thanks for your swift answer! I am not quite sure I am understanding to be honest, as the answer seem contradicting, but maybe I am just missing something? Is there any limitation in sponsoring my current Partner given my circumstances, providing we meet the requirements for the 309 (or the 820 if we decide to do it from within Australia)? Thanks a lot! Link to comment Share on other sites More sharing options...
CollegeGirl Posted January 20, 2015 Share Posted January 20, 2015 A Partner Visa is subclass 309/100 or 820/801 (and depending on context sometimes include the PMV 300). Though you sponsored a partner on your previous visa, your previous visa was a skilled visa, and your partner was a secondary applicant on a skilled visa, NOT a partner visa applicant. You did not sponsor your previous partner on a Partner Visa (309/820), you sponsored her on a skilled visa. That's where your confusion ins coming from. Link to comment Share on other sites More sharing options...
CollegeGirl Posted January 20, 2015 Share Posted January 20, 2015 In other words - if you had brought your previous spouse over later on a 309/100 or 820/801 instead of including her on your 176, you would have been sponsoring her for a Partner Visa, and you would have to wait 5 years before sponsoring someone else on one. But since she was on your 176, there's no five-year limitation. Hopefully one of those two posts clears it up? Link to comment Share on other sites More sharing options...
Mirko Bud Posted January 20, 2015 Author Share Posted January 20, 2015 In other words - if you had brought your previous spouse over later on a 309/100 or 820/801 instead of including her on your 176, you would have been sponsoring her for a Partner Visa, and you would have to wait 5 years before sponsoring someone else on one. But since she was on your 176, there's no five-year limitation. Hopefully one of those two posts clears it up? It does indeed , thanks! Link to comment Share on other sites More sharing options...
Mirko Bud Posted January 20, 2015 Author Share Posted January 20, 2015 I have another question about the 309 and 820 Visas. In the immi website I can read the following requirement for the sponsor (me): If your sponsor is not an Australian citizen: evidence your sponsor usually lives in Australia, such as: evidence of ownership or rental of the house in which your sponsor lives utility accounts (electricity, gas, telephone) other bills for day-to-day living expenses. Which would not be the case I am currently not in Australia. So even though I am a permanent resident It seems I can't be a sponsor until I live there, am I right? Link to comment Share on other sites More sharing options...
CollegeGirl Posted January 22, 2015 Share Posted January 22, 2015 You might want to talk to a MARA-registered agent about the "usually resident" requirement for partner visa sponsors who are permanent residents. Sometimes it can be possible to prove you are "usually resident" if you have a lease in Australia, a job offer, etc. in hand, but it can take some finagling, and it may be necessary for you to move to Australia for a while first. A MARA agent can point you in the right direction. Link to comment Share on other sites More sharing options...
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