dotdotslash Posted February 3, 2016 Share Posted February 3, 2016 Hello I'm a 189 Visa holder with an activated visa with roughly 4.5 years remaining on the visa. I'd like to know what my options are for adding a partner to my visa? Is there a way to amend the visa or is 820/801 or 309/100 visas the only option? Is there any advantage/disadvantage to 820/801 vs 309/100 visa routes? Thanks Link to comment Share on other sites More sharing options...
lebourvellec Posted February 3, 2016 Share Posted February 3, 2016 Partner or PMV are your only options, you need to show that you have been in a defacto relationship for 12 months before applying for a partner visa, since you visa has not long been granted if you were in a defacto relationship before applying and didn't not state this on the application will be a problem. Link to comment Share on other sites More sharing options...
Guest Posted February 3, 2016 Share Posted February 3, 2016 One is an on shore visa application, the other off shore. Both have the same cost. The on shore is a longer processing time so this means 12-15 months probably spent on a bridging visa. Off shore is currently listed as 10-14 months processing time. They will require comprehensive documented evidence of the 12 months de facto. Link to comment Share on other sites More sharing options...
dotdotslash Posted February 4, 2016 Author Share Posted February 4, 2016 Thanks so much for the info. if you were in a defacto relationship before applying and didn't not state this on the application will be a problem. This won't be a problem. The grant happened before the relationship. The on shore is a longer processing time so this means 12-15 months probably spent on a bridging visa. You mean there is time on a bridging visa even before the 820 is granted? And the time would be spent on a bridging visa. So if my partner came over on a tourist visa, we would apply and then wait on a bridging visa before getting an 820? Are the bridging visas normally granted with or without work restrictions? Link to comment Share on other sites More sharing options...
Peachy Posted February 4, 2016 Share Posted February 4, 2016 Someone with more experience will be able to confirm but wouldn't have thought your partner can come overon tourist visa as she isn't planning on being a tourist and doesn't intend to go home at thr end of the visa term. Link to comment Share on other sites More sharing options...
Guest Posted February 4, 2016 Share Posted February 4, 2016 Someone with more experience will be able to confirm but wouldn't have thought your partner can come overon tourist visa as she isn't planning on being a tourist and doesn't intend to go home at thr end of the visa term. Lots of people come over on a tourist visa and apply on shore for a partner visa. So long as there is not a no further stay condition on the tourist visa, then there would be an issue. Link to comment Share on other sites More sharing options...
Guest Posted February 4, 2016 Share Posted February 4, 2016 You mean there is time on a bridging visa even before the 820 is granted? And the time would be spent on a bridging visa. So if my partner came over on a tourist visa, we would apply and then wait on a bridging visa before getting an 820? Are the bridging visas normally granted with or without work restrictions? Applying for an 820 would mean an on shore processing time of 12-15 months once lodged. This would not kick in till the current tourist visa ends, so say 3 months assuming that is the one entered on. Once the other visa runs out, your partner would then go onto a bridging visa with work rights and would remain on this till the grant decision many months later. It can be a stumbling block securing work on a bridging visa for some people. All up it could be a year and a half before a temporary partner visa is granted. Also, unless you meet the de facto (not boyfriend/girlfriend or dating as that does not count, but proper de facto) requirements at time of lodging, you run a very high risk of not getting a grant. Ensure you can prove a full year de facto before you even think about travelling to Aus to lodge an application. If you can't prove de facto (and they are strict) you will have wasted $6800 or so. Full evidence for the 12 months prior to lodging will be expected. By this they want solid documented evidence of your life as a couple and other things. Link to comment Share on other sites More sharing options...
Isabelj28 Posted February 4, 2016 Share Posted February 4, 2016 Applying for an 820 would mean an on shore processing time of 12-15 months once lodged. This would not kick in till the current tourist visa ends, so say 3 months assuming that is the one entered on. Once the other visa runs out, your partner would then go onto a bridging visa with work rights and would remain on this till the grant decision many months later. It can be a stumbling block securing work on a bridging visa for some people. All up it could be a year and a half before a temporary partner visa is granted. Also, unless you meet the de facto (not boyfriend/girlfriend or dating as that does not count, but proper de facto) requirements at time of lodging, you run a very high risk of not getting a grant. Ensure you can prove a full year de facto before you even think about travelling to Aus to lodge an application. If you can't prove de facto (and they are strict) you will have wasted $6800 or so. Full evidence for the 12 months prior to lodging will be expected. By this they want solid documented evidence of your life as a couple and other things. just working through the OPs timeframes, I think they would struggle to demonstrate this just now. Because in the first post it says that there is 4.5 years left on the visa. With the 5 year expiry if that visa it would indicate that the visa was granted approximately 6 months ago, yet in a later post it says that the grant happened before the relationship, which suggest the relationship is less than 6 months old. Therefore might be better to wait until the relationship is more established before you apply for the visa. Link to comment Share on other sites More sharing options...
Nemesis Posted February 4, 2016 Share Posted February 4, 2016 Applying for an 820 would mean an on shore processing time of 12-15 months once lodged. This would not kick in till the current tourist visa ends, so say 3 months assuming that is the one entered on. Once the other visa runs out, your partner would then go onto a bridging visa with work rights and would remain on this till the grant decision many months later. It can be a stumbling block securing work on a bridging visa for some people. All up it could be a year and a half before a temporary partner visa is granted. Also, unless you meet the de facto (not boyfriend/girlfriend or dating as that does not count, but proper de facto) requirements at time of lodging, you run a very high risk of not getting a grant. Ensure you can prove a full year de facto before you even think about travelling to Aus to lodge an application. If you can't prove de facto (and they are strict) you will have wasted $6800 or so. Full evidence for the 12 months prior to lodging will be expected. By this they want solid documented evidence of your life as a couple and other things. Bear in mind that the 12-15 months is just for the Temporary Visa - current timelines are at least another 12-18 months once the PR paperwork is subitted. Its a very long process these days. Link to comment Share on other sites More sharing options...
dotdotslash Posted February 5, 2016 Author Share Posted February 5, 2016 Thanks again. You are all so helpful. I think I muddled the details of the timelines. There is more like 3.5 years left. Here is the timeline for clarification. 189 Visa Granted - Aug 2014 189 Visa Expires - Aug 2019 You are correct, it is a relatively 'young' relationship, but it is a serious one. We've lived together for over a year and plan to buy a house together, marry, children etc. The timelines for the Partner Visa do look very long, but the wait will hopefully be worth it. We shouldn't need any of the state benefits that come with the visa, as long as my partner can work we will be fine. Once the other visa runs out, your partner would then go onto a bridging visa with work rights and would remain on this till the grant decision many months later. This sounds like it would work for us. Is it standard for the bridging visa to be granted with work rights? Ensure you can prove a full year de facto before you even think about travelling to Aus to lodge an application. This seems like it is the most stressful part that requires the most work. Getting all the paperwork and evidence in place. We will make sure we get this right. I see the guidance on the immigration site, is there any other useful posts on this forum or elsewhere that you'd recommend to help prepare the de-facto evidence? Link to comment Share on other sites More sharing options...
Guest Posted February 5, 2016 Share Posted February 5, 2016 What country are you residing in together? Depending on where you are living, I can find you the right link to the closest country that deals with the off shore partner visa application. Link to comment Share on other sites More sharing options...
dotdotslash Posted February 5, 2016 Author Share Posted February 5, 2016 We live in the UK while we work this out, but can make an onshore or offshore application if it makes sense. Link to comment Share on other sites More sharing options...
Guest Posted February 5, 2016 Share Posted February 5, 2016 We live in the UK while we work this out, but can make an onshore or offshore application if it makes sense. This is the best info to read for UK applications http://uk.embassy.gov.au/lhlh/immi_partner.html You can submit via post still but most lodge online. The online account immi stuff is via the Aus immi site. But the info for the partner visa is at the end of the link. And all the info re everything to do with it is there. Personally if you can, I'd lodge off shore. Mainly as a bridging visa isn't ideal to be on and it can be hard to secure work on it, even on a temp visa it can be a struggle for people. If you lodge onshore, you need to refer to the immi site and all the info there. On shore processing is a long time, 12-15 months for the initial visa. Thats a long time to be stuck on a bridging visa IMHO. Link to comment Share on other sites More sharing options...
dotdotslash Posted February 5, 2016 Author Share Posted February 5, 2016 Great! Thanks again. Is it not an issue to apply offshore, since I won't be 'resident in Australia'? I've got and activated the 189 visa, but I still need to be resident to keep it going so I can extend it later or apply for citizenship later. Link to comment Share on other sites More sharing options...
dotdotslash Posted February 6, 2016 Author Share Posted February 6, 2016 Great! Thanks again. Is it not an issue to apply offshore, since I won't be 'resident in Australia'? I've got and activated the 189 visa, but I still need to be resident to keep it going so I can extend it later or apply for citizenship later. Any input on this? Or would it be better to start another thread? Link to comment Share on other sites More sharing options...
Nemesis Posted February 6, 2016 Share Posted February 6, 2016 Any input on this? Or would it be better to start another thread? No, you've a permanent resident visa, thats what matters. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted February 6, 2016 Share Posted February 6, 2016 If you are hold PR and are sponsoring while you are living overseas, you need to satisfy the "usually resident" criteria. You may be wise to speak with a migration agent on how to satisfy this criteria. Link to comment Share on other sites More sharing options...
dotdotslash Posted February 6, 2016 Author Share Posted February 6, 2016 No, you've a permanent resident visa, thats what matters. Thanks. I was worried about this part in the guidance notes. Particularly the last sentence. If you wish to sponsor the visa applicant as your fiancé(e) or partner, you must: • be an Australian citizen, Australian permanent resident or eligible New Zealand citizen; but • not be the holder of a Woman at Risk visa (subclass 204) that has been granted in the past 5 years and now wishes to sponsor their partner or former partner that they had at the time of visa grant; and • not be subject to any of the sponsorship limitations described on the following page. If you are an Australian permanent resident or eligible New Zealand citizen, you are required to be usually resident in Australia. Link to comment Share on other sites More sharing options...
rammygirl Posted February 7, 2016 Share Posted February 7, 2016 People do this all the time. You will need to show your intention to move to Australia once your partner has a visa and can accompany you. Otherwise what would be the pint of an offshore application? Im sure someone who has done this will be along to help soon. Link to comment Share on other sites More sharing options...
dotdotslash Posted February 8, 2016 Author Share Posted February 8, 2016 People do this all the time. You will need to show your intention to move to Australia once your partner has a visa and can accompany you. Otherwise what would be the pint of an offshore application? Im sure someone who has done this will be along to help soon. Yes, I guess it's true. I guess if I can show I have the greatest intention to move to Australia once the visa is granted, then we should be fine. I guess the fact we've visited Australia a number of times and I've opened a bank account here would be a good start. Link to comment Share on other sites More sharing options...
dotdotslash Posted February 19, 2016 Author Share Posted February 19, 2016 I've just had another thought about this. What are the options for re-applying for a 189 (assuming I still qualify with enough points of course), but this time including the partner on the visa? Of course we will still have to do the defacto application, but perhaps it will be a better option for us. Any thoughts appreciated. Link to comment Share on other sites More sharing options...
lebourvellec Posted February 19, 2016 Share Posted February 19, 2016 You will still need to show 12 months defacto evidence and both have to go through medicals etc. I've seen people with 190 or 489 visas re-applying for the 189, it's a bit odd when you can just apply for PMV or partner visa. Link to comment Share on other sites More sharing options...
dotdotslash Posted February 27, 2016 Author Share Posted February 27, 2016 You will still need to show 12 months defacto evidence and both have to go through medicals etc. I've seen people with 190 or 489 visas re-applying for the 189, it's a bit odd when you can just apply for PMV or partner visa. True. I guess it doesn't make sense, sine the defacto stuff is required either way. Thanks. Link to comment Share on other sites More sharing options...
dotdotslash Posted September 12, 2016 Author Share Posted September 12, 2016 Hi All, Some time has now passed since I first posted this Thread. My Partner and I are still very much looking into our options about how to move to Australia with my 189 Visa and a new Partner Visa for my partner. (If there is somebody that could update the title to reflect my question a bit better that would be great. 'Options for defacto Partner Visa with my 189 Visa). We decided to stay in the UK for a bit to build up more evidence of our lives together. Longer time on our join account, bought a flat together etc. We now have about 12 months hard evidence, but the more evidence and time we have together, the better our case would be I imagine. Now the thing is we are to decide if we should apply offshore or onshore before I no longer have enough time on 189 to extend it / move to Residents Return Visa to stay in Aus. Is the situation still the same that we could apply onshore and wait for the 820? What are the waiting times for onshore vs offshore? Still the same? Right now, we are thinking of building more evidence and moving to Aus at the end of May 2017 when I would have 2 years remaining on my 189 so I can extend it. Does this seem like it could work? Link to comment Share on other sites More sharing options...
Guest Posted September 12, 2016 Share Posted September 12, 2016 Now the thing is we are to decide if we should apply offshore or onshore before I no longer have enough time on 189 to extend it / move to Residents Return Visa to stay in Aus. Is the situation still the same that we could apply onshore and wait for the 820? What are the waiting times for onshore vs offshore? Still the same? Right now, we are thinking of building more evidence and moving to Aus at the end of May 2017 when I would have 2 years remaining on my 189 so I can extend it. Does this seem like it could work? If you will have the 12 months de facto when you apply, you can apply on shore or off shore. Both cost the same. Off shore is officially running at 10-14 months but some are coming through in shorter time frames. However, don't expect or bank on this to be your case. Plenty of people are still waiting 10 months or more. On shore would see an application lodged once there (I guess while on a tourist visa?). Once lodged and other visa expires then the applicant would go onto a bridging visa with full work rights. On shore is 12 months plus but you'd be in Aus and your partner able to seek work. Some people do find it hard to secure work on the bridging visa but that is not the case for everyone. So be prepared for this. Link to comment Share on other sites More sharing options...
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