queenb72 Posted March 2, 2016 Share Posted March 2, 2016 Hi everyone I am currently in UK living with my Australian wife. We have been together for over 4 years and married for two. I should point out we are in a gay relationship. Now my wife is very home sick so we are planning to move to Oz in 2017 but the visa is getting us very confused. As Australia does not recognise gay marriage yet we are looking at the partner 309/100 visa but we thought we could apply within Australia but it states you must apply outside. Is this the right visa as I want to work in Australia. Has anyone else been in this situation? Any advice would be greatfully received. Link to comment Share on other sites More sharing options...
boganbear Posted March 2, 2016 Share Posted March 2, 2016 I think you can go to Oz and apply internally and I think other members have done it. However there are risks. The visa may be refused for a variety of reasons, and you may not get work rights straight away or employers may not employ you. I had a lot of trouble in my frost 2 years getting permanent work as many employers thought it was a temporary visa which it is not. I think it costs more applying from Australia and depending on how you see it, it seems like you are jumping the queue. If you apply asap it should be just a formality but applications are taking a lot longer than in the past. If you apply from the Uk you can leave knowing everything is in order before you go Link to comment Share on other sites More sharing options...
Marisawright Posted March 2, 2016 Share Posted March 2, 2016 I am currently in UK living with my Australian wife. We have been together for over 4 years and married for two. I should point out we are in a gay relationship. Now my wife is very home sick so we are planning to move to Oz in 2017 but the visa is getting us very confused. As Australia does not recognise gay marriage yet we are looking at the partner 309/100 visa but we thought we could apply within Australia but it states you must apply outside. Is this the right visa as I want to work in Australia. . Yes the de facto is what you want. It basically recognizes civil partnerships of any sex. You can apply within Australia but you are supposed to apply from outside, and the process is faster if you apply outside. Also, of course, you can go on living your normal life in the UK while you wait for the grant - whereas if you go to Australia on a tourist visa and then apply, you'll be very restricted while you're on a bridging visa. Link to comment Share on other sites More sharing options...
rammygirl Posted March 2, 2016 Share Posted March 2, 2016 If you are not planning to move until 2017 then apply now. If you have evidence for over three years together you will get PR straight away. Sooner you apply the sooner it will be granted. Link to comment Share on other sites More sharing options...
AMBTS16 Posted March 2, 2016 Share Posted March 2, 2016 Hi I applied for my defaco visa in November 2015 we have been together for 15 years but have not married, but plan too once Australia recognise it. Our visa is a 309/100. Everything is in, had my medical last week and just waiting for my police check certificate which is the final piece we need. All I can say is make sure you have your relationship financially documented as this is were we had some problems and I am applying from the UK. Cheers Link to comment Share on other sites More sharing options...
Guest Posted March 3, 2016 Share Posted March 3, 2016 Its the same visa regardless of if you are married or defacto. Off shore would be good. Get the ball rolling now and apply soon and it should be granted by the time you plan to move in 2017. You'll have full wotk rights on it and hopefully go straight to PR if you can prove de facto starting 4 years ago. Drop me a PM if you want to ask about partner visa stuff. Also have a read of our partner visa thread as it has lots of info. Your marriage, afaik won't be recognised in Aus. Link to comment Share on other sites More sharing options...
Nemesis Posted March 3, 2016 Share Posted March 3, 2016 I think you can go to Oz and apply internally and I think other members have done it. However there are risks. The visa may be refused for a variety of reasons, and you may not get work rights straight away or employers may not employ you. I had a lot of trouble in my frost 2 years getting permanent work as many employers thought it was a temporary visa which it is not. I think it costs more applying from Australia and depending on how you see it, it seems like you are jumping the queue. If you apply asap it should be just a formality but applications are taking a lot longer than in the past. If you apply from the Uk you can leave knowing everything is in order before you go Costs the same now whether onshore or offshore. Link to comment Share on other sites More sharing options...
Nemesis Posted March 3, 2016 Share Posted March 3, 2016 Hi everyone I am currently in UK living with my Australian wife. We have been together for over 4 years and married for two. I should point out we are in a gay relationship. Now my wife is very home sick so we are planning to move to Oz in 2017 but the visa is getting us very confused. As Australia does not recognise gay marriage yet we are looking at the partner 309/100 visa but we thought we could apply within Australia but it states you must apply outside. Is this the right visa as I want to work in Australia. Has anyone else been in this situation? Any advice would be greatfully received. If you were to apply onshore its the same visa, just a different number 820/801 instead of 309/100 Link to comment Share on other sites More sharing options...
Guest Posted March 3, 2016 Share Posted March 3, 2016 If you were to apply onshore its the same visa, just a different number 820/801 instead of 309/100 Keep in mind that the bridging visa you would be on if applying on shore can make seeking employment difficult as some employers want to see PR or don't understand the partner visa is an ongoing from temp to PR. Some find work fine, others can struggle and the bridging visa or temp visa aspect can be the cause of this, or at least a part of it. Or don't like the bridging visa aspect. If you are not going to 2017 I'd apply off shore so its all in place and granted before you depart the UK. Current off shore time from the UK is 10-14 months, though grants are coming through a bit quicker atm. This is not certain to continue and could go back to taking the 10 months or a bit more. Link to comment Share on other sites More sharing options...
queenb72 Posted March 8, 2016 Author Share Posted March 8, 2016 Thank you all so much for your comments and information. My wife has asked if as she would be my sponsor what requirements does that entail? She is concerned as she will be with me coming from the UK that she won't be working straight away and won't have a job lined up that this will affect the visa application? if anyone needs help with Australian type thingos my wife is more than willing to advise X Link to comment Share on other sites More sharing options...
AMBTS16 Posted March 8, 2016 Share Posted March 8, 2016 Hi my partner is my sponsor she had to complete a form don't have the number to hand right now. She just wants to go home so we can start again out there and at the moment she does not have a job lined up, neither do I! Cheers Link to comment Share on other sites More sharing options...
Nemesis Posted March 8, 2016 Share Posted March 8, 2016 Thank you all so much for your comments and information. My wife has asked if as she would be my sponsor what requirements does that entail? She is concerned as she will be with me coming from the UK that she won't be working straight away and won't have a job lined up that this will affect the visa application? if anyone needs help with Australian type thingos my wife is more than willing to advise X Won't affect the visa at all, many couples move over together with no jobs to go to. Link to comment Share on other sites More sharing options...
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