309 Visa

[unzippy]

Hello

 

My Wife (Aus) and I (UK) are looking to move to Melbourne Oct/Nov 2017

 

I have a few questions if I may?

 

Wife is in the process of gaining British Citizenship. She will be getting a UK Passport but hasn't got one now. Should I wait to fill in the the 309 form with her new passport number or get on it now and fill in without her UK passport number?

 

In terms of time scales, how long do things last?

 

Given we want to fly Oct/Nov 2017:

 

When to submit paper work - how long is the visa valid for once you have it - when do you need to get to the country by?

When to get medical and police checks - how long are they valid for once you have them?

 

I'm sure there will be more questions as things progress!

Many thanks.

[Guest]

Deleted content.

[unzippy]

Thanks for the reply.

Wife currently has Indefinite Leave to Remain on her Aus passport. We are getting the passport as indefinite isn't permamnent.

Her paperwork was only submitted last week so I reckon I'll crack on without her UK passport then.

Thanks again.

[Michael Arch]

Unzippy:

 

I respectfully disagree with the advice provided to you below by "snifter" to the effect that "You'll need proof of her (your wife''s) right to reside in the UK for her to sponsor you" (for a Subclass 309 Partner (Provisional) visa).

 

Again, respectfully, your wife's status in the UK is irrelevant to whether she can sponsor you for the Australian partner visa. Gaining British citizenship will not give your wife any greater right or ability to sponsor you than she presently has.

 

Rather, what matters is whether she is an Australian citizen or permanent resident - which she apparently is.

 

Therefore: you can prepare your Partner visa application with the details from your wife's Australian passport, and likewise when she completes the sponsorship element of the application, she can and should use her Australian passport details,

 

In terms of "time scales" I assume you are asking how long it takes the Department to process and determine a Subclass 309 partner visa application. My experience is that it takes approximately 12 - 18 months so there is a possibility that you may not have a decision on your application in a year's time.

 

To respond to your question: "How long is the visa valid for once you have it"? the answer is that the Subclass 309 visa remains valid until it is replaced by the Subclass 100 Partner (Migrant) visa, which generally occurs 2 years after the grant of the Subclass 309 visa, unless you can establish that you are in a "long term partner relationship" with your wife, which is defined under regulation 1.03 as not less than 3 years.

 

Good luck with your application!

[Guest]

If currently resident in the UK and applying from there, my understanding was they want to see proof of the sponsors legal right to reside in the UK at time of application. This was stated in the paperwork somewhere, perhaps the partner migration book. We submitted my husbands UK passport and citizenship certificate to meet that requirement. Had he not held that we would have submitted his Aus passport with visa label stating indefinite leave to remain. We submitted that also of course as he was the sponsor This showed legal right of abode in the country. Perhaps they have done away with this requiremet on the applocation now and its no longer needed.

 

Eta - Please disregard my first post therefore. Agent has spoken

[Marisawright]

If currently resident in the UK and applying from there, my understanding was they want to see proof of the sponsors legal right to reside in the UK at time of application. This was stated in the paperwork somewhere, perhaps the partner migration book. We submitted my husbands UK passport and citizenship certificate to meet that requirement.

 

It does seem rather weird that the Australian government would care whether one of their citizens, seeking permission to bring someone TO Australia, had the right to live wherever they're currently living.

[Guest]

It does seem rather weird that the Australian government would care whether one of their citizens, seeking permission to bring someone TO Australia, had the right to live wherever they're currently living.

 

My understanding was to ensure it was all legal and above board. An illegal immigrant in the UK sponsoring someone for a visa for another country and all that. Bit awkward in terms of being a couple if you've say, used time spent illegally in a country to clock up de facto time together. We submitted husbands UK evidence as his UK visa was of course no longer valid as was by then a UK citizen after a long time in UK. It probably no longer applies or is even an issue hence me saying to disregard .

[unzippy]

Hello again

 

We are just weighing up getting help with the application. First Contact have quoted us $2,200

It seems that they are based in Aus, so any communication needs to be got in first thing if they are going to have a chance of replying, or wait until the next day - which I imagine will be annoying.

 

Are there any other recommendations for agents or is it fine to go alone, or is there just a document checking service to give the once over before we submit?

[Marisawright]

Hello again

 

We are just weighing up getting help with the application. First Contact have quoted us $2,200

It seems that they are based in Aus, so any communication needs to be got in first thing if they are going to have a chance of replying, or wait until the next day - which I imagine will be annoying.

 

Are there any other recommendations for agents or is it fine to go alone, or is there just a document checking service to give the once over before we submit?

 

I would not go with First Contact. The process for a spouse visa is straightforward, if you're a genuine couple. You can ask an agent to do a more limited service (e.g. checking your case and then checking over your documents to make sure they're correct) rather than holding your hand all the way. Ask some of the agents on here for a quote.

[Nemesis]

I would not go with First Contact. The process for a spouse visa is straightforward, if you're a genuine couple. You can ask an agent to do a more limited service (e.g. checking your case and then checking over your documents to make sure they're correct) rather than holding your hand all the way. Ask some of the agents on here for a quote.

Agreed. If the couple are living together full time and have no complications like health or character, then why on earth waste money on an agent. Its probably the most straight forward of the permanent visas.

[unzippy]

Timeline wise:

 

05/2008 We met at work

07/2008 "embarked on a relationship forsaking all others"

10/2009 opened a joint bank acct

08/2012 Proposed

08/2014 Married

Now - applying for Australian Partner visa.

 

Evidence wise, I have pdfs from the joint bank account since 2009. Are they all needed or is just for the past 3 years as all you need to do is demonstrate a relationship of 3 yrs?

 

Ta.

[unzippy]

Bump - does anyone know the answer to this?

 

Ta.

[NicF]

Bump - does anyone know the answer to this?

 

Ta.

 

I'd show evidence for all the years you have been de facto and ensure you have plenty of evidence covering the past three years. We had been living together for nearly 12 years (married for 9) when we applied and we included things like our first lease agreement together. It all helps to show a committed and ongoing relationship.

[Marisawright]

Seriously? Even for a de facto visa, you only have to show evidence of a 12 month relationship - why would a married couple have to go back so many years?

 

 

 

This is a good article on the subject:

http://myaccessaustralia.com/partner-visa-evidencing-your-relationship-820-801-309-100-visa/

[Gbye grey sky]

Seriously? Even for a de facto visa, you only have to show evidence of a 12 month relationship - why would a married couple have to go back so many years?

 

 

 

This is a good article on the subject:

http://myaccessaustralia.com/partner-visa-evidencing-your-relationship-820-801-309-100-visa/

 

I was not wholly convinced by that article. Saying that letters, emails, photos or social media interaction was absolutely necessary just is not the case. We provided none of these and would consider it inappropriate.

 

Something not mentioned here was a testimonial from an Australian citizen (non-relative). We had a couple of these.

 

We provided evidence going all the way back as the documents often need context. For example a will may have been drawn up years before as might a mortgage application or joint tenancy agreement. Providing all evidence might help get the 100 Visa rather than the temporary 309 too.

[Nemesis]

I was not wholly convinced by that article. Saying that letters, emails, photos or social media interaction was absolutely necessary just is not the case. We provided none of these and would consider it inappropriate.

 

Something not mentioned here was a testimonial from an Australian citizen (non-relative). We had a couple of these.

 

We provided evidence going all the way back as the documents often need context. For example a will may have been drawn up years before as might a mortgage application or joint tenancy agreement. Providing all evidence might help get the 100 Visa rather than the temporary 309 too.

rOn the flip side of that though one of the reasons we were refused was due to a lack of interaction on social media, the fact we interacted more (publicly) on social media than with each other, plus the fact we could not supply more than a couple of photos for the last couple of years. We both hate photos, and dislike our relationship being publicly discussed on facebook. Yet we were clearly told a) we should have supplied more photos and b) when the case officer read through what was publicly available on our facebook profile he was not satisfied with the amount of interaction. And this is for a relationship going back 8 years, married for 3.

[Marisawright]

 

We provided evidence going all the way back as the documents often need context. For example a will may have been drawn up years before as might a mortgage application or joint tenancy agreement.

 

I can see that would be the case for things like a mortgage or a lease agreement that's still in place. However I can't see how old bank statements from years ago would have any relevance. But then I read what Nemesis said and I'm astounded - how do any de facto couples ever get approved on the basis of twelve months' cohabitation, then?

[Gbye grey sky]

rOn the flip side of that though one of the reasons we were refused was due to a lack of interaction on social media, the fact we interacted more (publicly) on social media than with each other, plus the fact we could not supply more than a couple of photos for the last couple of years. We both hate photos, and dislike our relationship being publicly discussed on facebook. Yet we were clearly told a) we should have supplied more photos and b) when the case officer read through what was publicly available on our facebook profile he was not satisfied with the amount of interaction. And this is for a relationship going back 8 years, married for 3.

 

Almost all of our photos would have only one of us in. The other was holding the camera. We were not on FB then and anyway we communicate by talking to each other, bit old-fashioned perhaps. Any texts tend to be of the one or two word variety.

 

But for ours I guess this was simply window dressing. We had been married for 12 years, never apart and had an 11 year old daughter together. Joint will, joint ownership of property etc.

[Guest]

Timeline wise:

 

05/2008 We met at work

07/2008 "embarked on a relationship forsaking all others"

10/2009 opened a joint bank acct

08/2012 Proposed

08/2014 Married

Now - applying for Australian Partner visa.

 

Evidence wise, I have pdfs from the joint bank account since 2009. Are they all needed or is just for the past 3 years as all you need to do is demonstrate a relationship of 3 yrs?

 

Ta.

 

Have you read the checklist and partner visa migration booklet to see what they expect you to submit for your application? Its rather more detailed than just bank statement PDF's.

 

Joint bank account statements are not enough evidence that I am aware of.

 

https://www.border.gov.au/Trav/Visa-1/309-/Partner-(Provisional)-visa-(subclass-309)-and-Partner-(Migrant)-visa-(subclass-100)-document-checklist

 

https://www.border.gov.au/FormsAndDocuments/Documents/1127.pdf

 

I'll give you the list of what I submitted.

 

Evidence for each month of the 12 months prior to lodging. This included a bill from each month in both or one or the others name (at the same address). Water bill with both our names, phone bill in mine, electric in his. Car insurance document showing us both named on the policy. Submitted 2 of these I think, so covering a couple of years. Bank statements for the 12 months prior to lodging. Wills and life insurance policy naming us both.

 

As we had stated we became de facto from X date we also submitted evidence to support and show this. So a bill or two (in both our names or one or the other, again, at same address) from each year since we became de facto and then later married. Also random bank statements from over this time. Plus the odd bit of other official evidence like a lease and a couple of holiday bookings.

 

Also we both wrote our supporting statements detailing our relationship since meeting, when we became de facto, got married and so on and had 2 stat decs as per the checklist requirements. Plus all the other things like wedding cert, birth certs, passports etc. Husband as the sponsor included some of this more recent salary slips to support his stating he was the main earner etc.

[unzippy]

Yes thank you, I have read the checklist.

 

This is a specific question about the bank statements to the joint accounts, all of them dating back to when we opened the acct in 2009 or just the last 3 years?

 

Evidence wise so far:

2 x stat decs from Aussies

our individual stat decs

certified passport scans

certified birth certificates

our marriage cert

deposit, invoice, running order from our wedding

honeymoon holiday - flights and accom in both names

assorted other holidays spanning the last 5 years - flights and accom in both names

5 years of internet bills in my name

3 years of water bills in her name

3 years of gas and elec bills in my name

2 x wedding invites addressed to both of us

tenancy agreements for the last 3 places we rented spaning 5 years - both names

 

finally every statement from the joint savings acct and current acct.

[unzippy]

The annoying thing is that we have already done all this for my wife's spouse visa, then idefinite leave to remain and then UK citizenship.

Sadly that doesn't count at all in the eyes of the Aus government.

[Marisawright]

The annoying thing is that we have already done all this for my wife's spouse visa, then idefinite leave to remain and then UK citizenship.

Sadly that doesn't count at all in the eyes of the Aus government.

 

The idea of all the evidence is that you need to prove you're in a long term relationship. They don't want to know chapter and verse on your financial situation. So I can see no need at all for bank statements all the way from the year dot. Maybe one or two from when you first opened the account, and one or two from today showing the account still in existence and still being used.

[Gbye grey sky]

I concur with Marissa. We didn't supply many bank statements but where I had sent a bill I highlighted the payment on the statement just to demonstrate that though a utility bill was not in itself in joint names it was paid from a joint account.

 

It looks like you have put together a mountain of evidence and you should expect to get a 100 visa rather than the 309 I believe based on that.

[Nemesis]

I concur with Marissa. We didn't supply many bank statements but where I had sent a bill I highlighted the payment on the statement just to demonstrate that though a utility bill was not in itself in joint names it was paid from a joint account.

 

It looks like you have put together a mountain of evidence and you should expect to get a 100 visa rather than the 309 I believe based on that.

Getting a 100 rather than a 309 is based on 3 years together (2 with kids) not on the amount of evidence.

[Gbye grey sky]

Getting a 100 rather than a 309 is based on 3 years together (2 with kids) not on the amount of evidence.

 

True, but if they have evidence going back more than 3 years would they not be granted a 100? That was what I intended in my comment.