Mejmag Posted February 4, 2017 Share Posted February 4, 2017 Hi guys. I would greatly appreciate help understanding the partner visa subclass 309 as I can't seem to find an answer to my question. I am a uk citizen and my wife is Australian. We live in the uk and have been married for over two years and we have a six month old child together. We want to migrate to Australia permanently and I understand that I need to apply for partner visa subclass 309 along with a dependant child visa subclass 455. We have not started the process yet. I work full time as a heating engineer here in the uk while my wife minds our son. The question I have is will I be allowed to even apply for a partner visa given that I will need to retrain or find another form of employment (which I'm happy to do) and my wife can't afford to support me as she will be looking for a job in Australia herself by that time? Or is it ok for me to apply so long as I pay visa fees and have enough money to support the three of us while I find work? We plan on living with her parents until we get our feet on the ground. Would love to hear how anyone else in a similar situation got on. Thanks guys. Matt. Quote Link to comment Share on other sites More sharing options...
Quoll Posted February 4, 2017 Share Posted February 4, 2017 Assuming your wife is a citizen and not a citizen by descent who has never lived in Australia then your son should be registered as a citizen by descent at the High Commission and get his passport, no visa required. If she is by descent and never lived there then that's a whole different ballgame and he would need a visa. You just apply for your visa otherwise, fairly straightforward Quote Link to comment Share on other sites More sharing options...
cathh Posted February 4, 2017 Share Posted February 4, 2017 As quoll said, apply for citizen by decent for your child if your wife is Aussie born or lived there more than two years. Your baby shouldn't need a visa. Partner visa ids is a family visa, your job doesn't matter. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted February 4, 2017 Share Posted February 4, 2017 Hi guys. I would greatly appreciate help understanding the partner visa subclass 309 as I can't seem to find an answer to my question. I am a uk citizen and my wife is Australian. We live in the uk and have been married for over two years and we have a six month old child together. We want to migrate to Australia permanently and I understand that I need to apply for partner visa subclass 309 along with a dependant child visa subclass 455. We have not started the process yet. I work full time as a heating engineer here in the uk while my wife minds our son. The question I have is will I be allowed to even apply for a partner visa given that I will need to retrain or find another form of employment (which I'm happy to do) and my wife can't afford to support me as she will be looking for a job in Australia herself by that time? Or is it ok for me to apply so long as I pay visa fees and have enough money to support the three of us while I find work? We plan on living with her parents until we get our feet on the ground. Would love to hear how anyone else in a similar situation got on. Thanks guys. Matt. As already stated, if your son is an Ozzie citizen then he just needs a passport, no visa. If he is not a citizen he doesn't get a 455, he gets included on the 309 as a dependent child. There is no employment requirement with a spouse visa. Obviously being able to gtet a job would be good from the family point of view, but immigration are not really interested in your skills or earning potential. The visa is a family visa, ot a skills visa. However, when you do your statements about your life together, make sure you include the support from her family as far as housing goes, and you can mention your intent to retrain etc, as it all adds to the picture of you planning to settle as a family in Oz. Quote Link to comment Share on other sites More sharing options...
Mejmag Posted February 4, 2017 Author Share Posted February 4, 2017 That's great news guys. Makes the process a lot less daunting. Yes, my wife is Australian born. I now think we will get our sons citizenship sorted out at the High Commission and then that will mean I apply for the partner visa 309. Thanks Quoll, Cathh and Nemesis for the swift and helpful advice. It's much appreciated. Cheers, Matt Quote Link to comment Share on other sites More sharing options...
wrussell Posted February 4, 2017 Share Posted February 4, 2017 subclass 309 might not be your best option. May I suggest you consult a registered migration agent for advice about strategy? Quote Link to comment Share on other sites More sharing options...
Guest Posted February 4, 2017 Share Posted February 4, 2017 Applying for Aus citizenship by descent is pretty straightforward. It will require a trip by your wife to the Aus High Commission in London for the little one's passport application but that appointment is made in advance so it can be booked to suit. I think my husband made his appointment a couple of weeks beforehand once the citizenship by descent certificate arrived. Day trip to London was all. Our son therefore didn't need to go on the application as needing a visa. He is an Aus citizen in his own right. FWIW as the sponsor my husband explained that we would be living/staying with family when we first arrived in Aus. That this would enable us to have somewhere to stay at little cost and also we would then seek employment once there. I realise you may probably be the main earner atm and are the applicant but you can both explain your situation and your plans in your application and sponsor forms You can probably both explain in your own words on your forms you will be living with her family to begin with while you both seek work etc or whatever your plans are. A partner visa doesn't take into account your job skills so you don't need to think about retraining to be able to apply. Its a partner visa Have a read of the partner visa migration booklet and get your head round the requirements. Its pretty straightforward once you cut through all the parts you don't need in there like the PMV and on shore application sections. Re paying for the visa and having funds. You'll see when you go through the forms what is expected. Its again pretty straightforward. I think my husband (sponsor) included 2 years worth of salary slips to show he was the main earner etc. I covered my part time employment in my application. We have a long standing partner visa thread you may find useful. Might be worth a browse to see what current 309 applicants have done or are doing. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted February 5, 2017 Share Posted February 5, 2017 The 309 might not be your best option. It may be cheaper and quicker to go through the skilled route. Quote Link to comment Share on other sites More sharing options...
Mejmag Posted February 5, 2017 Author Share Posted February 5, 2017 Thanks for the replies guys. Thank you Sifter, lots of helpful information, much appreciated. I'm gonna read through the booklet and then read through the thread you mentioned. Thanks for for pointing me in the right direction guys. Matt. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted February 5, 2017 Share Posted February 5, 2017 Thanks for the replies guys. Thank you Sifter, lots of helpful information, much appreciated. I'm gonna read through the booklet and then read through the thread you mentioned. Thanks for for pointing me in the right direction guys. Matt. Be aware a partner visa is over twice the cost of a skilled visa and you may be able to get a skilled. A partner takes a lot longer and either way you will need to undertake the same retraining in Oz. Quote Link to comment Share on other sites More sharing options...
Mejmag Posted February 5, 2017 Author Share Posted February 5, 2017 Thanks very stormy. Although my son can get citizenship by descent from his mum, it appears (unless I'm reading it wrong) that if I apply for a dependant child visa 455, which cost approx $1700, then I can apply for my partner visa 309 at no cost, since my wife and I have been married for over two years. Seems too good to be true, and would it disadvantage my son in the long run? cheers, Matt. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted February 6, 2017 Share Posted February 6, 2017 Thanks very stormy. Although my son can get citizenship by descent from his mum, it appears (unless I'm reading it wrong) that if I apply for a dependant child visa 455, which cost approx $1700, then I can apply for my partner visa 309 at no cost, since my wife and I have been married for over two years. Seems too good to be true, and would it disadvantage my son in the long run? cheers, Matt. If your child is a citizen he cannot apply for, or hold, a visa for Australia. You need to sort out a passport for the kiddie and your wife needs a Spouse Visa. As you have been together for over 2 years she would be granted PR (100) straight away, rather than a 309. Quote Link to comment Share on other sites More sharing options...
Mejmag Posted February 7, 2017 Author Share Posted February 7, 2017 Hi verystormy. I have noticed the cost of a partner visa 309 is more expensive than a skilled visa. After reading through the migrant partner handbook I noticed that the cost of a 309 visa is nil if I have a dependant child. Would it be wise for me to apply for a 309 for myself along with a 455 for my son since the cost of the dependant child visa is approx $1700 as opposed to nearly $7000 for a 309 for me? Or would doing this be detrimental to my son in the long run, since his mother can simply get him citizenship by descent? Seems it would be cheaper to go the dependant child route, but also sounds too good to be true? Thanks, Matt. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted February 7, 2017 Share Posted February 7, 2017 Hi verystormy. I have noticed the cost of a partner visa 309 is more expensive than a skilled visa. After reading through the migrant partner handbook I noticed that the cost of a 309 visa is nil if I have a dependant child. Would it be wise for me to apply for a 309 for myself along with a 455 for my son since the cost of the dependant child visa is approx $1700 as opposed to nearly $7000 for a 309 for me? Or would doing this be detrimental to my son in the long run, since his mother can simply get him citizenship by descent? Seems it would be cheaper to go the dependant child route, but also sounds too good to be true? Thanks, Matt. If your child is an Australian citizen he can neither apply for, nor hold a visa. I am also totally baffled by this 455 route. In over 20 years of experience with spouse visas I have never heard of this route. If it works, please come back and let us know as there are an awful lot of people who would just use the accepted route of putting the dependent child on the spouse visa - as I have seen many agents advise in the past. Quote Link to comment Share on other sites More sharing options...
Mejmag Posted February 7, 2017 Author Share Posted February 7, 2017 My son is a British citizen. Holds a British passport. Will this prevent him from gaining Australian citizenship by descent through his mother? She is Australian born, Australian passport. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted February 7, 2017 Share Posted February 7, 2017 My son is a British citizen. Holds a British passport. Will this prevent him from gaining Australian citizenship by descent through his mother? She is Australian born, Australian passport. No, he is already an Australian / British dual national. As such he can not get a visa for a country of which he is a national. He became a dual citizen at birth, he just needs to get a passport. Hence why I think you may be better going down the skilled route, but I would suggest you contact an agent for advice on the best route Quote Link to comment Share on other sites More sharing options...
Mejmag Posted February 7, 2017 Author Share Posted February 7, 2017 Spoke to the Australian Embassy's European service today and explained my situation and asked whether the dependant child visa means a nil charge for my visa. He said it is no longer the case that partner visa fees are waived by dependant child visas and that the partner migration booklet simply needs updating. Also that my wife can simply apply for citizenship by descent for the boy online, cost $230 and arrives in about a month. All good. I certainly think your right VeryStormy and that it's definitely worth me trying the skilled root to save a few bob. But worst way, I know I have to pay the $6865 or so to get a partner visa. Feel much better now that I know what needs to be done and how much it will cost and that's thanks to you guys for all the helpful advice. Matt. Quote Link to comment Share on other sites More sharing options...
Jonleahy Posted February 7, 2017 Share Posted February 7, 2017 Spoke to the Australian Embassy's European service today and explained my situation and asked whether the dependant child visa means a nil charge for my visa. He said it is no longer the case that partner visa fees are waived by dependant child visas and that the partner migration booklet simply needs updating. Also that my wife can simply apply for citizenship by descent for the boy online, cost $230 and arrives in about a month. All good. I certainly think your right VeryStormy and that it's definitely worth me trying the skilled root to save a few bob. But worst way, I know I have to pay the $6865 or so to get a partner visa. Feel much better now that I know what needs to be done and how much it will cost and that's thanks to you guys for all the helpful advice. Matt. I'm by no means an expert but the advantage with your situation with going down the spouse route as opposed to the skilled visa route is it is likely you will be granted a Permanent Residence straight away which as far as I understand you won't get on the skilled visa. With the skilled visa it may be granted quicker as long as your trade is on the required list of the state you want to go to. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted February 8, 2017 Share Posted February 8, 2017 I'm by no means an expert but the advantage with your situation with going down the spouse route as opposed to the skilled visa route is it is likely you will be granted a Permanent Residence straight away which as far as I understand you won't get on the skilled visa. With the skilled visa it may be granted quicker as long as your trade is on the required list of the state you want to go to. No. Independent skilled visas are immediate PR. There is no requirement for an occupation to be on any state list if it is a 189. Quote Link to comment Share on other sites More sharing options...
Jonleahy Posted February 8, 2017 Share Posted February 8, 2017 No. Independent skilled visas are immediate PR. There is no requirement for an occupation to be on any state list if it is a 189. I'm not sure of all the requirements for the 189 visa but is there not a list of eligible skills and trades that if your occupation is not on, then you may apply 189 but will not be considered? Quote Link to comment Share on other sites More sharing options...
Nemesis Posted February 9, 2017 Share Posted February 9, 2017 I'm not sure of all the requirements for the 189 visa but is there not a list of eligible skills and trades that if your occupation is not on, then you may apply 189 but will not be considered? You can't apply for a 189 (which is a permanent residency visa) unless your skill is on the SOL. That is not a State list. State lists apply to some visas such as the 190, but not to the 189. Quote Link to comment Share on other sites More sharing options...
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