309 With Both Sponsor And Spouse Outside Country

[malikusmanrasheed]

Hi Guys,

This is my first post in the forum

I searched for my issue and couldn't find anything related.

The details of my current situation are as below:

I have a permanent residence visa for which last date of arrival is 12 September 2018.

I came to Australia around two years ago with intentions of Immigrating but I had to leave the country shortly afterwards (less than two months) due to family commitment. So I don't think i meet the usually in Australia clause.

Since then, I got married 16 months ago and moved to Saudi Arabia with my spouse for a job.

Now I want to apply for 309.  I emailed the embassy in Saudi Arabia, the agent didn't reply and told me on call that shes not sure about it We are both living together and want to move together

Can I apply it before coming to Australia?   My apologies for the long post, thanks for bearing with me 
 

[wrussell]

Quote

Can I apply it before coming to Australia?   My apologies for the long post, thanks for bearing with me 

Yes.

If your wife cannot obtain a visitor visa (subclass 600 or 601) depending on her passport) that lets her apply for a partner visa onshore, then an online application for a subclass 309 (partner) is probably your next best visa strategy.

It is good practice to apply for a visitor visa, even if it is refused the cost is neither here nor there in the scheme of things and you would have introduced yourselves as partners to an official body, Australian immigration.

There are various complications for KSA residents, for example, after they leave KSA they cannot obtain the necessary police clearances so these should be applied for before departure.

I advise you not rely on advice from DIBP officers, they mostly do not know, do not care, and face no consequences for being wrong.

May I suggest that you consult a registered migration agent for advice about developing a visa straggly?