joeldee Posted January 14, 2018 Share Posted January 14, 2018 (edited) Hi All I am an Australian citizen (Dual with UK) currently living in the UK, my de-facto partner is also a UK citizen and we are living in the UK at the moment. My partner has done 2 years in Australia a few years back on working holiday visas but we decided to return to the UK for a little while due to her visa running out and also to spend a year or so with family etc What would be the best partner visa to apply for whilst not currently residing in Australia or the best option to enable us to move back to the UK the quickest. Any info much appreciated, I am looking for: -Visa options? -Rough costs? -Timelines? Edited January 14, 2018 by joeldee Quote Link to comment Share on other sites More sharing options...
TheWayOfThePony Posted January 15, 2018 Share Posted January 15, 2018 You can either apply for a Prospective Marriage Visa (subclass 300) if you intend to marry; you apply offshore and then have 9 months to move to Australia and get married; after which you have to apply for an onshore spouse visa (subclass 820).The PMV means you have to be able to move to Australia on a relatively short notice, so that might not fit your plans.https://www.homeaffairs.gov.au/trav/visa-1/300-/Prospective-Marriage-visa-(subclass-300)-document-checklist Or an offshore partner Visa (subclass 309) if you can prove your de facto partnership (which among other things includes providing evidence that you have been together for at least 12 months, that you have been living together with no significant period apart; note that dating doesn't count as de facto):https://www.homeaffairs.gov.au/trav/visa-1/309-/Partner-(Provisional)-visa-(subclass-309)-and-Partner-(Migrant)-visa-(subclass-100)-document-checklist Either way you are looking at 7,000 Australian dollars (plus additional fees: medical, police check, etc). Global processing time is roughly 11-16 months at the moment for both visas, although they can be processed quicker (many straightforward PMVs lodged in London were roughly processed over 3-5 months in 2017 as far as I can see) but that is in no way a guarantee. Good luck Quote Link to comment Share on other sites More sharing options...
Guest Posted January 15, 2018 Share Posted January 15, 2018 What was said above sums it up Quote Link to comment Share on other sites More sharing options...
joeldee Posted January 15, 2018 Author Share Posted January 15, 2018 Do I as the sponsor/citizen have to do all the health checks/criminal record checks etc again or just my partner? Quote Link to comment Share on other sites More sharing options...
Guest Posted January 15, 2018 Share Posted January 15, 2018 IIRC there is a criminal record check but no health check. You can read all the info in the partner visa PDF https://www.homeaffairs.gov.au/Forms/Documents/1127.pdf Quote Link to comment Share on other sites More sharing options...
joeldee Posted January 15, 2018 Author Share Posted January 15, 2018 Awesome thanks for all your help Quote Link to comment Share on other sites More sharing options...
joeldee Posted January 15, 2018 Author Share Posted January 15, 2018 One more question... what if we were to get married this year in england? What visa would we apply for if we were wed? Would this speed up the process and be a different visa/cost? Quote Link to comment Share on other sites More sharing options...
Katiebobbles Posted January 15, 2018 Share Posted January 15, 2018 The 309/100 is the same one you apply for if married. So timescales and costs above still apply. Sorry no way of avoiding the $7k ... i wish there was xox Quote Link to comment Share on other sites More sharing options...
joeldee Posted January 15, 2018 Author Share Posted January 15, 2018 Ok thanks alot Katie Quote Link to comment Share on other sites More sharing options...
Lisa De Leon Posted January 17, 2018 Share Posted January 17, 2018 Hi Joel. Unfortunately being married doesn't count for a lot - you still need to show the amount of evidence as a De Facto couple would (in four different categories). Contact me if you would like more information about relationship evidence. AUD 7000 is a lot of money and you want to get it right the first time, there are no refunds. Also they are planning to change the process for partner visas by introducing an initial sponsor approval application. This would mean that you must be approved as a sponsor before your partner can lodge her visa application. We have not been notified when this will be introduced but we expect it to be sometime this year. It is best to lodge your application as soon as possible to avoid this. The other factor to consider is that if you lodge your application onshore (820 visa), your partner will receive a bridging visa which will allow her to stay during the processing and she will have full work rights. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted January 17, 2018 Share Posted January 17, 2018 26 minutes ago, Lisa De Leon said: Hi Joel. Unfortunately being married doesn't count for a lot - you still need to show the amount of evidence as a De Facto couple would (in four different categories). Contact me if you would like more information about relationship evidence. AUD 7000 is a lot of money and you want to get it right the first time, there are no refunds. Also they are planning to change the process for partner visas by introducing an initial sponsor approval application. This would mean that you must be approved as a sponsor before your partner can lodge her visa application. We have not been notified when this will be introduced but we expect it to be sometime this year. It is best to lodge your application as soon as possible to avoid this. The other factor to consider is that if you lodge your application onshore (820 visa), your partner will receive a bridging visa which will allow her to stay during the processing and she will have full work rights. Are you saying that if applying as a married couple one now needs to prove the same 12 months cobhabition that a de facto couple need? This has never been the case before, and many couples who marry, then apply, do not live together beforehand. Quote Link to comment Share on other sites More sharing options...
Lisa De Leon Posted January 17, 2018 Share Posted January 17, 2018 Hi Nemesis. No. the 12 month relationship requirement is only for De Facto couples under the legislation. I was referring to the relationship evidence you need to provide as proof of a genuine and continuing relationship. And it is not a cohabitation rule, you must show that your relationship was continuing if you were apart during this time. You do not need to be living together to satisfy the 12 month De Facto requirement. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted January 17, 2018 Share Posted January 17, 2018 3 hours ago, Lisa De Leon said: Hi Nemesis. No. the 12 month relationship requirement is only for De Facto couples under the legislation. I was referring to the relationship evidence you need to provide as proof of a genuine and continuing relationship. And it is not a cohabitation rule, you must show that your relationship was continuing if you were apart during this time. You do not need to be living together to satisfy the 12 month De Facto requirement. it sounded like you were saying that married couples needed all the same info as de facto, so thank you for clarifying. As for not needing to be living together, 24/7, well, married or not, that seems to be down to the whim of the CO, but lets not re-open that can of worms. Been there, done that, came home. Quote Link to comment Share on other sites More sharing options...
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