How difficult is it for a British pensioner to obtain a visa to live in Australia with Australian Pensioner husband

[Juditta]

I wonder if anyone can help please, because really need some information here.  It all seems to be very confusing (or maybe thats just me ...confused!)   I am a British pensioner, living in the UK, I have met a lovely Australian man, a pensioner as I am, he would like me to marry him and move to live with him in Australia.   At first I thought it would be simple and straightforward, but now I look at all the forms, and all the necessary things one has to do, it all looks like a very complicated and slow process, (also expensive) without any guarantees of success.    I would be so grateful if anyone could give me some advice and some more knowledge on this process.    Thanks 

[Guest The Pom Queen]

Hi @Juditta welcome to the forum. We have some very helpful members and migration agents on here who should be able to help. I would highly recommend contacting @Richard Gregan And @Alan Collett . Richard is based in the UK and Alan is in Melbourne 

[Richard Gregan]

I'll send you a PM Juditta!

 

Regards,

Richard

[Marisawright]

You're right to say that with most visas, it's very uncertain whether you'll be approved or not.  However, a partner visa is different. If you're the genuine partner of an Australian citizen, you should have absolutely no problems getting approved.   The difficult bit is proving that you're genuine and that's what all the forms are for.

The only other thing you need to be aware of is that, if you move to Australia, your British aged pension will be frozen (i.e. you won't get any increases, it will stay at the same amount forever).  

[Stung]

Partner visas can be pretty straight forward. They are based on relationship evidence, health and character. If you tick all those boxes it gets approved.

Ideally you want a relationship that is well over a year old known by others, have no serious (as in expensive or TB) health issues and have been on the good side of the law.

If you satisfy that, its just putting it all together in the application - that's the basics of it but best to put forward a well planned and submitted application, that takes some effort to learn.

Edited March 22, 2018 by Stung
()

[Stung]

Happy to give you guidance if you need.

[Alan Collett]

On 22/03/2018 at 20:13, Stung said:

Happy to give you guidance if you need.

Are you a registered migration agent, by any chance?

Best regards

[Stung]

Nope not at all.

 

Used a few.

[Raul Senise]

On 3/22/2018 at 18:09, Stung said:

Partner visas can be pretty straight forward. They are based on relationship evidence, health and character. If you tick all those boxes it gets approved.

What are you basing this advice on as it is completely wrong.

Partner visas have become one of the most difficult, expensive and lengthy visas to apply for. They have a very high refusal rate and after protection/refugee visas, represent the highest number of appeals at the Tribunal for refused applications.

"tick all those boxes it gets approved" could not be further from the truth.

On 3/22/2018 at 20:13, Stung said:

Happy to give you guidance if you need.

You seem to offer this on a number of your posts for different visa types. Are you a commercial operator by any chance?

[Guest]

OP, hopefully you've been in touch with one of the agents on here and found out a bit more about what will be needed. It can be very confusing to get to grips with.

FWIW there is something called a prospective marriage visa (PMV) and also a partner visa. You mention you have met this man and would like to marry and be together. It may be worth researching the PMV and what that entails and how it all works. 

There are differences between a PMV and a partner visa https://www.homeaffairs.gov.au/trav/visa-1/300-/Prospective-Marriage-visa-(subclass-300)-document-checklist

As to your specific case, I'd run it all past a decent agent to ensure you are going about things in the correct way. Good luck with it all

 

 

 

 

[Stung]

10 hours ago, Raul Senise said:

What are you basing this advice on as it is completely wrong.

Partner visas have become one of the most difficult, expensive and lengthy visas to apply for. They have a very high refusal rate and after protection/refugee visas, represent the highest number of appeals at the Tribunal for refused applications.

"tick all those boxes it gets approved" could not be further from the truth.

You seem to offer this on a number of your posts for different visa types. Are you a commercial operator by any chance?

No, how many visa types?

 

 

[Marisawright]

11 hours ago, Raul Senise said:

Partner visas have become one of the most difficult, expensive and lengthy visas to apply for. They have a very high refusal rate and after protection/refugee visas, represent the highest number of appeals at the Tribunal for refused applications.

That's disgusting.

It seems incredibly heartless that the Australian government would be refusing people with genuine partnerships, what's going on?

[Alan Collett]

3 minutes ago, Marisawright said:

That's disgusting.

It seems incredibly heartless that the Australian government would be refusing people with genuine partnerships, what's going on?

What makes you think the relationships in refused applications are genuine?

Remember also that there are technical aspects to visa applications - particularly onshore applications - that many partner visa applicants don't fully appreciate.   There are limits to the competencies and experiences of those who provide commentary on forums such as this, Facebook, etc.

That's why instructing a competent migration professional can make a significant difference to the cost, the timeline, and the outcome.

Best regards.

[Guest The Pom Queen]

29 minutes ago, Marisawright said:

That's disgusting.

It seems incredibly heartless that the Australian government would be refusing people with genuine partnerships, what's going on?

It’s happening in the UK as well, my brother can’t take his wife for a HOLIDAY because of her race they refused her holiday visa, they were only going for 10 days

[Marisawright]

4 hours ago, Alan Collett said:

What makes you think the relationships in refused applications are genuine?

I'm sure there are plenty of people who try to get in on a partner visa fraudulently, that's not the issue.

Raul and yourself have objected to this statement:

"They are based on relationship evidence, health and character. If you tick all those boxes it gets approved."

Of course it's not as simple as ticking boxes, but that is an expression not a literal statement, as I'm sure you know. To me, it was perfectly obvious the sentence meant, "provided your relationship is genuine and you can prove it, you don't need to feel anxious,  it's just a case of doing the paperwork."   

Now I know the paperwork is complicated, and it could well be a good idea for the OP to engage an agent to guide her.  However, it seems a bit steep for Raul to pile in and say Stung's advice is rubbish because the partner visa has such a high refusal rate - if the refusal rate is because of fraudulent relationships and the OP is genuine, what does that have to do with her?  Is it really necessary to scare people unnecessarily?

[Raul Senise]

8 hours ago, Marisawright said:

However, it seems a bit steep for Raul to pile in and say Stung's advice is rubbish because the partner visa has such a high refusal rate - if the refusal rate is because of fraudulent relationships and the OP is genuine, what does that have to do with her?  Is it really necessary to scare people unnecessarily?

I did not say that Stung's advice was "a pile of rubbish" or base my comments solely on high refusal rates.

My issue was that, based on 0 experience, they are stating that the partner visa application is a simple process which is just a matter of ticking the right boxes.

This is dangerous advice which may cause someone to lodge a $7,000 application, completely unprepared for the reality of the situation. I regularly consult with genuine applicants who have had their applications refused.

This is also true for your comment "If you're the genuine partner of an Australian citizen, you should have absolutely no problems getting approved."

Simply being in a genuine relationship is not enough to successfully obtain a partner visa. Even the definition of "spouse" or "de facto"under the Regulations is not straightforward. Many people believe they are in a Relationship, but later learn an expensive lesson that what they believe is a Relationship, is not shared by the Department. This is especially true for new or short term relationships.

Many people do successfully lodge by themselves, however, you need to do your research and be aware of the potential magnitude of a partner application.

Based on the minimal information provided by the OP, it already appears that hers is not a straightforward matter.

[ramot]

An elderly friend of mine age 80 who is on the temporary 410 retirement visa has married an Australian lady and they have applied for the partner visa. They have found the whole process very hard work for them and have needed professional help and are waiting for the first part of visa to be hopefully granted. 

 

[Stung]

12 hours ago, Raul Senise said:

I did not say that Stung's advice was "a pile of rubbish" or base my comments solely on high refusal rates.

My issue was that, based on 0 experience, they are stating that the partner visa application is a simple process which is just a matter of ticking the right boxes.

This is dangerous advice which may cause someone to lodge a $7,000 application, completely unprepared for the reality of the situation. I regularly consult with genuine applicants who have had their applications refused.

This is also true for your comment "If you're the genuine partner of an Australian citizen, you should have absolutely no problems getting approved."

Simply being in a genuine relationship is not enough to successfully obtain a partner visa. Even the definition of "spouse" or "de facto"under the Regulations is not straightforward. Many people believe they are in a Relationship, but later learn an expensive lesson that what they believe is a Relationship, is not shared by the Department. This is especially true for new or short term relationships.

Many people do successfully lodge by themselves, however, you need to do your research and be aware of the potential magnitude of a partner application.

Based on the minimal information provided by the OP, it already appears that hers is not a straightforward matter.

Hi Raul, probably fair to say we wont always if at all, get on but we can keep it civil.

Based on my experiences the Partner Visa application is not a simple process, but it does have requirements (boxes) that need to be ticked or a better use of words "complied with". If all the requirements are meet and valid supporting documentation is supplied and no medical or conviction issues exist. It will be a valid application and processed, if everything is complied with the application should be approved, it is just a matter of time.

Now it can be refused if all the boxes have not been ticked or if the case officer just does not believe the evidence, this is when the AAT is often used. People will use this regardless of if they ticked the boxes or not and often to buy time. The ones incorrectly refused go back for processing (Can you supply a % for this number Raul?) the ones buying time generally have a very bad day.

I find alarming you have so many "genuine applications refused" and I never tell people to go in unprepared in fact the opposite take 2-4 months on working on the application.

Let me guess on your genuine relationship comment - that is less than 6 months cohabitation?

 

With this I agree 110% or more.

Many people do successfully lodge by themselves, however, you need to do your research and be aware of the potential magnitude of a partner application.

P.S My belief is the AAT is getting abuse due waiting times on partner visas being so long.

Edited March 28, 2018 by Stung

[Marisawright]

11 hours ago, ramot said:

An elderly friend of mine age 80 who is on the temporary 410 retirement visa has married an Australian lady and they have applied for the partner visa. They have found the whole process very hard work for them and have needed professional help and are waiting for the first part of visa to be hopefully granted. 

 

I don't think anyone's pretending that it's not hard work.   The paperwork is mind-numbing and can be confusing, so for many people, using an agent makes a LOT of sense.

There's a difference between saying it's terribly complicated so be sure you do your research, and saying "panic now because lots of people get refused".

[ramot]

32 minutes ago, Marisawright said:

I don't think anyone's pretending that it's not hard work.   The paperwork is mind-numbing and can be confusing, so for many people, using an agent makes a LOT of sense.

There's a difference between saying it's terribly complicated so be sure you do your research, and saying "panic now because lots of people get refused".

I never said any of the above except my friends found it hard work, so why quote me.

[Marisawright]

8 minutes ago, ramot said:

I never said any of the above except my friends found it hard work, so why quote me.

No, you didn't say any of that.  Perhaps I misunderstood your post. I thought you were chiming into the debate.

[Raul Senise]

10 hours ago, Marisawright said:

I don't think anyone's pretending that it's not hard work.   

Actually both you and Stung said it is easy: " you should have absolutely no problems getting approved" , "Partner visas can be pretty straight forward", "If you tick all those boxes it gets approved". 

10 hours ago, Marisawright said:

There's a difference between saying it's terribly complicated so be sure you do your research, and saying "panic now because lots of people get refused".

No one said anything like "panic now because lots of people get refused" and in fact I specifically stated "Many people do successfully lodge by themselves, however, you need to do your research and be aware of the potential magnitude of a partner application."

I was highlighting the fact that Partner Visas have become difficult and complicated (they used to be much simpler) and have a very high refusal rate, so that people are aware.

 

[Stung]

10 hours ago, Raul Senise said:

Actually both you and Stung said it is easy: " you should have absolutely no problems getting approved" , "Partner visas can be pretty straight forward", "If you tick all those boxes it gets approved". 

No one said anything like "panic now because lots of people get refused" and in fact I specifically stated "Many people do successfully lodge by themselves, however, you need to do your research and be aware of the potential magnitude of a partner application."

I was highlighting the fact that Partner Visas have become difficult and complicated (they used to be much simpler) and have a very high refusal rate, so that people are aware.

 

I do think Partner Visas are "easier" than other types of visas, but only when you have done some research on what is actually required.

My reason for this is that if we met the 4 category of evidence requirements, the medical, the police, (the 12 month if applicable) and prove the relationship - then technically it can not be refused. If it is you can get an AAT hearing.

Visas that require the genuine temporary entrant requirement to be considered are just a lottery depending on lots of factors from passport held, country of citizenship to just the case officer having a bad day. Often these can not go to the AAT. They can be extremely hard to impossible.

That said both quotes you supplied are a far cry from the word "easy".

 

I don't actually think Partner Visas have become more difficult or complicated, I don't recall to many changes in the actual legislation or the required forms from my first application that was around 15 years ago - But I am sure there have been a few changes.

What I will say is that the processing has become far more compliant to policy and regulation than it was years ago, case officers seemed to be more flexible with applications then, now they seem very strict. One would assume that is a result of large numbers of applications and increasing process times and management wanting to address that issue.

 

I am still extremely interest in finding out about your (sorry forget wording) large number of clients that are in genuine relationships having applications refused!

 Were you their agent or were they a DYI and now consulting you? I have rarely heard of a RMA having a partner visas refused. If the later can you supply some reasons for the refusal/s.

[Marisawright]

1 hour ago, Stung said:

My reason for this is that if we met the 4 category of evidence requirements, the medical, the police, (the 12 month if applicable) and prove the relationship - then technically it can not be refused. If it is you can get an AAT hearing.

Visas that require the genuine temporary entrant requirement to be considered are just a lottery depending on lots of factors from passport held, country of citizenship to just the case officer having a bad day. Often these can not go to the AAT. They can be extremely hard to impossible.

That is exactly what I was trying to say, and obviously neither of us is explaining it well. I read the "IF" in your first statement and that's exactly how I read it - IF you meet all the requirements, - you are on more solid ground compared to most other visas.   No visa is easy, that's a given, they're all a horrendous pain in the neck to complete and that's where an agent comes in.

Edited March 29, 2018 by Marisawright

[Raul Senise]

1 hour ago, Stung said:

I do think Partner Visas are "easier" than other types of visas, but only when you have done some research on what is actually required.

My reason for this is that if we met the 4 category of evidence requirements, the medical, the police, (the 12 month if applicable) and prove the relationship - then technically it can not be refused. If it is you can get an AAT hearing.

Visas that require the genuine temporary entrant requirement to be considered are just a lottery depending on lots of factors from passport held, country of citizenship to just the case officer having a bad day. Often these can not go to the AAT. They can be extremely hard to impossible.

That said both quotes you supplied are a far cry from the word "easy".

 

I don't actually think Partner Visas have become more difficult or complicated, I don't recall to many changes in the actual legislation or the required forms from my first application that was around 15 years ago - But I am sure there have been a few changes.

What I will say is that the processing has become far more compliant to policy and regulation than it was years ago, case officers seemed to be more flexible with applications then, now they seem very strict. One would assume that is a result of large numbers of applications and increasing process times and management wanting to address that issue.

 

I am still extremely interest in finding out about your (sorry forget wording) large number of clients that are in genuine relationships having applications refused!

 Were you their agent or were they a DYI and now consulting you? I have rarely heard of a RMA having a partner visas refused. If the later can you supply some reasons for the refusal/s.

You have certainly changed your tune in this thread. 

The other interesting point is that after denying that you are commercial operator, you now state that you have been doing visas for 15 years. You are now even commenting on Regulations, Legislation, Policy and how case officers process applications.

You are obviously a commercial operator and possibly unregistered and in a number of posts have tried to get people to contact you directly.

As per the rules of the forum, you need to disclose your commercial status to the moderators.

I will not respond to any more of your posts as I will not give your increasingly bad advice any further life, or allow you to hijack the thread further, to push your personal agenda.