820, 309 or 300

[TellHimHesDreamin]

Hi all - new to the site and first post. There are clearly a lot of knowledgable people on here and I am hoping someone can help me. I did think our situation was unique, but it looks like a lot of people have similar questions, relationships and problems in getting into Australia.

Anyway, I am a UK national, but currently working in the Middle East. My gf is an Australian national and has lived there her whole life. I fly into Oz as often as work permits and we spend as much time together as we can. We have spoken and will marry as soon as we can, but also need to align work and visas...but more importantly, we are both in the final throws of getting divorced from our exes. Neither of us have really pushed for the divorces, even though we have been separated for a number of years. We have been in our relationship for about 18 months, now need to push things forward so that we can start our new lives together in Australia.

My question is, what route do we go down? I will probably continue to work FIFO for a while (to save up for a house!) but at the same time, in order to make the move to Oz, I need to be able to work, and getting the right partner visa will of course allow me to do that. The whole, being in the country when applying, or when the visa is granted, against costs, and time, or whether to enter on a visit visa, get married and leave again for work...is just confusing!

Any thoughts greatly appreciated.

[Guest]

Tbh I doubt either of the partner visa options are ones you could apply for. You are long distance dating by the sounds of it, not in a de facto relationship.

The 300 PMV comes with work rights, allows your to marry in Aus and then apply for the on shore partner visa . Which also has work rights. 

https://www.homeaffairs.gov.au/trav/visa-1/300-/Prospective-Marriage-visa-(subclass-300)-document-checklist#tab-content-0

[rammygirl]

Can’t apply for a prospective marriage visa until you are both free to marry, ie divorced.

Have you checked to see if you qualify for a skilled visa?

[TheWayOfThePony]

I was living in the UK and in a long distance relationship with my Australian fiance for a year before applying for the 300 - like you, visiting each other as often as we could. So I don't think distance/not living together is necessarily an obstacle, as long as you can prove your relationship is genuine and continuous (=regular chat/emails/phone call logs etc).

300 gives you working rights, so you could get a job as soon as it is granted.

But yes separation with former spouses is not enough. You both need to get the divorces formally settled before doing anything.

[TellHimHesDreamin]

Thanks for the comments so far...

5 hours ago, snifter said:

Tbh I doubt either of the partner visa options are ones you could apply for. You are long distance dating by the sounds of it, not in a de facto relationship.

Bit more than long distance dating. We have been in a relationship for over 18 months, flight tickets all over the world meeting up, hotel bills, HUGE phone call logs etc, joint party invitations, joint savings accounts, photos of social events, wedding invitations...small things that all add up. 

So...once divorces are finalised, being offshore and continuing to work off shore will not stop a 300 application? And once granted, I can still come and go as I please for work purposes, yet apply for jobs knowing I have the right to work in Oz and then at the same time, organise our wedding? I believe that once the 300 is granted, and we marry, I can then apply for the 820? Reading some more about it, it seems I need to be in Australia when making the application and when the 820 is granted, but then I can be outside of Australia when the 801 is granted - what if I am overseas working when the 820 is granted...does this void the visa?

And is the only difference between the 820/801 and the 309/100 visa, your location when applying?

Once again, thank you all for the advice.

[TellHimHesDreamin]

4 hours ago, rammygirl said:

Can’t apply for a prospective marriage visa until you are both free to marry, ie divorced.

Have you checked to see if you qualify for a skilled visa?

I'm struggling to see if I qualify or not. On the Australian Visa Bureau website, my occupation is on the SOL, but when I go to take the assessment, I cannot find it in the drop down...!? https://assessments.visabureau.com/australia/assessment/skilled/default.aspx

[Marisawright]

I understand why neither of you bothered with your divorces.  I did the same - I didn't get around to it until about 4 years after my marriage broke up.   We had parted reasonably amicably so hadn't had to go to court to split our belongings, and there just didn't seem to be any need.  

The bad news is that Immigration may not view it that way, and there's a chance they might say that your new relationship can't be "the equivalent of marriage" (which is what's required) while you are still legally married to someone else.  Which would mean your clock won't even start until your divorces are finalised, so I'd suggest getting on to that pronto!

[TellHimHesDreamin]

4 minutes ago, Marisawright said:

I understand why neither of you bothered with your divorces.  I did the same - I didn't get around to it until about 4 years after my marriage broke up.   We had parted reasonably amicably so hadn't had to go to court to split our belongings, and there just didn't seem to be any need.  

The bad news is that Immigration may not view it that way, and there's a chance they might say they won't regard your new relationship as "the equivalent of marriage" (which is what's required) until your old marriages have been dissolved.  Which means your clock won't even start until your divorces are finalised, so I'd suggest getting on to that pronto!

Same...amicable separation, but yes...it now needs sorting ASAP! 

Although there doesn't seem to be any length of relationship criteria against the 300 visa?

[Marisawright]

7 minutes ago, TellHimHesDreamin said:

Same...amicable separation, but yes...it now needs sorting ASAP! 

Although there doesn't seem to be any length of relationship criteria against the 300 visa?

You're right, if you're going to go for the 300, then there's no time period

[rammygirl]

The SOL is no more. Use the official government website. https://www.homeaffairs.gov.au/Trav

[VERYSTORMY]

In order to apply for a partner visa, you need to prove you have been in a de facto relationship for a minimum of 12 months. A de facto is the same as married without the legal piece of paper, so for example, living together for twelve months. From what you have posted, you would not satisfy that test. Your best bet, is likely to wait until both divorces are complete and then apply for a prospective marriage visa. This would allow you to move to Oz with work rights pending you getting married. 

[TellHimHesDreamin]

12 minutes ago, rammygirl said:

The SOL is no more. Use the official government website. https://www.homeaffairs.gov.au/Trav

Perfect...thank you. 

Looks like I would be eligible and even go for the 189 (Skilled Independant Visa). So how would this fit in with a future partner visa application? Or would I simply not need to go down that route, live work and get married under the 189 visa, and at the right time, just apply for citizenship?

[rammygirl]

A 189 would give you PR and citizenship quicker than a partner visa. If you qualify and have enough points I would go for that. 

[Marisawright]

2 hours ago, rammygirl said:

A 189 would give you PR and citizenship quicker than a partner visa. If you qualify and have enough points I would go for that. 

Sounds good in theory, but the 189 is more of a lottery - you can have all the qualifications and experience necessary for the visa, but that means nothing.  It's a competition.  While you only need 65 points to apply, right now no one with minimum points is getting a look-in because there are so many people with 70 or 75 points.

[Nemesis]

Assuming you go down the 300 route, which would seem to be the most logical, your main issue will be if you continue to work offshore whilst waiting for the 820, and in turn the 801. You'll need shedloads of evidence as to how you sustain the relationship while apart, how much you visit, etc etc .

Ours was refused largely on the grounds that my husband has a job in the UK which paid better than anything he could get as a temporary (820) resident in oz. Hence he did not move permanently but spent several months at a tie in each country. I stayed in oz (though visited him in the uk) as my job there was very well paid too. The plan was for him to get a permanent job once he had the 801 and set up a permanent home in oz. Immigration stated that it could not be a genuine marriage if we spent so much time apart. As an older couple we were well able to deal with the separation and the planned reunion, but they seemed to think we should be wanting to jump on each other at an opportunity and should not be able to survive apart.  His 801 wasrefused and I returned to the UK to live with him there. 

So be careful if you are planning to work offshore, you need lots and lots of evidence of the relationship! Good luck.

[Noodlejaffa]

Get on with the divorces ASAP. That's what held my fiance and I up with applying for my PMV 300. That was our only stumbling block but one that took way longer than anticipated. Never under estimate the time involved in any of the visa process. And patience is most definitely a virtue! 

[MaggieMay24]

It's possible you could meet the requirements of de facto, but I'd suggest you speak with a good migration agent who can assess the complete situation with you.  @wrussell, @Raul Senise or @Alan Collett could assist with this.