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Other types of visas? - Just want to make sure!


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Hello there!

In short, on the immi account we have filled out the 27 pages of the 'Partner or Prospective Marriage Visa (300,309/100,820/801)'  and will submit the application once we find $7,000 (or £4,000)...I was just wondering two things...

1. is it worth hiring a migration agent to double check this is all accurate? and/or

2. is there a different type of visa my husband could arrive on and stay indefinitely?

I am an Australian and British citizen, as are both our daughters (born in UK, with Australian citizenship by descent).  My husband is a police detective and although I know he'll have to start all over again when we move there, does the fact that he's in law enforcement help at all?  I am presuming this is the best visa to go for as we plan on staying indefinitely but I wanted to make sure and hear your views/advice.


Thank you ?

PS: I also started posting a while ago about this move but put things on hold and I am now looking into it all again as we hope to arrive Jan 2020.

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If you are properly married and in a genuine relationship, you don't have health issues and no criminal history then there's not much point in hiring an agent. All they would do is fill in the form for you - which you have already done. If there is an issue, the case officer will give you a chance to correct it. The agents are useful when an applicant cannot cope with paperwork, has limited English language ability, where there are health or criminal issues, or when you are trying to make out that a few months of dating should count as a de facto. 

No idea about other visas, but I cannot believe Australia is short of policemen. 

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How long have you been together? 

I'd say for for the 309/100 and providing your evidence is worthy and you've been together for a number of years, the. He would qualify for the 100 permanent residency straight away. 

We had been together for 14 years, me British and Aussie hubby and a daughter with both passports, who was almost 6. We had 12 years of defector evidence, and our Stat Decs and own Statements backed all this up. We had enquired at Australia House in Londom and they said providing we were fastidious with our paperwork, and told us how to present the information, and not to bother with an agent, so we did ourselves and it took 3 months from start to fi ish last heR and we went straight to PR. We've now been in Australia just over a year.

That said, Partner Visas have been under a lot of scrutiny and you'll have read elsewhere on this Forum that some refusals and appeals have been discussed, so you may wish to discuss your application with an Agent to reassure yourselves that it's the best option for you.

In terms of his career, I wondered whether my own government clearance had given me a quick turnaround but I don't know that it did make a difference, or whether we were just lucky. 

Whatever you decide, good luck!!!

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Thank you both. Very helpful advice.

 

Beffers - your situation is similar to ours, only I'm the Aussie and he's the Englishman.  Our girls are dual nationals.  We've been together for 13 years.  So it appears we will stick with the 309 visa and get it sent off as soon as we come up with the funding.  The form has not asked me for any proof of finances/mortgage/family life etc like people have mentioned, I've not had to attach any documents to the application - only fill out sections regarding our home/money/relationship/social circumstances.  I hope I'm not missing something! 
How did it all go for you once you arrived?

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1 hour ago, AussieBeth10 said:

Thank you both. Very helpful advice.

 

Beffers - your situation is similar to ours, only I'm the Aussie and he's the Englishman.  Our girls are dual nationals.  We've been together for 13 years.  So it appears we will stick with the 309 visa and get it sent off as soon as we come up with the funding.  The form has not asked me for any proof of finances/mortgage/family life etc like people have mentioned, I've not had to attach any documents to the application - only fill out sections regarding our home/money/relationship/social circumstances.  I hope I'm not missing something! 
How did it all go for you once you arrived?

You will be given access to a screen once you've submitted which allows you to upload all the evidence. You get a limited number of uploads and so put things together in compilation PDFs. We uploaded loads of evidence, so start compiling all your files now. It takes a fair bit of time to get it all together. 

Edited by Beffers
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You actually don't need loads of evidence if you are married, just examples of evidence that tick the boxes that are set out in the guidance notes. The piles of evidence become necessary for proving a de facto relationship where you are expected to show evidence for every month of the past year. 

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12 minutes ago, Quinkla said:

You actually don't need loads of evidence if you are married, just examples of evidence that tick the boxes that are set out in the guidance notes. The piles of evidence become necessary for proving a de facto relationship where you are expected to show evidence for every month of the past year. 

I don't know about that as I know of people who did not submit enough evidence exactly for that reason - they thought because they were married, that would be enough, and they were refused and now have to appeal. Maybe one of the migration agents can confirm.

We had been together for 14 and defacto for 12 with 1 child and we still submitted life insurance, wills, copies of bills (one per year going back over a decade), annual rental/mortgage statements for over a decade, copies of car insurance in both names, joint bank statements (annotated to show household and Childcare expenses being paid), also evidence showing social and travel aspects of our relationship, 4 x Stat Decs from friends, our own statements, plus usual copies of passports, marriage certs,  and stuff.  We separated out different evidence types and uploaded in single PDFs with cover sheets, with a title and bullet points of what follows, so Case Officer could see exactly how it all linked together. He wrote me an email afterwards confirming it was a well put together application. 

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18 hours ago, Quinkla said:

Anything older than a year is really not relevant. You have to address each of social, financial, home and relationship. Each of these can often be done with two or three pieces of evidence. 

We were told directly by Australia House in London that bank statements covering a year or two only wouldn't cut it, and they would only grant a 309 as there would be insufficient evidence for a 100 immediate grant.  They said if we wanted to go to the 100 straight away, we needed to prove longevity and have the evidence to back this up, hence why they told us one bill per year and mortgage statements for the same, to prove beyond contestation that we were a long term couple. We took their advice seriously and it worked as we got our 100 in 12 weeks and the email about a good application.

Also, Theres also another post on here by a lady who had her visa refused recently as she didn't provide the longevity of evidence and now she has to appeal. I personally wouldn't risk not putting enough in. 

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I'm not going to wade into the use an Agent or not as it always turns nasty, but you may want to look at this thread about a married couple with children being refused: See here.

Be careful about obtaining advice from the Immigration Department as this is not their function and they are not liable. There are many threads here about people being given incorrect advice. 

Just in regard to the advice about not providing evidence older than a year. I disagree with this advice if you are trying to be approved straight to PR (which in your circumstance you should), as you will need to evidence a long term relationship. 

 

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Thank you all. This is very helpful. While we're waiting for the funds to send off the application I will get cracking with compiling as much evidence as I can about the last decade we've been together. I plan on submitting as much evidence as I can, going back as far as I can.   Am I right in saying they ask for this evidence AFTER we've paid the fee, because I can't see it on the immi application page.

Also, I've just submitted our 2nd daughter's citizenship by descent application - wish us luck! the first one came through just fine so I'm hopeful for no problems ?

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