Please help a confused Brit about the 309/100

[LottyC]

Hi

So the last few weeks have been a bit of an eye opener with regards to the visa options... I've been with my Australian husband for 7 years and we married in April of this year (we live in the UK). I originally looked into the Skilled Regional Worker visa as thought it would be the quicker and cheaper option, but I didn't realise you need a permanent job offer before you can put in your visa application - very frustrating.

So now I want to pursue the 309/100 route and just suck up the $7000 fee. I don't think we will have any issues as we are married, own a house together, have a joint account etc., but I'm getting really confused with the different information gleamed from the government websites and other forums. My main questions are:

1) What documents should I be preparing for the 309 temporary visa? Do I submit them straight after I apply? I've seen the 'Form 80' and 2 x 'Form 888' requirements, but don't know if this is for the temporary application or not?

2) Can I apply for the permanent 100 visa straight after I submit the 309 application? (the website says they won't look at this until two years after you have been granted your temporary visa)

3) At what point should I be looking to get police checks and a character reference check etc. carried out and submitted? Is there a comprehensive checklist with timeframes that anyone has come across?

I apologise for waffling on, but with my husband's visa running out in March next year and having made the decision to make the move, I just want to crack on with applying but make sure I do it accurately!

Thank you in anticipation.

[TheWayOfThePony]

Hello!

The process is, you apply for the 309 (i.e submit all documents required for a 309) and should you qualify for a 100 you can get that one in the same breath too (I think you get the grant for the 309 first, and the grant for the 100 comes a few days later; it's all automatic, just send them an email if the grant for the 100 doesn't come after a few days).

In order to qualify for a 100 straight away you need to have been married/in a long term relationship for over three years (or over two years if you have a dependent child).

Sounds like you qualify so what you need is to prove you and your husband have been in a (1) committed relationship (2) for 7 years: wedding certificate, evidence that you have been living together for X years, bills with both names on it, will, life insurance, etc. And do hammer the fact in your personal statement: Case Officers deal with so many cases, you really need to make life easier for them and spell things out.

The documents you should provide in your application: they are listed on the Home Affairs website https://www.homeaffairs.gov.au/trav/visa-1/309-  ; I'd advise to prepare them in advance. Once you've gathered them, you create an Immiaccount, pay for the visa, THEN upload all your evidence on the dedicated page (it's all signposted but basically it looks like this https://partnervisa820uploadguide.neocities.org/ ). Be aware that there is a limit of the number and size of files you can upload (60 docs for you, 60 docs for your sponsor; max size is 5Mb per document).

Regarding the Police/Health check, you can either upload them straight away, or wait until a Case Officer contacts you and requests them; you'll find advocates for both approaches; front-loading the application makes the processing faster according to some; others say that given the fact applications can take a while to process and that checks expire after a year (making it necessary to do those checks all over again if your application has not been processed), it's a risk. It's up to you.

 

Good luck!

[Marisawright]

Don't worry if, for some reason, you don't get the 100 visa straight away.  Although the 309 is temporary, it doesn't mean you're going to get chucked out at the end.  The reason for the temp visa is, basically, to catch people who get married just to get the visa and who probably won't still be together at the end of the two years!   As you'll still be together at that time (assuming all this stress doesn't lead to a meltdown, LOL), you'll have no trouble being granted the 100.

As you're applying from the UK and the processing time is fairly short, you could get the Police/health check done to avoid any delays.

Edited July 4, 2018 by Marisawright

[LottyC]

Thank you very much for this, I get confused by forms at the best of times...

So I've already gone through and completed the 27 page form on my Immiaccount for the 'Stage 1 - 309 visa'. If they grant the 100 a short time after, do I need to complete the 'Stage 2 - 100' section straight afterwards, or do I not need to complete it? 

Are there guidelines for how I go about getting the police and health checks?

Lastly, once granted, is there a timeframe in which you then have to move over there before the visa expires?

Thank you again - this has been so helpful (love this forum!)

[LottyC]

And hopefully the stress doesn't break us up haha!

[Marisawright]

BTW did I see a mention of your husband's visa expires in March.  You may already be aware of it, but just in case - you do understand that if he lets his visa expire, you'll struggle to move back to the UK if you ever want to? 

If you think applying for the Australian partner visa is a headache, you should check out the British one. 

Edited July 4, 2018 by Marisawright

[TheWayOfThePony]

11 hours ago, LottyC said:

Thank you very much for this, I get confused by forms at the best of times...

So I've already gone through and completed the 27 page form on my Immiaccount for the 'Stage 1 - 309 visa'. If they grant the 100 a short time after, do I need to complete the 'Stage 2 - 100' section straight afterwards, or do I not need to complete it? 

Are there guidelines for how I go about getting the police and health checks?

Lastly, once granted, is there a timeframe in which you then have to move over there before the visa expires?

Thank you again - this has been so helpful (love this forum!)

I'm not sure about the other enquiries you have, but as for the checks:

Police check: you need one for each country where you have cumulatively spent over 12 months over the past ten years; that means if for instance you reside in the UK but regularly go to, I don't know, Spain for holidays, you might need to do a police check for Spain (on top of a check for the UK) if all those holidays amount to +12 months for the past ten years. 

A police check in the UK is easy, you can apply online (https://www.acro.police.uk/Police_Certificates_Online.aspx). The check takes about 10 days and costs 45 GBP (or 80GBP if you request an express service that gets your check done in 2 days).

The health check: have a read through here https://www.homeaffairs.gov.au/trav/visa/heal/meeting-the-health-requirement/arranging-a-health-examination
It will explain how to get your Health identifier number (called a HAD ID), which you will need to arrange your examination. You also need to have the examination done by a panel physician (not your regular GP). Here is a list of all the panel physicians for the UK: https://www.homeaffairs.gov.au/about/contact/offices-locations/united-kingdom 

The forms are daunting, but just go about it methodically, section by section, and don't rush it 

[LottyC]

Yes Marisawright it expires in March. He has been on an ancestry visa every time he has been here (as his grandfather was English), which allows him 5 years at a time, so hopefully we could apply for this again if needed - information tells me that we can.

So I've now collated:

• Form 80
• 2 x Form 888
• All proof of ID for both
• Address history
• Endorser details
• Marriage certificate
• Mortgage Annual statements
• Tenancy Agreements
• Proof of joint accounts
• Joint bills
• Lots of joint holiday e-tickets
• Joint wedding invites for friends

Just need to tackle the statement confirming we are in a continuing and genuine relationship; the health check app and a police check for the UK and Aus.

I hope they are quite lenient if you forget anything after applying and it doesn't set me back too much time wise...

THANK YOU both again - you've been brilliant

[Marisawright]

35 minutes ago, LottyC said:

Yes Marisawright it expires in March. He has been on an ancestry visa every time he has been here (as his grandfather was English), which allows him 5 years at a time, so hopefully we could apply for this again if needed - information tells me that we can.

 

Wouldn't it be easier if he just applied for Indefinite Leave to Remain?

https://www.gov.uk/settle-in-the-uk/y/you-have-a-uk-ancestry-visa

[LottyC]

I know but unfortunately it's another £3k which we just don't have...if it wasn't for the fact I am also flying our cat over with us, I could have used the money from that!!

If I were a few years younger then we would have the time to wait to get this and save some more money, but I'm not and we want to start a family sooner rather than later. I just want to be over in Aus and get fully settled and nested before we do this. Even when we (hopefully) sell our house we want to use the money to try and put a deposit together for a house over there so every penny counts.

If we manage to save and scrimp then we will definitely look into this option as well

[TheWayOfThePony]

On 05/07/2018 at 17:37, LottyC said:

Yes Marisawright it expires in March. He has been on an ancestry visa every time he has been here (as his grandfather was English), which allows him 5 years at a time, so hopefully we could apply for this again if needed - information tells me that we can.

So I've now collated:

• Form 80
• 2 x Form 888
• All proof of ID for both
• Address history
• Endorser details
• Marriage certificate
• Mortgage Annual statements
• Tenancy Agreements
• Proof of joint accounts
• Joint bills
• Lots of joint holiday e-tickets
• Joint wedding invites for friends

Just need to tackle the statement confirming we are in a continuing and genuine relationship; the health check app and a police check for the UK and Aus.

I hope they are quite lenient if you forget anything after applying and it doesn't set me back too much time wise...

THANK YOU both again - you've been brilliant

Seems like you got your evidence covered, don't forget to organise it neatly (give a self-explanatory title to each file, e.g. "applicant_proof_of_id.pdf", and write a short caption explaining what's going on if the document is not self-explanatory; for instance in the case of pictures, indicate when it was taken, what's the occasion, who's in the picture etc). It's like giving a Powerpoint presentation about your relationship to someone who's never heard about you and your partner after all  

And they are not monsters if my own application is anything to go by  there was a form our migration agent hadn't provided (can't remember which one it was, possibly 80? a long one anyway!) and the CO contacted him requesting we send it to them, along with more pictures of us; we were given a 28 days deadline. So they do give you a chance to rectify a thing or two!

Good luck

[MaggieMay24]

If you can provide evidence of being de facto for 2 years before you married (so 3 years of de facto/married relationship), you should strongly consider doing this.  The second stage visa 100 you only submit the evidence 2 years after lodging your 309 application.  So if you were to lodge the 309 application today, you'd submit updated evidence documents (covering the 2 years starting today), approx. July 2020.  If the 100 is anything like the onshore equivalent (801), then it could take another 2 years to get the 100 visa.  So that's essentially almost 4 years until you get a PR visa.  No point going through all that if you can prove now that you've got at least 3 years of de facto/married relationship.

[LottyC]

So just to clarify, all I need to do is provide my 7 years' worth of evidence when I apply for the 309, and then I should automatically be granted the 100 a few days later without having to do anything else?

[Beffers]

1 hour ago, LottyC said:

So just to clarify, all I need to do is provide my 7 years' worth of evidence when I apply for the 309, and then I should automatically be granted the 100 a few days later without having to do anything else?

You apply for the 309/100, submit all your evidence, and you'll get the 309 and 100 on the same day, if your evidence is enough to warrant you going straight to the 100. My 100 came thru by email five minutes after my 309 was granted.

[LottyC]

So on the immiaccount, which of the attached options should I be selecting:

1) Sponsorship for a Partner to Migrate to Australia

2) Stage 1 - Partner or Prospective Marriage Visa

3) Stage 2 - Permanent Partner Visa assessment

In my head I didn't think I could select the first option, as I thought this was to try and waiver the fee. I thought I had to do it through stage 1 to pay the £4k charge? Sorry if I'm being extremely thick.

 

 

[Jon the Hat]

You need Stage 1.  You will submit that, pay the fee then you can upload your documents.  Once this is done your partner then completes the Sponsorship application.  You can do this on one account.  They are going to change the process to require the sponsor application be approved first, but i don't think they have done that yet.

[LottyC]

Okay that's great. Last two questions for now (fingers crossed):

1) I've started the ball rolling for my police checks for Aus and UK. I've had acknowledgement that they've been applied for (and an email for the Aus one saying that it's been completed already) but I haven't got the certificate yet. Can I apply, attach confirmation of application and add those at a later date? Same with the health check, should I apply and wait for a case officer to request me to do this, or should I already have started the ball rolling?

2) I've completed the P80 as part of my application to upload. Two of the questions are confusing (attached):

-  Answering 'no' to Q21., why does it then ask me why I am travelling to Australia?

- Should I be saying 'yes' or 'no' to Q.24? I am applying for a temporary visa but I obviously want the perm 100 visa...

 

 

[Beffers]

27 minutes ago, LottyC said:

So on the immiaccount, which of the attached options should I be selecting:

1) Sponsorship for a Partner to Migrate to Australia

2) Stage 1 - Partner or Prospective Marriage Visa

3) Stage 2 - Permanent Partner Visa assessment

In my head I didn't think I could select the first option, as I thought this was to try and waiver the fee. I thought I had to do it through stage 1 to pay the £4k charge? Sorry if I'm being extremely thick.

 

 

Stage 1 - 309/100 and pay your fee. They'll process your 309 and assess you for the 100 on the basis of your evidence at the same time. You don't pay again for the 100. 

[Beffers]

13 minutes ago, LottyC said:

Okay that's great. Last two questions for now (fingers crossed):

1) I've started the ball rolling for my police checks for Aus and UK. I've had acknowledgement that they've been applied for (and an email for the Aus one saying that it's been completed already) but I haven't got the certificate yet. Can I apply, attach confirmation of application and add those at a later date? Same with the health check, should I apply and wait for a case officer to request me to do this, or should I already have started the ball rolling?

2) I've completed the P80 as part of my application to upload. Two of the questions are confusing (attached):

-  Answering 'no' to Q21., why does it then ask me why I am travelling to Australia?

- Should I be saying 'yes' or 'no' to Q.24? I am applying for a temporary visa but I obviously want the perm 100 visa...

 

 

Say No at 21, then include any provisional dates for travel at 22 (in case you were going on a reccie etc, mainly cos you have to be offshore for visa to be granted and if your CO knew you were in Oz at a certain time, then they know not to grant u til you're out of country ) then say No at 24.i

 

and attach evidence that you've applied for police checks, and yes you can upload later.

Edited July 10, 2018 by Beffers

[Beffers]

28 minutes ago, Jon the Hat said:

You need Stage 1.  You will submit that, pay the fee then you can upload your documents.  Once this is done your partner then completes the Sponsorship application.  You can do this on one account.  They are going to change the process to require the sponsor application be approved first, but i don't think they have done that yet.

Yeah I'd heard that about the sponsor being approved first, and also that they're going to have to jump thru more hoops to get that approval. Don't know what else they could ask! 

[LottyC]

Thanks for your help both - greatly appreciated

[Beffers]

1 hour ago, LottyC said:

Thanks for your help both - greatly appreciated

No worries - this forum kept me sane last year when I was doing mine lol. Good luck!!

[LottyC]

Surprise surprise, I have another question...!

 

I have submitted my application, my bank account hates me but I feel a sense of relief! Just waiting on the completed witness statements to upload tonight, my actual police certificates to arrive (have uploaded proof of application) and have booked in my medical for 3rd August (another punch to the gut that it is £310, but worth it I hope!!). If they ask me for further evidence of certain things then I will be able to search further and provide this without too many issues hopefully. Fingers crossed it isn't required...

Looking at the document submission, it now appears to have changed from the example mentioned by The Way of The Pony. It allows me to upload 100 documents each for me and my husband and doesn't seem TOO overwhelming with the categories (although a couple are ambiguous). This is good as I have duplicated the upload of a number of files as they fit into more than one category, e.g. my passport is used for my travel document, proof of ID, a form of photo, proof of name and so on. I have ignored the categories that I don't think are required for my visa type.

So under the documents I can upload for my husband, it mentions a Form 40SP for a sponsor whose partner plans to move to Australia. Can anyone confirm whether this is a requirement?

 

Thank you

[Jonleahy]

On 05/07/2018 at 17:07, LottyC said:

Yes Marisawright it expires in March. He has been on an ancestry visa every time he has been here (as his grandfather was English), which allows him 5 years at a time, so hopefully we could apply for this again if needed - information tells me that we can.

So I've now collated:

• Form 80
• 2 x Form 888
• All proof of ID for both
• Address history
• Endorser details
• Marriage certificate
• Mortgage Annual statements
• Tenancy Agreements
• Proof of joint accounts
• Joint bills
• Lots of joint holiday e-tickets
• Joint wedding invites for friends

Just need to tackle the statement confirming we are in a continuing and genuine relationship; the health check app and a police check for the UK and Aus.

I hope they are quite lenient if you forget anything after applying and it doesn't set me back too much time wise...

THANK YOU both again - you've been brilliant

Hi we were in a similar situation a number of years back my wife was over here on an ancestry visa just before it expired we applied for an extension but as far as I remember we also looked for her visa to be changed over to a partners visa. Before the visa was granted we had complications and my wife had to return to Australia. Long story short our local MP office had to get involved and my wife was granted with a 4 year extension / partner visa.

As has been said the UK visa process is worse and ends up being more expensive than the Australian process.

[Quoll]

I know cash is tight but if you can get your husband's UK citizenship you would be wise to do that.  You never know if and when they are going to change the goal posts and do something with the Ancestry visa.  Also, it's a working visa so if you move back at a time of life when he wouldn't be working that could be a problem.  If he's been there long enough to apply for citizenship, do it! Belt and braces and all that.