Charbel22 Posted November 16, 2018 Share Posted November 16, 2018 Hi all, Names Michael and I currently reside in Adelaide, Australia. My partner lives in Syria and we only got married in September in Syria. My trip was short ( 8 weeks) as I work full time and had do it all within this period. Been back for few weeks now and it’s already seeming to be extremely daunting reading through all these posts. I have been studying the visa process for months now and have prepared my documentation accordingly. Snapshot of my situation. Partner lives in Syria, never lived in or travelled to any other country. Been together for around a year and got engaged in July, married in September. Partner: No kids, convictions or military service. Police clearance, (new)passport, and all ID paperwork ready, certified , transalted and in colour. Im an Australian Citizen , lived here for 30 years. I know the 309 takes time. We don’t want to be apart as it’s already getting tough, so we discussed the possibility of applying for a 309 and then applying for a tourist visa ( sponsored if required) to shorten that time we will be spending apart and then she will return home. Is this possible? I’m currently on the lookout for a migration agent who has dealt with partner visa from the Middle East who can assist me with this and am grateful to anyone else on here that can share there experiences as we start this long journey. Thank you Quote Link to comment Share on other sites More sharing options...
wrussell Posted November 17, 2018 Share Posted November 17, 2018 It might have been a good idea to have consulted a RMA before committing to a course of action. Quote Link to comment Share on other sites More sharing options...
Charbel22 Posted November 17, 2018 Author Share Posted November 17, 2018 Hi Wrussel, Which course of action is that? I havnt done anything yet hence me coming on to this forum for advice. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted November 17, 2018 Share Posted November 17, 2018 (edited) 34 minutes ago, Charbel22 said: Hi Wrussel, Which course of action is that? I havnt done anything yet hence me coming on to this forum for advice. I think he means getting married. It would have been easier to bring her on a Prospective Marriage visa but too late now. Edited November 17, 2018 by Marisawright Quote Link to comment Share on other sites More sharing options...
Charbel22 Posted November 17, 2018 Author Share Posted November 17, 2018 Yeh bringing her here without us being married was definitely not possible in our situation. Quote Link to comment Share on other sites More sharing options...
wrussell Posted November 17, 2018 Share Posted November 17, 2018 1 hour ago, Marisawright said: I think he means getting married. It would have been easier to bring her on a Prospective Marriage visa but too late now. Precisely! Quote Been together for around a year and got engaged in July, married in September. It is quite p[possible to finish up married and with no visa. Quote Link to comment Share on other sites More sharing options...
Charbel22 Posted November 17, 2018 Author Share Posted November 17, 2018 Thanks Westly but my situation is also quiet common. I came on here to ask a question regarding my CURRENT ( key word there) situation mainly around the sponsored family visa while waiting for my 309 so my wife and I can be together. Ridicule me but don’t in any way try to help with my enquiry. If all migration agents are like you then we are all in big trouble. Cheers! Quote Link to comment Share on other sites More sharing options...
wrussell Posted November 17, 2018 Share Posted November 17, 2018 If all migration agent were like me there would be no finalised partner visas refused - touch wood. It might have been possible to lodge a 300 then wed and run it as a 309 at no further cost and with better prospects and there might have been other strategies that you have eliminated. What I was trying to suggest was not to DIY and then ask for advice, not for you in particular, but for others inclined to follow your example. Quote Link to comment Share on other sites More sharing options...
wrussell Posted November 17, 2018 Share Posted November 17, 2018 Statistics from the Australian Immigration department show the calculation of people who arrive on a Visitor visa, but become illegal in Australia for non departure reasons, and this is published each quarter. The Modified Non-Return Rate is used as an indicator of Visitor visa compliance, and may be considered by decision-makers when assessing visa applications. Look this up and see where Syria stands. Too late now, but can you work out how might it might have been a good idea to have lodged a visitor visa application, even if it was refused, before lodging a partner application? . Quote Link to comment Share on other sites More sharing options...
Charbel22 Posted November 17, 2018 Author Share Posted November 17, 2018 DIY then ask for advice? I have done nothing yet and came here for advice and not to be used as an example of what not to do as you pointed out. Your basically telling me “ your issue with your partner visa is your married “, how is that in any way shape or form assisting me at all? It’s my current situation. Again not even bothering with trying to answer my question or trying to help in the slightest. Kindly jog on, your dealing with real people in real situations not statistics and $$. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted November 17, 2018 Share Posted November 17, 2018 (edited) 1 hour ago, Charbel22 said: Thanks Westly but my situation is also quiet common. I came on here to ask a question regarding my CURRENT ( key word there) situation mainly around the sponsored family visa while waiting for my 309 so my wife and I can be together. Ridicule me but don’t in any way try to help with my enquiry. If all migration agents are like you then we are all in big trouble. Cheers! He's not wrong, you know....my husband and I know only too well that it is very possible, especially in recent years, to find yourself with a partner who is refused permanent residence (and we did use an agent). Are you prepared to move to Syria if necessary? Edited November 17, 2018 by Nemesis 1 Quote Link to comment Share on other sites More sharing options...
Drumbeat Posted November 17, 2018 Share Posted November 17, 2018 10 minutes ago, Charbel22 said: DIY then ask for advice? I have done nothing yet and came here for advice and not to be used as an example of what not to do as you pointed out. Your basically telling me “ your issue with your partner visa is your married “, how is that in any way shape or form assisting me at all? It’s my current situation. Again not even bothering with trying to answer my question or trying to help in the slightest. Kindly jog on, your dealing with real people in real situations not statistics and $$. God, you're rude. 4 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted November 17, 2018 Share Posted November 17, 2018 Your biggest problem is that a 309 visa requires you to have been in a relationship which is the equivalent of marriage for at least 12 months. Dating does not count. Since I assume that culturally, it was impossible to have that kind of relationship prior to the actual marriage, then you are indeed at the start of a long journey. Your 12 months started on your wedding day and not before. You cannot apply for the 309 until you have completed the 12 months. During that time, you need to gather evidence that your relationship is genuine. Just being married is not enough. You need to show shared finances, shared activities, shared decisions, and regular communication. I know it's difficult to get leave, but you should aim to be together as often as possible during that time. You are right to want to engage an agent, because it is going to be difficult to prove a genuine relationship if you have never lived together, so you need an expert to advise how best to approach it. @Raul Senise a reputable agent who frequents these forums. 1 Quote Link to comment Share on other sites More sharing options...
Quoll Posted November 18, 2018 Share Posted November 18, 2018 Have you thought about going to live with her in Syria and get the evidence to support your application of a genuine relationship. Once you've got your year together then put in your application. You'll at least be together which seems to be your aim. Partner visas from HR countries always take much longer anyway so plan on being away a few years. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted November 19, 2018 Share Posted November 19, 2018 On 18/11/2018 at 09:54, Marisawright said: Your biggest problem is that a 309 visa requires you to have been in a relationship which is the equivalent of marriage for at least 12 months. Dating does not count. Since I assume that culturally, it was impossible to have that kind of relationship prior to the actual marriage, then you are indeed at the start of a long journey. Your 12 months started on your wedding day and not before. You cannot apply for the 309 until you have completed the 12 months. During that time, you need to gather evidence that your relationship is genuine. Just being married is not enough. You need to show shared finances, shared activities, shared decisions, and regular communication. I know it's difficult to get leave, but you should aim to be together as often as possible during that time. You are right to want to engage an agent, because it is going to be difficult to prove a genuine relationship if you have never lived together, so you need an expert to advise how best to approach it. @Raul Senise a reputable agent who frequents these forums. There's no requirement to be married for 12 months for a 309 visa, I'm not sure where you got that information from but it's incorrect. On 17/11/2018 at 16:54, Charbel22 said: DIY then ask for advice? I have done nothing yet and came here for advice and not to be used as an example of what not to do as you pointed out. Your basically telling me “ your issue with your partner visa is your married “, how is that in any way shape or form assisting me at all? It’s my current situation. Again not even bothering with trying to answer my question or trying to help in the slightest. Kindly jog on, your dealing with real people in real situations not statistics and $$. Although you may have had an easier time from a visa perspective if you'd done the PMV first, your situation isn't uncommon and with a migration agent's assistance, you can probably still put together a fairly strong application. Despite the blunt message, WRussell is highly recommended from others and I'd have zero hesitation to use him myself for a visa application. He'll give you the facts and will let you know what you need for the best application package possible. 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted November 19, 2018 Share Posted November 19, 2018 2 hours ago, MaggieMay24 said: There's no requirement to be married for 12 months for a 309 visa I know, that’s not what I said. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted November 19, 2018 Share Posted November 19, 2018 7 hours ago, Marisawright said: I know, that’s not what I said. No,what you said was "a 309 visa requires you to have been in a relationship which is the equivalent of marriage for at least 12 months" That isn't true. Being married, or being in a registered relationship, removes the need for a 12 months de facto relationship. You can apply for a 309 the day after you get married, having never lived together before that point, and as long as you can show a committed and ongoing relationship then you meet the requirements for the 309. I've seen you state before that a 309 requires the 12 moths living together,and I can't understand where you get it from because as MaggieMay says, its just not true. Being married replaces the need for any de facto relationship. Quote Link to comment Share on other sites More sharing options...
Charbel22 Posted November 19, 2018 Author Share Posted November 19, 2018 Thank you for the replies. This is why I have not bothered coming back on here for any sort of help , cheers and good day. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted November 19, 2018 Share Posted November 19, 2018 32 minutes ago, Charbel22 said: Thank you for the replies. This is why I have not bothered coming back on here for any sort of help , cheers and good day. I don't really know what advice you were looking for? Your partner can apply for a 309, asyou are married, but its a high risk country and will take some time. For a visitor visa you would have to show no intent to overstay, it a high risk country and they don't grant tourist visas for there easily. Even applying for a partner visa you may not be successful, hence my question as to whether you are prepared toleave Australia and move to Syria to stay together. We've clarifed for you that you do not need 12 months living together in order to apply for the 309. And if you need an agent, there is a good one who has posted on this very thread....... 3 Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted November 19, 2018 Share Posted November 19, 2018 On 17/11/2018 at 09:37, Charbel22 said: Hi all, Names Michael and I currently reside in Adelaide, Australia. My partner lives in Syria and we only got married in September in Syria. My trip was short ( 8 weeks) as I work full time and had do it all within this period. Been back for few weeks now and it’s already seeming to be extremely daunting reading through all these posts. I have been studying the visa process for months now and have prepared my documentation accordingly. Snapshot of my situation. Partner lives in Syria, never lived in or travelled to any other country. Been together for around a year and got engaged in July, married in September. Partner: No kids, convictions or military service. Police clearance, (new)passport, and all ID paperwork ready, certified , transalted and in colour. Im an Australian Citizen , lived here for 30 years. I know the 309 takes time. We don’t want to be apart as it’s already getting tough, so we discussed the possibility of applying for a 309 and then applying for a tourist visa ( sponsored if required) to shorten that time we will be spending apart and then she will return home. Is this possible? I’m currently on the lookout for a migration agent who has dealt with partner visa from the Middle East who can assist me with this and am grateful to anyone else on here that can share there experiences as we start this long journey. Thank you Your proposed plan of applying for a 309 and then a tourist visa is plausible, although difficult and not guaranteed. Consider the following: As Syria is considered a high risk country, it will be difficult to have a visitor visa approved as you will need to present a very compelling case that she will not overstay; A sponsored visitor visa will increase the chance of success, although be prepared to pay a high bond which will be forfeited if she overstays; For the 309, you will need to provide strong evidence of a genuine and continuing relationship, as marriage alone is not enough; If processed by an embassy in the Middle East, expect delays. There is currently no Australian Embassy in Syria. Syrian applications are normally handled by the Embassy in Lebanon. 2 Quote Link to comment Share on other sites More sharing options...
wrussell Posted November 19, 2018 Share Posted November 19, 2018 When applying for a visitor visa, one strategy with 'high risk' countries, including the riskiest of all, is to be able to show evidence of previous, uncomplicated, international travel. Applying in for a visitor visa that is refused t least enables a partner applicant to answer questions such as: Have you declared your relationship to any official body? Yes, Australian immigration. Why are you not living together? You refused a visitor visa. Claiming a 'partner' as a dependant with the ATO, even if not approved does no harm. Being married is one way to satisfy the 'time of application' relationship criterion and adds something to a claim that a relationship is genuine, but not much. There are usually other steps that can be taken to show that a relationship is genuine and ways ways of giving a visitor visa application a fighting chance of success. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted November 20, 2018 Share Posted November 20, 2018 21 hours ago, Marisawright said: I know, that’s not what I said. Your statements of "a 309 visa requires you to have been in a relationship which is the equivalent of marriage for at least 12 months", "Your 12 months started on your wedding day and not before" and "You cannot apply for the 309 until you have completed the 12 months" give the impression that you're advising them they must be married for 12 months before they're eligible. It's only when applying for the 309 as a de facto relationship that you need to show you have 12 months together and even that can be waived (i.e. shortened) if the relationship is legally registered. 1 Quote Link to comment Share on other sites More sharing options...
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