Are agents needed/recommended for succession 309 application?

[DjR]

Hello all,

I'm British, and my husband has joint British/Australian.  We've been together in London for 5 years, and now are looking to move to Australia, so I'm applying for a 309 visa.  What are people's thoughts on applying with an agent vs handling the application ourselves?  Have many people here handled the process themselves - and been successful or unsuccessful?  Any advice and experience gratefully received.

Thanks,
Dave

[VERYSTORMY]

IT is one of the simpler visas to apply for. But, it does get refusals and most people who get one, never realised there was a problem until the refusal was given. Which is a very expensive mistake. As a result, I generally advice having for an initial paid consultation to just check there isn't anything likely to be an issue. 

[wrussell]

 You might find a trawl through this interesting:

https://www.aat.gov.au/AAT/media/AAT/Files/Statistics/MRD-caseload-statistics-by-subclass-2018-19.pdf

[wrussell]

The statistics above refer to review applications that were taken to the AAT. Some of those cancelled or refused do not excercise their review rights and there are many more who have no review rights.

[Marisawright]

Refusals for partner visas are very high, but a large proportion of those is due to people committing fraud (faking a partnership to get a visa), not because genuine relationships are refused.

People who have lived apart for large chunks of their relationship should always use an agent, IMO.  Although the documentation says time apart is OK if you have good reasons, I've known two genuine couples who've been refused in those circumstances, so in that case I think expert help is wise. But it sounds like that doesn't apply to you. 

Another reason for refusal is that couples don't understand the process.   They think their marriage certificate and a few bills is enough, which it isn't.  You need to provide solid evidence for your whole relationship.  If you feel able to do that, then you probably don't need an agent.  

 

[Nemesis]

3 hours ago, Marisawright said:

Refusals for partner visas are very high, but a large proportion of those is due to people committing fraud (faking a partnership to get a visa), not because genuine relationships are refused.

People who have lived apart for large chunks of their relationship should always use an agent, IMO.  Although the documentation says time apart is OK if you have good reasons, I've known two genuine couples who've been refused in those circumstances, so in that case I think expert help is wise. But it sounds like that doesn't apply to you. 

Another reason for refusal is that couples don't understand the process.   They think their marriage certificate and a few bills is enough, which it isn't.  You need to provide solid evidence for your whole relationship.  If you feel able to do that, then you probably don't need an agent.  

 

There are many genuine couples whose applications have been refused because we do not tick all the boxes for what a case officer considers a "normal" marriage - FIFO couples can be rejected because they do not spend 365 days a year iiving under the same roof. Couple who send time apart due to one person travelling/exploring/doing long distance trips while the other remains at home earning the money to fund said trips. Couples who spend time individually back home in the UK caring for parents for several months at a time whilt the other remains working in oz.

There are many other examples, so I would advise the OP to at least get a consultation with an agent before applying,unless they have an aplication with absolutely no unusual aspects to it. 

[Marisawright]

38 minutes ago, Nemesis said:

There are many genuine couples whose applications have been refused because we do not tick all the boxes for what a case officer considers a "normal" marriage - FIFO couples can be rejected because they do not spend 365 days a year iiving under the same roof. Couple who send time apart due to one person travelling/exploring/doing long distance trips while the other remains at home earning the money to fund said trips. Couples who spend time individually back home in the UK caring for parents for several months at a time whilt the other remains working in oz.

All of those examples are of couples who have lived apart for large chunks of their relationship, which is what I'm talking about. So we're in agreement.

[Nemesis]

5 hours ago, Marisawright said:

All of those examples are of couples who have lived apart for large chunks of their relationship, which is what I'm talking about. So we're in agreement.

Indeed we are, sorry I didn't mean it to sound like I was disagreeing with you. My intention was to add more detail for the benefit of the OP. 

[wrussell]

I have sucessfully represented partners (pro bono) who had spent only 6 weeks together and had not seen each other for 18 months at the time of visa application. They were refused, but won in the (then) MRT where successful applicants had their filing fee refunded.

[Marisawright]

1 hour ago, wrussell said:

I have sucessfully represented partners (pro bono) who had spent only 6 weeks together and had not seen each other for 18 months at the time of visa application. They were refused, but won in the (then) MRT where successful applicants had their filing fee refunded.

Good example of what we're talking about. For couples like that, applying without an agent isn't worth the risk.