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mat8iou

Skilled Independent vs Partner visa

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I've had a search and couldn't spot this question asked before.

My wife and I are planning to relocate to Australia.

She grew up in Australia and holds Australian citizenship.

Looking at the calculators for points for Skilled Independent visas, I could take that route, or I could apply for a partner visa.

Based on a quick bit of research, there are obvious differences both in the cost of the application and the processing times. I understand that with the Partner visa, it is possible to first apply for a sub-class 820 Partner Visa (Temporary), which would allow me to travel to Australia and permit me to work there sooner, whilst the 801 Partner Visa processes. I assume that there is no equivalent for the Skilled Independent visa.

So - if I have eligibility for both options, what are the pros and cons of taking one route versus the other. I've spoken to two different friends, one who did it one way, one the other way.

Interested to know if anyone has thoughts on which is the best way to approach things.

The processing time is a potential issue, which is why I was looking at the 820 temporary visa.

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2 minutes ago, mat8iou said:

I've had a search and couldn't spot this question asked before.

My wife and I are planning to relocate to Australia.

She grew up in Australia and holds Australian citizenship.

Looking at the calculators for points for Skilled Independent visas, I could take that route, or I could apply for a partner visa.

Based on a quick bit of research, there are obvious differences both in the cost of the application and the processing times. I understand that with the Partner visa, it is possible to first apply for a sub-class 820 Partner Visa (Temporary), which would allow me to travel to Australia and permit me to work there sooner, whilst the 801 Partner Visa processes. I assume that there is no equivalent for the Skilled Independent visa.

So - if I have eligibility for both options, what are the pros and cons of taking one route versus the other. I've spoken to two different friends, one who did it one way, one the other way.

Interested to know if anyone has thoughts on which is the best way to approach things.

The processing time is a potential issue, which is why I was looking at the 820 temporary visa.

If you and your wife have been married for 3 years (or 2 if you have kids) then you will be eligible for the 801 immediately and will not have to wait on the 820. The application is the same, you just get both visas sorted at once and get PR straight away. However you need to be onshore for the 820/801. If you apply offshore you go for the 309/100 instead. Offshore processing for Partner Visas is generally much faster than onshore. 

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It also depends on how many points you have. The minimum requirement is 65, but that will not get you an invite for a 189. You would need a minimum of 75. 

Personally, between the two, I would go for the partner visa. Slightly more expensive, but not waiting for an invite to apply that may never come. 

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Posted (edited)
6 hours ago, mat8iou said:

I've had a search and couldn't spot this question asked before.

My wife and I are planning to relocate to Australia.

She grew up in Australia and holds Australian citizenship.

Looking at the calculators for points for Skilled Independent visas, I could take that route, or I could apply for a partner visa.So - if I have eligibility for both options, what are the pros and cons of taking one route versus the other.

The basic difference is simple.

When you apply for a partner visa, your application goes into a queue.  Your application gets reviewed when you get to the head of the queue.  If you satisfy all the requirements and have provided sufficient evidence of that fact (just being married is not enough), you'll get your visa.

When you apply for a skilled visa, your application goes into a competition with a limited  number of prizes (visas).  Those with the highest points win.  If your points are at the lower end, you may never get picked, because hundreds of new applications arrive every day.  Currently, no one with less than 75 points stands a chance - but sometimes it's even higher.  You can't know, because it depends on the points score of all the other people who applied with you.

In summary, both visas have waiting times, but at least the partner visa is predictable.

Edited by Marisawright
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Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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17 hours ago, VERYSTORMY said:

It also depends on how many points you have. The minimum requirement is 65, but that will not get you an invite for a 189. You would need a minimum of 75. 

Personally, between the two, I would go for the partner visa. Slightly more expensive, but not waiting for an invite to apply that may never come. 

Thanks. Very helpful.

I'm at 65 points - so on that basis it seems that the partner visa would definitely be the more reliable option.

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18 hours ago, Nemesis said:

If you and your wife have been married for 3 years (or 2 if you have kids) then you will be eligible for the 801 immediately and will not have to wait on the 820. The application is the same, you just get both visas sorted at once and get PR straight away. However you need to be onshore for the 820/801. If you apply offshore you go for the 309/100 instead. Offshore processing for Partner Visas is generally much faster than onshore. 

Thanks.

We've been married since 2011, so are well over the 3 years.

It's interesting what you say about onshore vs offshore processing times - we had the same experience when my wife came over to the UK - the initial application for the UK partner's (all Australian applications now go through Manilla) took 4 days (and that's including a weekend, so 2 working days). The next step of applying for Indefinite Leave in the UK took about 6 months even though the amount of info required was the same for both stages.

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12 hours ago, Marisawright said:

The basic difference is simple.

When you apply for a partner visa, your application goes into a queue.  Your application gets reviewed when you get to the head of the queue.  If you satisfy all the requirements and have provided sufficient evidence of that fact (just being married is not enough), you'll get your visa.

When you apply for a skilled visa, your application goes into a competition with a limited  number of prizes (visas).  Those with the highest points win.  If your points are at the lower end, you may never get picked, because hundreds of new applications arrive every day.  Currently, no one with less than 75 points stands a chance - but sometimes it's even higher.  You can't know, because it depends on the points score of all the other people who applied with you.

In summary, both visas have waiting times, but at least the partner visa is predictable.

Interesting  - I'm at 65 points, so it seems that I'd be waiting for a very long time for the skilled visa on that basis. I wasn't aware that it was restricted to a limited number of places.

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6 minutes ago, mat8iou said:

Interesting  - I'm at 65 points, so it seems that I'd be waiting for a very long time for the skilled visa on that basis. I wasn't aware that it was restricted to a limited number of places.

At 65 points, your application would likely expire before you got an invitation. No point in applying. 

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Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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Just make sure your wife gets her UK citizenship before the move as indefinite leave to remain does not mean a indefinite right to move back if you wanted to. Far from it. It expires and the rules on gaining a new spouse visa are becoming harder all the time. 

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Everyones already said really, i had the choice of 75 skilled visa or partner but still went with partner.

With partner if you are married or defacto have children and have ongoing evidence they cannot refuse you a visa, with skilled migration policies can change quotas get filled etc more risk

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1 hour ago, can1983 said:

Everyones already said really, i had the choice of 75 skilled visa or partner but still went with partner.

With partner if you are married or defacto have children and have ongoing evidence they cannot refuse you a visa, with skilled migration policies can change quotas get filled etc more risk

To be strictly correct, they can refuse the Partner Visa, even with all that, you could still fail medical or character tests, but its highly unlikely, and definitely a more certain route than the skills route. 

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14 hours ago, Nemesis said:

To be strictly correct, they can refuse the Partner Visa, even with all that, you could still fail medical or character tests, but its highly unlikely, and definitely a more certain route than the skills route. 

but those same medical or character tests would also prohibit getting a skilled visa.... or any visa

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I would suggest the 820/801 visa if possible.

I would need further information from you thought.

You may be able to obtain permanent residency straight away thru the partner visa rather than sitting on a temporary visa for two years before you can apply for the permanent.

Kind regards

Bernadette Burns

Registered Migration Agent since 2007

MARN 0744805

bern.burns@yahoo.com.au

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10 hours ago, can1983 said:

but those same medical or character tests would also prohibit getting a skilled visa.... or any visa

Not necessarily There is more room for discretionary waivers, certainly in medical cases, when applying for a Partner Visa. 

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On 27/07/2019 at 12:39, Marisawright said:

At 65 points, your application would likely expire before you got an invitation. No point in applying. 

Thanks - that settles that question then.

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On 27/07/2019 at 13:33, VERYSTORMY said:

Just make sure your wife gets her UK citizenship before the move as indefinite leave to remain does not mean a indefinite right to move back if you wanted to. Far from it. It expires and the rules on gaining a new spouse visa are becoming harder all the time. 

Yes - this is the other thing we are doing at the same time. There's no way I want to have to go through that whole process again.

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On 29/07/2019 at 06:48, Bern said:

I would suggest the 820/801 visa if possible.

I would need further information from you thought.

You may be able to obtain permanent residency straight away thru the partner visa rather than sitting on a temporary visa for two years before you can apply for the permanent.

Kind regards

Bernadette Burns

Registered Migration Agent since 2007

MARN 0744805

bern.burns@yahoo.com.au

Thanks.

Reducing the number of applications definitely seems a bonus (having done the similar process for the UK).

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