MRJuly Posted August 17, 2019 Share Posted August 17, 2019 Hi all, Hope you are doing well. This is to get your piece of advise and knowledge regarding two of the below matters: Background - I am 39 years, and am currently in a defacto relationship with my partner since January 2017. We have also been living together since then till date. We both are skilled - my partner in IT and myself in Accounts. We both applied for EOI based on our skills and claimed each other's 5 points too for partner skill points. My partner got invitation in December 2018 and lodged PR application in Feb 2019 and 189 visa was granted in July 2019. I have been addressed as a defacto partner on my partner's 189 application, however I intended to gain my PR on my own skilled visa and did not want to apply as a 189 dependent then. My partner wishes me to add me as 189 dependent. However, I still want to see if it is possible with currently 80 points waiting since Feb 2019. Query no. 1: 1. Will I be losing my 5 partner skill points from EOI as my partner is now a Australian PR? Or will I still be able to claim that? (That will make me as 75 points ) Query no. 2: Can I add myself now as a 189 dependent after my partner's visa application is already been granted? (Considering Accountants have a long waiting queue, i will be turning 40 by next July (and will lose points for my age) and my 485 visa is about to expire in March 2020) Your advise and guidance will be very crucial for my further visa and life. Kind regards MRJuly Quote Link to comment Share on other sites More sharing options...
rammygirl Posted August 17, 2019 Share Posted August 17, 2019 Why? When you get PR as a secondary applicant on a 189 it is your own visa anyway. Not like a temp partner visa your PR is not dependent on your partner once granted. You will have PR in your own right as a secondary applicant. Myself and my sons were granted PR on my husbands visa, we all have our own visas and three of us now have citizenship. Makes no sense to make two applications. Quote Link to comment Share on other sites More sharing options...
MRJuly Posted August 17, 2019 Author Share Posted August 17, 2019 2 minutes ago, rammygirl said: Why? When you get PR as a secondary applicant on a 189 it is your own visa anyway. Not like a temp partner visa your PR is not dependent on your partner once granted. You will have PR in your own right as a secondary applicant. Myself and my sons were granted PR on my husbands visa, we all have our own visas and three of us now have citizenship. Makes no sense to make two applications. Yes, I understand and am aware of that. But, I am an independent girl and wanted to attain a PR on my own skills first. Thus, wanted to first try with my own points. But I believe being an Accountant in Australia waiting for your invitation is too late for me now, unfortunately! Quote Link to comment Share on other sites More sharing options...
Marisawright Posted August 17, 2019 Share Posted August 17, 2019 3 hours ago, MRJuly said: Yes, I understand and am aware of that. But, I am an independent girl and wanted to attain a PR on my own skills first. Thus, wanted to first try with my own points. But I believe being an Accountant in Australia waiting for your invitation is too late for me now, unfortunately! That’s a foolish attitude. If you are included in his application as a partner, you still get your own separate visa which then remains valid even if you split up. So you get no advantage at all from applying in your own right Quote Link to comment Share on other sites More sharing options...
MRJuly Posted August 17, 2019 Author Share Posted August 17, 2019 Hi all, I understand that I took a wrong decision in not being included. Thus, would like to get guidance about how to go ahead now. What's gone is past please assist me in how can I now get included in 189 dependent after my partner's visa is granted? Thanks for your assistance in advance. Regards MRJULY Quote Link to comment Share on other sites More sharing options...
Marisawright Posted August 17, 2019 Share Posted August 17, 2019 23 minutes ago, MRJuly said: Hi all, I understand that I took a wrong decision in not being included. Thus, would like to get guidance about how to go ahead now. What's gone is past please assist me in how can I now get included in 189 dependent after my partner's visa is granted? So he did not include you in his application? You can now apply for a partner visa, but it will go against you if he did not record your relationship in his application. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted August 17, 2019 Share Posted August 17, 2019 If his visa is still in progress you can be added. But surely if he claimed the extra 5 points for your skill you are already included? It might be worth paying for some advice from one of the agents who post on this forum to be sure you get it right. You don’t have to pay for the whole process but they can asses your particular situation and give you a clear way forward. After all as an accountant you expect people to pay for your professional advice, so why not pay someone for their expertise in this case. Including you on your partners visa will be quicker and much cheaper than a partner visa later....... Quote Link to comment Share on other sites More sharing options...
MRJuly Posted August 17, 2019 Author Share Posted August 17, 2019 9 minutes ago, Marisawright said: So he did not include you in his application? You can now apply for a partner visa, but it will go against you if he did not record your relationship in his application. Hi @Marisawright No we have declared our relationship even before applying for a PR application. My partner also has included my name as a defacto partner in their 189 application. Thank you for your advise. Regards MRjuly Quote Link to comment Share on other sites More sharing options...
rammygirl Posted August 17, 2019 Share Posted August 17, 2019 So you are included as a secondary applicant in his visa application. Sorry this is getting confusing.... Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted August 17, 2019 Share Posted August 17, 2019 I am confused as well. Did you receive a visa as part of your partners application? Quote Link to comment Share on other sites More sharing options...
Marisawright Posted August 17, 2019 Share Posted August 17, 2019 12 hours ago, MRJuly said: Hi @Marisawright No we have declared our relationship even before applying for a PR application. My partner also has included my name as a defacto partner in their 189 application. If you're on his application then you'll get your visa when he gets his. What's your problem? Quote Link to comment Share on other sites More sharing options...
MRJuly Posted August 19, 2019 Author Share Posted August 19, 2019 On 18/08/2019 at 08:59, Marisawright said: If you're on his application then you'll get your visa when he gets his. What's your problem? Hi @Marisawright and @rammygirl, The problem is as already written on my subject line and the body of the email is - MY PARTNER'S PR APPLICATION HAS ALREADY BEEN GRANTED IN JULY 2019. Sorry, you might have missed out on it. The issue is now I might have to apply for a separate partner visa which is expensive and time consuming as processing time is 22 months. Hope you understand. Thanks. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted August 19, 2019 Share Posted August 19, 2019 10 minutes ago, MRJuly said: Hi @Marisawright and @rammygirl, The problem is as already written on my subject line and the body of the email is - MY PARTNER'S PR APPLICATION HAS ALREADY BEEN GRANTED IN JULY 2019. Sorry, you might have missed out on it. The issue is now I might have to apply for a separate partner visa which is expensive and time consuming But you said that he included you in his application. If he did, then you already have a visa Quote Link to comment Share on other sites More sharing options...
MRJuly Posted August 19, 2019 Author Share Posted August 19, 2019 3 minutes ago, Marisawright said: But you said that he included you in his application. If he did, then you already have a visa I was always declared as their partner in all my application. But was not a dependent and did not apply as a 189 dependent as I had my own skill points then. However, now realise that if my partner becomes a PR I will be losing 5 points now. Thus will go back to 75 points from 80. Being an accountant, the waiting list is never ending. Thus, was asking for any concrete suggestions or reply from experts or people with experience who can help me out. Thank you in advance again Quote Link to comment Share on other sites More sharing options...
Nemesis Posted August 19, 2019 Share Posted August 19, 2019 28 minutes ago, MRJuly said: Hi @Marisawright and @rammygirl, The problem is as already written on my subject line and the body of the email is - MY PARTNER'S PR APPLICATION HAS ALREADY BEEN GRANTED IN JULY 2019. Sorry, you might have missed out on it. The issue is now I might have to apply for a separate partner visa which is expensive and time consuming as processing time is 22 months. Hope you understand. Thanks. So you were listed as a non-migrating dependent? The visa has been granted. You cannot be added to it as it has already been grated. Your partner will need to sponsor you for a Partner Visa, and yes it is expensive and time consuming, thats why you should have been included as a migrating dependent in the first place. 1 Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted August 19, 2019 Share Posted August 19, 2019 On 17/08/2019 at 14:46, MRJuly said: Hi all, Hope you are doing well. This is to get your piece of advise and knowledge regarding two of the below matters: Background - I am 39 years, and am currently in a defacto relationship with my partner since January 2017. We have also been living together since then till date. We both are skilled - my partner in IT and myself in Accounts. We both applied for EOI based on our skills and claimed each other's 5 points too for partner skill points. My partner got invitation in December 2018 and lodged PR application in Feb 2019 and 189 visa was granted in July 2019. I have been addressed as a defacto partner on my partner's 189 application, however I intended to gain my PR on my own skilled visa and did not want to apply as a 189 dependent then. My partner wishes me to add me as 189 dependent. However, I still want to see if it is possible with currently 80 points waiting since Feb 2019. Query no. 1: 1. Will I be losing my 5 partner skill points from EOI as my partner is now a Australian PR? Or will I still be able to claim that? (That will make me as 75 points ) Query no. 2: Can I add myself now as a 189 dependent after my partner's visa application is already been granted? (Considering Accountants have a long waiting queue, i will be turning 40 by next July (and will lose points for my age) and my 485 visa is about to expire in March 2020) Your advise and guidance will be very crucial for my further visa and life. Kind regards MRJuly This is very odd situation and your partner was lucky that he was allowed to claim Partner points if you were not included as an applicant on the subclass 189. I assume you were listed as a non migrating dependent. In response to your questions: 1) Yes, as you cannot claim points for a partner who is a Permanent Resident or Citizen; 2) No, you can not be added to a finalised 189 application. Quote Link to comment Share on other sites More sharing options...
MRJuly Posted August 21, 2019 Author Share Posted August 21, 2019 On 19/08/2019 at 12:55, Raul Senise said: This is very odd situation and your partner was lucky that he was allowed to claim Partner points if you were not included as an applicant on the subclass 189. I assume you were listed as a non migrating dependent. In response to your questions: 1) Yes, as you cannot claim points for a partner who is a Permanent Resident or Citizen; 2) No, you can not be added to a finalised 189 application. Thank you Raul! Yes, I was a non-migrating dependent in all my partner's application till date. Thus, I believe there is no other option then applying for 820 partner visa. Highly appreciate you and the others who have assisted me here. Thank you for your time and advise. Have a good day. Quote Link to comment Share on other sites More sharing options...
Ausiexpert Posted September 3, 2019 Share Posted September 3, 2019 Hi Mr July, Hope you will find your answers here, Firstly, as you mentioned earlier that you are in a De facto relationship since January 2017, If this is the case then you fulfill the requirement of 12 months of a continuous relationship and there is a fair chance that you may be granted Subclass 801Partner(Residence) as well(If you satisfy the Vo that you are in continuous and genuine relationship), you need to make both of the applications at the same time. Secondly, the visa application charge for Subclass 820 is Nil. My advice is that you please get proper guidance from a Registered Migration Agent(MARA) as partnership based visa applications are complicated. Please Let me know if you need any further information. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.