Apply for Partner Visa 309 during 3 Year Re-entry Ban

[johnfenn]

My girlfriend (25yo) is from the United States and is currently serving her 3 year re-entry ban which she received for breaching the terms of her tourist visa in September 2018. She was working as an Au Pair. We have been in a relationship for close to 3 years and intend to marry. Prior to her removal from Australia, she had lived in Melbourne for 2 and a half years. Firstly, on a Working Holiday Visa in 2016, then, on a Student Visa in 2017 (studying a Diploma for 1 year), and finally she spent 2018 on a Tourist Visa up until her removal. We are currently looking to apply for the 309 Partner Visa on the basis of marriage as we understand it to be exempt from the 3 year ban, and we have not yet lived together as a de facto couple. Our intention is to get married in the US next month so that we have the necessary certificate to apply, and so that we can apply as soon as possible. I was recently advised by a registered migration agent to pursue this course of action as an alternative to waiting for the ban to be lifted. However, we intend to do all of the groundwork (filling out documentation, gathering evidence of relationship, etc.) to submit our application ourselves, as we currently can't afford to pay an agent. 

My questions are as follows:

- Despite being exempt, will my partner still be considered to have a 'character issue' as a result of her re-entry ban? And if so, what does that mean for the application? Will we need to provide extra supporting documentation? Is it likely to affect the outcome of the application, or simply delay it?

- What are the requirements for me to act as a sponsor for my partner? Will I need to provide payslips and proof of employment as part of the application? And if so, do they need to be uploaded at the time of application? If I have student debt, will that affect my eligibility as a sponsor?

- Is it possible to have a Migration Agent look over our application before we submit it? (considering we do all of the groundwork ourselves)

If we were to wait until her re-entry ban is over:

- Will the ban be fully lifted after the 3 years? And will it still present itself as a character issue after that point when applying for temporary visas? What us the likelihood of her entering Australia as a student after the 3 years, considering she fulfils all the requirements of an international student? 

- Does the 3 year ban end in the same month that it began? (in our case, would it end in September of 2021?) 

[VERYSTORMY]

There is a general principle that a partner visa is that partner visas are not included in the 3 year ban. However. And a big however, they will go through the application with a fine tooth comb. Add into this the department will see your relationship as also flagged you need proffessional advice from a registered migration agent. 

[Jon the Hat]

This looks like a clear case of an agent being expensive, but not as expensive as a failed application, then an agent and a second application.

[KevinC]

Yeah she has to wait for 3 yr coz I also removed from Nz I m banned for 5 yr 

[wrussell]

It is only money and $10k or so is very little in the scheme of things. The way things are going the value of the AUD is heading South at a rate of knots so $0 k is likely become worth even less.