Brad1549 Posted October 8, 2020 Share Posted October 8, 2020 Hi all, My partner and I are at a crossroads. He is currently sponsored at his job (advertising), and needs to now commence his permanent residency application. However, my partner and I are considering him to go on a partner visa instead (by registering our relationship - I'm an Australian citizen). What are the pros and cons for him to go on a partner visa instead of his work sponsorship visa? I also have a few questions, being: 1) What is the cost difference between a partner visa and working visa? 2) Everyone says you need legal advice (and fees) for a work sponsorship visa to ensure your application is perfect. Does a partner visa also require legal fees, or is it quite easy to complete? 3) What is the total processing time for PR through work sponsorship vs through partner visa? 4) I believe if my partner applies for PR through his work sponsorship, then he won't be able to swap jobs/companies. Is this true? Can he swap jobs/companies if he's on a partner visa? 5) I read that while the work sponsorship visa is being processed (bridging visa), my partner won't be able to leave the country even for a holiday unless he gets an exemption. Is this correct? Does this also apply on the partner visa? 6) My partner mentioned even if he does apply for permanent residency through his work sponsorship, he's still not guaranteed to obtain PR as they don't approve everyone. Is this the case for a partner visa too? 7) If we register our relationship, we become de facto. What are the legal/financial ramifications if one of us dies/gets ill/receives inheritance etc. Thanks everyone, appreciate the help. Quote Link to comment Share on other sites More sharing options...
paulhand Posted October 8, 2020 Share Posted October 8, 2020 You are asking too many specific questions to likely get a meaningful answer and much of this information is easily available on the Department of Home Affairs website. I suggest that you start there and perhaps also have an initial consultation with a Registered Migration Agent so you can properly understand how the various options work and how the pros and cons of each stack up. Quote Link to comment Share on other sites More sharing options...
cglcb1 Posted October 8, 2020 Share Posted October 8, 2020 (edited) 1) What is the cost difference between a partner visa and working visa? for just visa: partner around 8k and work around 4k, not including paperwork, assessments, english, police clearance, health check, etc 2) Everyone says you need legal advice (and fees) for a work sponsorship visa to ensure your application is perfect. Does a partner visa also require legal fees, or is it quite easy to complete? best to get advise from migrating agent for both type of visas 3) What is the total processing time for PR through work sponsorship vs through partner visa? 186 process time 6-9months average, can be longer, can be shorter partner about 23-27 month for the temporary (first part) then another 11-22 months for actual PR 4) I believe if my partner applies for PR through his work sponsorship, then he won't be able to swap jobs/companies. Is this true? Can he swap jobs/companies if he's on a partner visa? if it is 186, the answer is he can change job after visa is granted, but not advised to and on partner, he can also change job 5) I read that while the work sponsorship visa is being processed (bridging visa), my partner won't be able to leave the country even for a holiday unless he gets an exemption. Is this correct? Does this also apply on the partner visa? it depends, if his current visa still valid, then bridging visa will not come into effect, and he can travel, if his bridging visa A is active, he can apply for bridging B to travel. bridging visa is automatically generated for most visa applications 6) My partner mentioned even if he does apply for permanent residency through his work sponsorship, he's still not guaranteed to obtain PR as they don't approve everyone. Is this the case for a partner visa too? there are always chances the department will reject any application that they deem unsatisfactory working or partner 7) If we register our relationship, we become de facto. What are the legal/financial ramifications if one of us dies/gets ill/receives inheritance etc. have to ask lawyer for that @Brad1549 Best to talk to migrating agent to see the best pathway. Edited October 8, 2020 by cglcb1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted October 9, 2020 Share Posted October 9, 2020 (edited) My partner ...needs to now commence his permanent residency application. However, my partner and I are considering him to go on a partner visa instead (by registering our relationship - I'm an Australian citizen). What are the pros and cons for him to go on a partner visa instead of his work sponsorship visa? The fundamental difference is that the partner visa offers a lot more certainty than the work sponsorship visa. He can meet all the criteria for the work sponsorship visa and still get rejected. Whereas if you meet all the criteria for a partner visa, it will be approved. Of course, that assumes that you have a genuine relationship and can provide adequate proof! 2) Everyone says you need legal advice (and fees) for a work sponsorship visa to ensure your application is perfect. Does a partner visa also require legal fees, or is it quite easy to complete? No one needs legal advice for a visa application. Immigration lawyers are useful for appeals but not for applications. You need a MARA registered migration agent. The forms are not hard to complete, but many couples are rejected because they seriously under-estimate the amount and nature of proof required. If you've been living together for less than 12 months, I wouldn't even consider not using an agent - although registration gets you off the hook in theory, it's going to be harder to prove the relationship is solid, so professional help is important. 3) What is the total processing time for PR through work sponsorship vs through partner visa? Impossible to say right now due to Covid. If he's working for a large company, they should be able to tell him how long it usually takes (it will be faster than usual if it's a company who sponsors people routinely). 4) I believe if my partner applies for PR through his work sponsorship, then he won't be able to swap jobs/companies. Is this true? Can he swap jobs/companies if he's on a partner visa? If he gets PR through his company, then it's likely there will be a clause in his new contract saying he has to pay back all the company's costs if he leaves. If he's on a partner visa, he can work anywhere. 5) I read that while the work sponsorship visa is being processed (bridging visa), my partner won't be able to leave the country even for a holiday unless he gets an exemption. Is this correct? Does this also apply on the partner visa? Correct for both, if you want to leave the country while on a bridging visa, then you need to apply for permission (a BVB) first. 6) My partner mentioned even if he does apply for permanent residency through his work sponsorship, he's still not guaranteed to obtain PR as they don't approve everyone. Is this the case for a partner visa too? Answered at the start. 7) If we register our relationship, we become de facto. What are the legal/financial ramifications if one of us dies/gets ill/receives inheritance etc. De facto is pretty much the equivalent of marriage for most legal purposes. Edited October 9, 2020 by Marisawright Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted October 12, 2020 Share Posted October 12, 2020 4) I believe if my partner applies for PR through his work sponsorship, then he won't be able to swap jobs/companies. Is this true? Can he swap jobs/companies if he's on a partner visa? While the application is being processed, he could change employers however it would mean starting over again (if his temporary sponsored visa is still valid, that can be transferred to the new employer and a new PR nomination/visa application lodged if the new employer is willing/able to sponsor). After the PR visa is granted, he can change employers at any time if he holds a 186 (if it's a 187 DHA can cancel the visa if he doesn't remain with his employer for 2 years after grant). It's possible his employer may have him sign an agreement to repay all/some of the costs if he leaves within xx months/years after grant so he'd need to weigh up if that was a show-stopper of changing employers. On a partner visa, he can work for anyone doing any type of job, or not work at all. Quote Link to comment Share on other sites More sharing options...
sky0117 Posted December 7, 2020 Share Posted December 7, 2020 Even if you've registered your relationship with your partner, you still have to provide evidence to prove the relationship, in 4 aspects - Finance, Nature of household, social, commitment... best if you guys have some of the evidence already... By simply looking at the numbers, partner stream seems to have more quotas than Employer, however, I think there're A LOT of people on that stream too.... https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels Quote Link to comment Share on other sites More sharing options...
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