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dezzer02

Pending 173 Visa - Partner Visa

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Hi,

My partner submitted a Visa 173 in June 2018. We met in October 2018 and I applied for State Sponsorship and was awaiting final outcome. Covid happened and my application was shut down with no option to appeal despite my job being on the list, I met all requirements, points, English tests and full qualification conversion to Australian requirements. I then turned 45 in October 20 so no other visa options available to me now.  We have been informed that I can't now be added to the Visa 173 as the application has been submitted and a new application would be required putting my partner to the back of the queue. The plan now is to await for the Visa 173 to be granted, apply straightaway for the Visa 143 for my partner and then on grant of that to marry as we have been advised that if we were to marry before the Visa 143 was granted it would impact on this being granted. I will then apply for a partner visa. Any thoughts or suggestions and has anybody done this before. Any advice or guidance would be greatly appreciated. Thank you. 

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3 hours ago, dezzer02 said:

Hi,

My partner submitted a Visa 173 in June 2018. We met in October 2018 and I applied for State Sponsorship and was awaiting final outcome. Covid happened and my application was shut down with no option to appeal despite my job being on the list, I met all requirements, points, English tests and full qualification conversion to Australian requirements. I then turned 45 in October 20 so no other visa options available to me now.  We have been informed that I can't now be added to the Visa 173 as the application has been submitted and a new application would be required putting my partner to the back of the queue. The plan now is to await for the Visa 173 to be granted, apply straightaway for the Visa 143 for my partner and then on grant of that to marry as we have been advised that if we were to marry before the Visa 143 was granted it would impact on this being granted. I will then apply for a partner visa. Any thoughts or suggestions and has anybody done this before. Any advice or guidance would be greatly appreciated. Thank you. 

As per my response to your other post, I don’t think you can. Well you could but it would have to be applied for five years after your partner got their 143. If your partner applied in 2018 then they are looking at a wait of about 4 years minimum I’d say so if the five year rule is right then it’s going to be the best part of 10 years before your idea to move there will be possible. It’s to stop one party to a relationship applying and then simply adding the partner on straight after, thereby avoiding the high visa cost. It was stopped many years ago because that was happening. It was a great loophole but is sadly no more.  Hopefully someone will be along with a solution, I’d be surprised but I hope I’m wrong. Best of luck.

Edited by Tulip1
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Once again thanks for your advice - hopefully there still might be a chance somehow 🤞🤞🤞

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5 hours ago, dezzer02 said:

My partner submitted a Visa 173 in June 2018. We met in October 2018.....We have been informed that I can't now be added to the Visa 173 as the application has been submitted and a new application would be required putting my partner to the back of the queue. The plan now is to await for the Visa 173 to be granted, apply straightaway for the Visa 143 for my partner and then on grant of that to marry as we have been advised that if we were to marry before the Visa 143 was granted it would impact on this being granted. I will then apply for a partner visa. 

The bad news is that if you're going to wait till the 143 is granted, you're looking at a wait of 8 to 10 years.  That's how long she'll be waiting for the 143 if she applies this year.  The official Immigration website shows a shorter processing time and that misleads people.  Their quoted processing time is based on the applications they're finalising now (received in 2016).   However there have been a couple of massive surges in applications since then, which has pushed processing times out massively - and there are NO plans to increase quotas to cater for that.  If you've spoken to an agent and they haven't told you that, don't use them again - they don't know their job.

Once she has the 143, you'll have to wait another 5 years before applying for the partner visa, followed by a year or more processing time.   The government introduced that rule because they were fed up of people pretending to be single on their application when they're already in a relationship.  People used to do that, either to avoid paying the full fee for the second applicant, or because they'd fail the "balance of family" test if they told the truth.  Unfortunately that measure now impacts genuine new partnerships too.

In view of the long wait time, I think your best bet would be to withdraw the 173, get married, then apply for the 143 as a couple.  While you're waiting, you can always apply for visitor visas to visit your partner's family.   

I suggest booking a consultation with a reputable agent.  Try SunCoast Migration or Go Matilda - but the fact is, the Australian government discourages older migrants because in spite of the high fees, they represent a considerable cost to the taxpayer in health care and pensions. 

 

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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Thank you for such a detailed and knowledgeable response. Like you say for genuine new relationships its a tough call. I was looking for state sponsorship originally to get my own visa but turned 45 in October so this was withdrawn. Is it possible to get an employer sponsor visa as a Chartered Accountant. I have been awarded FCPA Australia on my qualification which is a highly qualified accountant status in Australia (fellowship status) so would have the correct qualifications to work immediately. It's all been frustrating and I am just trying to exhaust every avenue before I have to give up on the dream 😢. Thanks

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3 minutes ago, dezzer02 said:

Thank you for such a detailed and knowledgeable response. Like you say for genuine new relationships its a tough call. I was looking for state sponsorship originally to get my own visa but turned 45 in October so this was withdrawn. Is it possible to get an employer sponsor visa as a Chartered Accountant. I have been awarded FCPA Australia on my qualification which is a highly qualified accountant status in Australia (fellowship status) so would have the correct qualifications to work immediately. It's all been frustrating and I am just trying to exhaust every avenue before I have to give up on the dream 😢. Thanks

I think the best suggestion is as Marisa said, speak with a good migrant agent who will be honest with you. At least then you’ll know for sure. As for chartered accountants, I believe there are plenty of them in Australia and it’s quite hard to get visas for them these days, again I hope I’m wrong and an agent can give you some hope.  It’s a real shame for genuine people like yourselves but we can’t beat the system. I wish you both the best of luck.

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3 hours ago, dezzer02 said:

 Is it possible to get an employer sponsor visa as a Chartered Accountant. I have been awarded FCPA Australia on my qualification which is a highly qualified accountant status in Australia (fellowship status) so would have the correct qualifications to work immediately. It's all been frustrating and I am just trying to exhaust every avenue before I have to give up on the dream 😢. Thanks

I'm not sure whether the same age limit applies for employer-sponsored, but your obstacle will be finding an employer.  

Honestly, there are no magical ways around it. If there is any way to get you to Australia, a good agent will know.  Given the long processing times, you really need to bite the bullet and get the proper advice from a reputable agent.

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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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I meant to say, it's tempting to think, "If I search the internet, I'll find some loophole that's not officially approved of".   Honestly, it's not going to happen.  If it's discoverable on Google, Immigration has already found it and closed it!   They do monitor forums and social media.

If there is a loophole of any kind, your best way of finding one is to pay an agent for a proper consultation. They aren't going to reveal any ideas they might have on a public forum.  I don't know whether they'll be able to help, but there's only one way to find out.

Worth noting also that if you are already de facto, that's the equivalent of marriage in Immigration's eyes.  So it makes absolutely no sense to say that marriage would impact her 143 application.  That's something you should check.

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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