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Pending 173 Visa - Partner Visa

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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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Your situation is complex.

Broadly speaking: Your spouse/partner cannot sponsor you for a partner visa until 5 years after the 143 is granted. This restriction was introduced to close a loophole where applicants were trying to reduce the visa application charge payable for the 143. There are some waivers available in certain narrow circumstances, but you should get some professional advice tailored to your specific circumstances to see if this is viable. Any issues around getting married also apply to entering a de facto relationship. 

(Edit: just seen others have answered this elsewhere as well)

Edited by paulhand
  • Like 1


Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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