Partner visa application - migration agent or not?

[Ollie2212]

So myself and my partner are moving to Australia in May. To give context, she in an Australian citizen and I am a UK citizen. We have lived together 3+ years in the UK. We have had free consultations with a migration agency. They advised the best the best way to make the move, would be to apply for an on shore partner visa. To do this we must first be on shore obviously. So they advised to apply for an e-visitor (651) visiting visa. Then when I’m Australia, to submit the partner visa. I was told when the 3 month e-visitor expires, as long as we have begun our application for the partner visa, I will be put on to a bridging visa, likely to give full working rights etc. until the partner visa is approved. 
 

I currently have my 651 e visitor visa approved, and we have booked our one way flights to Australia for May. We also have the money to submit our partner visa application as soon as we land. My question is, is it worth paying the additional $3000- $4000 for a migration agency to assist, or is it reasonable that we could go ahead with the partner visa application ourselves? 
 

anyone who has been through this process there selves, I would appreciate some advice?

 

thanks :)

[Quoll]

Has your partner got her UK citizenship? If you have time and she is eligible she would be well advised to do that before you leave because you never know if she might want to return and getting back into UK can be a bit trickier down the track.  What a shame you didnt apply for the visa a few months ago then you wouldnt have been in limbo without a job for several months.  At one stage they were processing them very quickly from London.

[Ollie2212]

She doesn’t and we don’t intend to return. I am well aware of the benefits and in hindsight would have done this, but we don’t have the time, and have booked our flights already. 

[paulhand]

14 hours ago, Ollie2212 said:

as long as we have begun our application for the partner visa, 

… as long as you have submitted your application … 

[Ollie2212]

6 hours ago, paulhand said:

… as long as you have submitted your application … 

Yes that’s what I mean. I can’t find any information on how long it may take and what kind of information will be required. I’d really like to know if this is something we can just complete ourselves instead of spending so much money on a migration agent?

[Quoll]

6 hours ago, Ollie2212 said:

Yes that’s what I mean. I can’t find any information on how long it may take and what kind of information will be required. I’d really like to know if this is something we can just complete ourselves instead of spending so much money on a migration agent?

I would imagine you could - why not start the process now rather than waiting. As long as you've got all the evidence of living together, joint tenancy agreements, joint bank accounts, testamonials from friends etc Then if it looks like you're going to struggle maybe engage an agent. Look at the application form, there'll be guidelines of what to submit.

[Ollie2212]

We can’t start now because as said we’re doing an on shore application. You cannot start the application til landing in Australia. If we were doing an off shore application, we would have to wait for it to be approved before leaving the country, which is not an option

[Marisawright]

5 hours ago, Ollie2212 said:

We can’t start now because as said we’re doing an on shore application. You cannot start the application til landing in Australia. If we were doing an off shore application, we would have to wait for it to be approved before leaving the country, which is not an option

You can start the process of gathering evidence now, so that you have it all prepared and organised before you do the application.  It can take weeks to put it all together.

[paulhand]

10 hours ago, Ollie2212 said:

You cannot start the application til landing in Australia.

You can start the application, you just can’t submit it. 

[Ausvisitor]

I noted that the OP was planning on only buying a one way ticket.

Surely travelling on a visitor visa this might mean denial of boarding on the plane or refusal of entry into country?

It certainly would in the US, Canada or UK...

(Unless you can show some other means of returning. I know many Brits doing similar to Canada book an expensive - but fully cancellable - business ticket for their return so they can show an intention to leave but not lose any cash on the ticket)

Edited December 27, 2022 by Ausvisitor

[Marisawright]

1 hour ago, Ausvisitor said:

I noted that the OP was planning on only buying a one way ticket.

Surely travelling on a visitor visa this might mean denial of boarding on the plane or refusal of entry into country?

Potentially, yes.  However it wouldn't be an automatic denial.  This is how it was explained to me:

Contrary to popular belief, it's not illegal to come to Australia on a tourist visa, with the intention of applying for a more substantive visa.    What IS illegal is arriving in Australia on a tourist visa with the intention of living here permanently.  

That may sound like a subtle distinction, but what it really means is that when you arrive, an Immigration Officer has to decide:  do you look like you're an honest person, who'll apply for another visa onshore BUT if you don't get it, you'll go home?  Or do you look like the kind of person who'll apply for another visa onshore but if your application isn't successful, you'll stay illegally regardless?  It's up to the officer on the day to decide.  

Edited December 27, 2022 by Marisawright

[Quoll]

12 hours ago, Ollie2212 said:

We can’t start now because as said we’re doing an on shore application. You cannot start the application til landing in Australia. If we were doing an off shore application, we would have to wait for it to be approved before leaving the country, which is not an option

You can submit offshore and if it has not come through before your flights you can enter Australia on a tourist visa but then you have to leave and re-enter on your partner visa when it's issued. As as been said, though, you should have everything collected so that you are in a position to submit as soon as you arrive. Be aware though that your chances of employment while on the bridging visa may not be as great as you may hope - certainly in a career based occupation as employers won't be wanting to take on someone who may not stay. If you're just thinking casual hospitality etc, it should be easier.

Edited December 27, 2022 by Quoll

[Marisawright]

13 hours ago, Quoll said:

Be aware though that your chances of employment while on the bridging visa may not be as great as you may hope

That used to be true.  I worked for three different companies who simply wouldn't employ candidates who were on bridging visas.  As a manager, I found it very frustrating because it meant I often couldn't hire the person I wanted.   However with the current staff shortages, I expect (or certainly hope) that employers would have got to the point where they can't afford to be so rigid.

[Ausvisitor]

20 minutes ago, Marisawright said:

That used to be true.  I worked for three different companies who simply wouldn't employ candidates who were on bridging visas.  As a manager, I found it very frustrating because it meant I often couldn't hire the person I wanted.   However with the current staff shortages, I expect (or certainly hope) that employers would have got to the point where they can't afford to be so rigid.

We certainly won't, we rarely even employ people on the 491 visa because the nature of our work means we can't guarantee where you would need to work.

No way we are employing anyone without PR or our own sponsored visa. Just the way it is ...

[JetBlast]

9 hours ago, Marisawright said:

That used to be true.  I worked for three different companies who simply wouldn't employ candidates who were on bridging visas.  As a manager, I found it very frustrating because it meant I often couldn't hire the person I wanted.   However with the current staff shortages, I expect (or certainly hope) that employers would have got to the point where they can't afford to be so rigid.

I have recently started (in a permanent position) at a well known Australian company and I am about to go onto birding visa A. For them it wasn't an issue at all. They just wanted to know my story. I have also hired people on bridging visas at a previous company. I think the culture of business that's key.

Edited December 28, 2022 by JetBlast

[Ollie2212]

On 27/12/2022 at 08:32, Ausvisitor said:

I noted that the OP was planning on only buying a one way ticket.

Surely travelling on a visitor visa this might mean denial of boarding on the plane or refusal of entry into country?

It certainly would in the US, Canada or UK...

(Unless you can show some other means of returning. I know many Brits doing similar to Canada book an expensive - but fully cancellable - business ticket for their return so they can show an intention to leave but not lose any cash on the ticket)

I’m not “planning on”. If you read the post, “I have” already bought a one way ticket. We have also gone ahead with a migration agent to guide us. You don’t need to buy a return ticket I am going with intention to live the rest of my life there. I have £25,000 banked should there be any issues and I have to buy a return ticket. 

[Ausvisitor]

10 minutes ago, Ollie2212 said:

I’m not “planning on”. If you read the post, “I have” already bought a one way ticket. We have also gone ahead with a migration agent to guide us. You don’t need to buy a return ticket I am going with intention to live the rest of my life there. I have £25,000 banked should there be any issues and I have to buy a return ticket. 

Cool, that's fine I was just querying it as I know the US, Canada and the UK won't allow you to enter their countries on a one way ticket unless you can show some other travel document (already paid for) that shows you leaving before your tourist visa expires 

If AUS doesn't have a similar rule (and I'd expect your agent would know if they did and wouldn't be recommending this route if that was the case) then you are all good! Good luck with the move

[Ollie2212]

So for anyone interested, we have committed to a very reputable migration agent. And this is our plan. Thought I’d share because it’s taken months of research and conflicting information out there. 
 

We will be paying a $3650 agency fee. Half will be made to them when they re-open in the new year. At that point, we will both sign form 956 with the department of home affairs. This will officially appoint our migration agent to our application, and allow them to submit paperwork on our behalf. We will spend the new couple months working with the agency to provide documents that they believe will be required, and to draft our final application while in the UK.
 

We will be making an on shore partner visa application 820. Of course for this, we need to firstly be on shore. I will be initially going over on an “eVisitor” visa. This is essentially a 3 month tourist visa. As soon as we land, we will have to do a couple things in Australia such as having a JP in aus to certify and witness certain things. At that point, we pay the remainder of the agency costs, and they submit the application for us. As the application can take years to be approved, at the point my evisiter expires (3 months) I will be placed onto a BVA bridging visa which allows work/study until the partner visa is decided. We will be going over with over 20K and my partner will commit to being my sponsor, meaning she agrees to financially support me and provide housing if needed. 
 

hope this helps someone

[Marisawright]

3 hours ago, Ollie2212 said:

As the application can take years to be approved?

Years?   At the start of this year, partner visa applications made through London were being approved in less than 3 months.  I know the timelines have blown out now, but it won't take years.  

I'm sure your agency has told you that the timelines on the Immigration website are a general guide and include applications from countries seen as a security threat, where applicants need to go through lengthy security checks.  An application from somewhere like Afghanistan might take years.  Not a UK one.

Edited December 28, 2022 by Marisawright

[Ollie2212]

Yes we are aware it is likely to be no way near this amount of time, as you say, just what the guidelines state