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Moving to Australia Visa Queries


bearnova64

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My Australian girlfriend(she born there) and I ( I am born in England) wish to move permanently to Australia and marry there. We have lived together in the UK for 4 years in a property we own. I have a few questions please

1) From when we commence the paperwork to apply roughly how long a time period from start to end does it take to get a decision?

2) If we are approved then is there a time window from the date of approval we would need to make the move to Australia, or is it open ended?

3) Once we move to Australia I assume there is a time window we need to marry within on arrival?

4) What is the rough cost in UK pounds to do the visa process and what visa do we apply for firstly to move there and secondly once there and married I assume I need to apply for another permanent visa, or can I remain forever there on the visa we take out to move there in the first place?

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If you're in a committed relationship - and you seem to be, with jointly owned property for starters, you can apply now for a partner visa and chances are it will take about a year to come through but may be less if you're applying from UK. You have 12 months from issue to validate it - ie pop over to Australia for a weekend. Then you have 5 years (from date of issue) to make your move permanent.  It'll cost you around the $8k Mark.

No need to get married if you don't want to. There are two stages to the partner visa (309/100) and longer term relationships especially with kids often hop straight into the permanent one, otherwise you stay on the provisional visa for 2 years then apply for the permanent one. 

Meanwhile, if your partner (stop calling her a girl friend, that implies more of a casual relationship) hasn't got her UK citizenship you should get that sorted before you leave because you never know when you might want to return. 

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Quoll is talking about the ordinary "partner" visa, which is the one you'd be best to go for, I think. 

There is an option called the Prospective Marriage Visa (PMV) which is designed for your specific circumstances, i.e. a couple who wants to come to Australia to get married and then make a home here.  With that visa, you have to get married within a short time of arriving in Australia.  However it's only a temp visa and there are more hoops (and costs) involved, so I'd say just go straight for the full partner visa since you sound like you're definitely eligible.

It's hard to predict how long it will take.  Last year, if you applied from the UK, you'd get your visa in about 3 months.  This year, processing times have blown out. 

The best thing to do is apply immediately. Then if the visa is approved faster than you expect, you simply have to pop over to Australia for a holiday and that activates the visa.  Then you have almost 5 years to  make the final move. 

 

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17 hours ago, Quoll said:

If you're in a committed relationship - and you seem to be, with jointly owned property for starters, you can apply now for a partner visa and chances are it will take about a year to come through but may be less if you're applying from UK. You have 12 months from issue to validate it - ie pop over to Australia for a weekend. Then you have 5 years (from date of issue) to make your move permanent.  It'll cost you around the $8k Mark.

No need to get married if you don't want to. There are two stages to the partner visa (309/100) and longer term relationships especially with kids often hop straight into the permanent one, otherwise you stay on the provisional visa for 2 years then apply for the permanent one. 

Meanwhile, if your partner (stop calling her a girl friend, that implies more of a casual relationship) hasn't got her UK citizenship you should get that sorted before you leave because you never know when you might want to return. 

We are in a committed relationship but the house we live in in the UK is registered just in my name. I assume that does not change anything you have advised me on? My partner pays the house bills so contributes regularly to the house upkeep. We also have lots of evidence such as photos etc that we have been in a committed relationship for a number of years.

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4 minutes ago, bearnova64 said:

We are in a committed relationship but the house we live in in the UK is registered just in my name. I assume that does not change anything you have advised me on? My partner pays the house bills so contributes regularly to the house upkeep. We also have lots of evidence such as photos etc that we have been in a committed relationship for a number of years.

PS We have no children and are not having any, so is the least expensive route to go and apply straight for the permanent visa, rather than go for the provisional visa and then upgrade it later to the permanent one? We are allowed to go and apply straight away for the permanent visa and miss out the provisional stage I assume? Is the 8000 Aus dollars the approx cost of getting the permanent partner visa? As the Prospective Marriage Visa has more hoops and costs more I agree best we avoid that one as no upside for us taking that route.

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11 minutes ago, bearnova64 said:

We are in a committed relationship but the house we live in in the UK is registered just in my name. I assume that does not change anything you have advised me on? My partner pays the house bills so contributes regularly to the house upkeep. We also have lots of evidence such as photos etc that we have been in a committed relationship for a number of years.

PS We have no children and are not having any, so is the least expensive route to go and apply straight for the permanent visa, rather than go for the provisional visa and then upgrade it later to the permanent one? We are allowed to go and apply straight away for the permanent visa and miss out the provisional stage I assume? Is the 8000 Aus dollars the approx cost of getting the permanent partner visa? As the Prospective Marriage Visa has more hoops and costs more I agree best we avoid that one as no upside for us taking that route.

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14 hours ago, Marisawright said:

Quoll is talking about the ordinary "partner" visa, which is the one you'd be best to go for, I think. 

There is an option called the Prospective Marriage Visa (PMV) which is designed for your specific circumstances, i.e. a couple who wants to come to Australia to get married and then make a home here.  With that visa, you have to get married within a short time of arriving in Australia.  However it's only a temp visa and there are more hoops (and costs) involved, so I'd say just go straight for the full partner visa since you sound like you're definitely eligible.

It's hard to predict how long it will take.  Last year, if you applied from the UK, you'd get your visa in about 3 months.  This year, processing times have blown out. 

The best thing to do is apply immediately. Then if the visa is approved faster than you expect, you simply have to pop over to Australia for a holiday and that activates the visa.  Then you have almost 5 years to  make the final move. 

 

We are in a committed relationship but the house we live in in the UK is registered just in my name. I assume that does not change anything you have advised me on? My partner pays the house bills so contributes regularly to the house upkeep. We also have lots of evidence such as photos etc that we have been in a committed relationship for a number of years.

PS We have no children and are not having any, so is the least expensive route to go and apply straight for the permanent visa, rather than go for the provisional visa and then upgrade it later to the permanent one? We are allowed to go and apply straight away for the permanent visa and miss out the provisional stage I assume? Is the 8000 Aus dollars the approx cost of getting the permanent partner visa? As the Prospective Marriage Visa has more hoops and costs more I agree best we avoid that one as no upside for us taking that route.

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58 minutes ago, bearnova64 said:

We have no children and are not having any, so is the least expensive route to go and apply straight for the permanent visa, rather than go for the provisional visa and then upgrade it later to the permanent one? We are allowed to go and apply straight away for the permanent visa and miss out the provisional stage I assume? Is the 8000 Aus dollars the approx cost of getting the permanent partner visa? As the Prospective Marriage Visa has more hoops and costs more I agree best we avoid that one as no upside for us taking that route.

Yes Subclasses 309 and 100.  

Roughly £4,750 for the application, once card handling fees and FX are added (can be avoided if you pay via an Australian bank account).  Budget for another £500-£750 for police checks and medicals.

 

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19 minutes ago, FirstWorldProblems said:

Yes Subclasses 309 and 100.  

Roughly £4,750 for the application, once card handling fees and FX are added (can be avoided if you pay via an Australian bank account).  Budget for another £500-£750 for police checks and medicals.

 

So what if the difference between the 309 and the 100 subclasses? I need to go through both the 309 and the 100 to get the permanent visa? To clarify....We are allowed to go and apply straight away for the permanent visa and miss out the provisional stage I assume? So the £4750 is the approx total cost to get the permanent visa? 

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34 minutes ago, bearnova64 said:

So what if the difference between the 309 and the 100 subclasses? I need to go through both the 309 and the 100 to get the permanent visa? To clarify....We are allowed to go and apply straight away for the permanent visa and miss out the provisional stage I assume? So the £4750 is the approx total cost to get the permanent visa? 

You apply for both at the same time - it's just one application.  309 is temporary, 100 permanent.  309 leads to 100.  In some cases both are granted at the same time I believe

image.thumb.png.48ee61246aa3829412f197feb5e5a898.png

Partner visa (apply overseas) (subclass 309 and 100) (homeaffairs.gov.au)

Edited by FirstWorldProblems
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7 hours ago, bearnova64 said:

So what if the difference between the 309 and the 100 subclasses? I need to go through both the 309 and the 100 to get the permanent visa? To clarify....We are allowed to go and apply straight away for the permanent visa and miss out the provisional stage I assume? So the £4750 is the approx total cost to get the permanent visa? 

You don't get to choose.  You apply for the partner visa and they decide whether your evidence is sufficient to grant you the permanent visa straightaway.  If they decide it's not, you get the temp one. 

You asked about the house being registered in your name. Not a problem.  The important thing is to provide evidence of your shared finances.

Edited by Marisawright
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15 hours ago, bearnova64 said:

So what if the difference between the 309 and the 100 subclasses? I need to go through both the 309 and the 100 to get the permanent visa? To clarify....We are allowed to go and apply straight away for the permanent visa and miss out the provisional stage I assume? So the £4750 is the approx total cost to get the permanent visa? 

As long as you have proof that you’ve been in a de facto relationship for 3 years, or 2 years if you have a child together, you get PR at once, otherwise you need to wait 2 years. You apply for them together, 1 fee payable, but if you are together long enough you just bypass the 309.

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On 18/02/2023 at 06:52, Nemesis said:

As long as you have proof that you’ve been in a de facto relationship for 3 years, or 2 years if you have a child together, you get PR at once, otherwise you need to wait 2 years. You apply for them together, 1 fee payable, but if you are together long enough you just bypass the 309.

Once I apply for the partner visa I have 5 years to activate it by moving to Australia for good within that 5 year window? One of the responders mentioned popping over to Aus to activate the permanent visa to start to 5 year clock ticking ? Surly cost wise I do not have to do this. Rather I do all the application for the permanent visa from the UK and once granted I have 5 years to make the move to Australia before the visa expires?

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17 minutes ago, bearnova64 said:

 One of the responders mentioned popping over to Aus to activate the permanent visa to start to 5 year clock ticking ? Surly cost wise I do not have to do this. Rather I do all the application for the permanent visa from the UK and once granted I have 5 years to make the move to Australia before the visa expires?

Look at it the other way around.  When your visa is granted, you have a window of about 12 months, during which you're expected to make your permanent move.  Most people, if they are serious about moving, would make the move within that time.

If, for some reason, you're not able to move within that window, you have the option to pop over for a holiday during that period, to activate the visa.  Then you can take your time to make your permanent move.   

If you're not ready to move within the 12 month window and don't want to make an activation trip, then your other choice is to delay applying for the visa until you're ready to go.

 

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19 minutes ago, bearnova64 said:

Once I apply for the partner visa I have 5 years to activate it by moving to Australia for good within that 5 year window? One of the responders mentioned popping over to Aus to activate the permanent visa to start to 5 year clock ticking ? Surly cost wise I do not have to do this. Rather I do all the application for the permanent visa from the UK and once granted I have 5 years to make the move to Australia before the visa expires?

No.

Once your visa is approved you have 1 year to travel to Australia to activate it.

It remains valid for 5 years from date of approval.  How this works is a little bit complicated.   As I understand it you can come and go as you please during this 5 year period.  Once it expires though, if you leave the country, you no longer have a visa to re-enter.  However you can apply for a Resident Return Visa which is straightforward.   After being a permanent resident for 4 years you can apply for Citizenship.

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2 minutes ago, Marisawright said:

If you're not ready to move within the 12 month window and don't want to make an activation trip, then your other choice is to delay applying for the visa until you're ready to go.

 

I received some excellent advice from migration agent Paul Hand on this point.   I was trying to calculate the perfect time to put in my application so that I would receive my approval right before the time I want to move, giving me the maximum period on the other end of the 5 year validity.  None of us are getting any younger and whilst I am in great health today and should sail through the medical checks, anything can happen in a year or two.  So rather than kicking myself for waiting, I'm cracking on with it probably 20 or so months earlier than I really need to. 

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10 hours ago, FirstWorldProblems said:

I received some excellent advice from migration agent Paul Hand on this point.   I was trying to calculate the perfect time to put in my application so that I would receive my approval right before the time I want to move, giving me the maximum period on the other end of the 5 year validity.  None of us are getting any younger and whilst I am in great health today and should sail through the medical checks, anything can happen in a year or two.  So rather than kicking myself for waiting, I'm cracking on with it probably 20 or so months earlier than I really need to. 

Well, that's the advice I gave the OP:  you may as well get cracking on it, because it's too hard to predict how long the processing time will be.  Once you've got the grant, you can hop over to activate the visa and then relax and take your time to make the move. 

Sounds like the OP can't afford to 'pop over for a holiday' so that solution won't work for them.  They'll need to wait till closer to the time they want to move, I think.

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10 hours ago, FirstWorldProblems said:

Once your visa is approved you have 1 year to travel to Australia to activate it.

It remains valid for 5 years from date of approval.... How this works is a little bit complicated. 

It's not really complicated.  When you get PR, it comes with a 5 year "travel facility".  The PR gives you the right to reside permanently in Australia.  The 'travel facility' gives you the right to travel in and out of the country as often as you please.   Once the initial 5 year facility expires, you need to get a new one (the Resident Return Visa) every 5 years, unless and until you get citizenship.

Getting the RRV each time is straightforward, IF you meet the residency requirements (you must have lived in Australia for at least 2 of the preceding 5 years to be eligible).  If you don't meet the residency requirement, you can still apply, but it will be up to the discretion of the officer whether it's granted. Paul may have explained that?

I should say that there's no need to keep your RRV current if you're not planning to travel. There are many older PR holders in Australia who have never bothered to renew theirs, because they never go overseas.  However, most of us need to travel from time to time.   The big risk of not having a current RRV is if you need to travel in an emergency.  If you leave the country without one, they won't let you back into the country when you try to return, even though your home and family are in Australia. So it's always best to ensure you hold a current one.

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12 hours ago, Marisawright said:

Well, that's the advice I gave the OP:  you may as well get cracking on it, because it's too hard to predict how long the processing time will be.  Once you've got the grant, you can hop over to activate the visa and then relax and take your time to make the move. 

Sounds like the OP can't afford to 'pop over for a holiday' so that solution won't work for them.  They'll need to wait till closer to the time they want to move, I think.

So if I needed to hop over to activate it, to give me time to make the more more leisurely, there is no extra charges for this activation process?

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