Advice on Visa Type to Apply For?

[bearnova64]

My Australian fiance(she born there) and I ( I am born in England) wish to move permanently to Australia and then a few years after settling marry there. We have lived together in the UK for 4 years in a property we own and have plenty of evidence we are a genuine couple. As gaining permanent residency over temporary I am told has many advantages I assume I should

1) Apply for a permanent subclass 100 visa instead of the temporary 309 visa? 

2) What are the approximate total costs of applying for the permanent visa ( assuming you advise I should go for this over the temporary) ?

3) How long roughly does it take to process the visa application and once approved I have to move within what time window before it expires and I would have to reapply?

4) Once we move to Australia, there is no time window in which we have to get married?

[FirstWorldProblems]

My 309/100 was approved earlier this year so I have some recent relevant experience

 

1) no, you apply for both together.  There's no separate application nor separate cost.  Most often in straightforward cases they get approved together.

2) I spent £5,400.  The application is the bulk of it.  Then medicals, police checks etc.

3) I spent almost 50 hours completing the application.   It was approved 6 weeks after submission and might have been quicker if I hadn't sat on my hands for several weeks after being asked to submit medical checks.  

3a) you have to travel to Australia within a year to activate your visa.    You can literally fly in and fly out if you wish.

3b) 5 years from grant.    There might be complications around Resident Return Visa if you haven't lived in Australia for 2 years prior to the end of the 5 but doesn't seem like a material issue.    

4) I don't think so.  It's a partner visa, not a prospective marriage visa.

 

[Marisawright]

1 hour ago, bearnova64 said:

As gaining permanent residency over temporary I am told has many advantages I assume I should

1) Apply for a permanent subclass 100 visa instead of the temporary 309 visa? 

No, because you don't get to choose. You apply for a partner visa and Immigration decides which one to give you, depending on how long you've been together and how convincing your evidence is.

You don't have to marry, ever.   In Australia, a de facto relationship is recognised as the equivalent of marriage and has the same protections under law. 

Edited July 27, 2023 by Marisawright

[Nemesis]

8 hours ago, bearnova64 said:

My Australian fiance(she born there) and I ( I am born in England) wish to move permanently to Australia and then a few years after settling marry there. We have lived together in the UK for 4 years in a property we own and have plenty of evidence we are a genuine couple. As gaining permanent residency over temporary I am told has many advantages I assume I should

1) Apply for a permanent subclass 100 visa instead of the temporary 309 visa? 

2) What are the approximate total costs of applying for the permanent visa ( assuming you advise I should go for this over the temporary) ?

3) How long roughly does it take to process the visa application and once approved I have to move within what time window before it expires and I would have to reapply?

4) Once we move to Australia, there is no time window in which we have to get married?

If you have enough evidence to convincr Immigration you are a de facto couple, then they will make the decision about whether to grant you PR (100) or Provisional Spouse (309).

For PR you need 3 years together, unless you have a child, in which case it is only 2 years.

[Raul Senise]

12 hours ago, bearnova64 said:

My Australian fiance(she born there) and I ( I am born in England) wish to move permanently to Australia and then a few years after settling marry there. We have lived together in the UK for 4 years in a property we own and have plenty of evidence we are a genuine couple. As gaining permanent residency over temporary I am told has many advantages I assume I should

1) Apply for a permanent subclass 100 visa instead of the temporary 309 visa? 

2) What are the approximate total costs of applying for the permanent visa ( assuming you advise I should go for this over the temporary) ?

3) How long roughly does it take to process the visa application and once approved I have to move within what time window before it expires and I would have to reapply?

4) Once we move to Australia, there is no time window in which we have to get married?

Its a two stage application applied at the same time

Cost will depend on whether you do it yourself or use an Agent

Latest published processing time have blown out. Latest published figures are between are 5 to 96 months

You don't have to get married as you are de facto