mlphw Posted January 16 Share Posted January 16 Hello, I am looking for some answers around the partner visa and wondered if anyone had a similar experience and could share with me! Firstly, a little background! I am originally from the UK but spent 10 years in Sydney (2007-2017) and whilst there I got my Australian Citizenship so now I have both UK and AUS citizenship. In 2018 I met my now fiance and in 2019 and 2021 we had two children. We have lived together since 2018, have joint bank account, mortgage etc. but we are not yet married and have not set a date to get married as yet. We would like to relocate to Australia in 2027 - this is because my fiance has an older child who will turn 18 in 2027. We are not applying for a visa for this older child as he wants to stay in the UK with his Mum and possibly come over at a later stage on a working holiday visa. We have been looking at the off-shore partner visa (309/100) for my fiance. So my questions are: 1. My understanding is that I can apply for citizenship by decent for our two children and therefore they wont need a visa - is that correct? 2. Is the 309/100 visa the right one?! 3. As I would be my fiances sponsor - do I need to be in Australia whilst he applies? Or can we both remain in the UK whilst the application is processing and then travel as a family to Australia once granted. 4. Also, once the 309 visa is granted is there an expiry period by which time he must have entered Australia? As in if we apply now and get granted the visa in say 2025 or late 2024 , can we wait until 2027 to enter Australia or will the visa lapse? Thanks so much for taking the time to read this and for any advice given is much appreciated :) Quote Link to comment Share on other sites More sharing options...
Marisawright Posted January 16 Share Posted January 16 I would suggest you book a paid consultation with a good migration agent, to get advice on what to do about the 18 year old (try Suncoast Migration or Go Matilda). It's possible he could be included on your fiance's visa if he applies before the child turns 18. Although the child doesn't want to migrate now, he might change his mind in future, and once he's 18 it may be too late. Once he's an adult, being the son or daughter of a permanent resident doesn't count for anything, and his only option will be to do all the years of study and work experience to possibly get a skilled visa in his own right, if he's lucky. If you include the child in the application, all he has to do is go on holiday to Australia with his father so they can activate their visas together, then he'll have a few years to decide what he wants to do -- and even if he decides not to make the permanent move during that time, the fact that he's already held a PR visa means that he'll be able to revive it in the future. As for your other questions: Yes, if you can get citizenship by descent for your children, they won't need visas. I suggest you get that organised now. Yes, the 309/100 visa is the right one. No, you don't have to be in Australia to apply for it. Currently it's only taking 3-6 months for the visa to be granted, if you apply from the UK. Once the visa is granted, he will have a year to activate the visa. That means he must arrive in Australia and go through Immigration, but it can just be for a holiday. Once the visa is activated, he must move permanently to Australia before the "must not arrive after" date on his visa. That date is 5 years from the date of grant (NOT 5 years from the date of activation). So let's say you apply now, and the visa is granted in April, he (and his son) will have until March 2025 to make his activation visit. Then they will have to make the permanent move before April 2029. 2 Quote Link to comment Share on other sites More sharing options...
paulhand Posted January 16 Share Posted January 16 29 minutes ago, Marisawright said: I would suggest you book a paid consultation with a good migration agent, to get advice on what to do about the 18 year old (try Suncoast Migration or Go Matilda). It's possible he could be included on your fiance's visa if he applies before the child turns 18. Although the child doesn't want to migrate now, he might change his mind in future, and once he's 18 it may be too late. Once he's an adult, being the son or daughter of a permanent resident doesn't count for anything, and his only option will be to do all the years of study and work experience to possibly get a skilled visa in his own right, if he's lucky. If you include the child in the application, all he has to do is go on holiday to Australia with his father so they can activate their visas together, then he'll have a few years to decide what he wants to do -- and even if he decides not to make the permanent move during that time, the fact that he's already held a PR visa means that he'll be able to revive it in the future. As for your other questions: Yes, if you can get citizenship by descent for your children, they won't need visas. I suggest you get that organised now. Yes, the 309/100 visa is the right one. No, you don't have to be in Australia to apply for it. Currently it's only taking 3-6 months for the visa to be granted, if you apply from the UK. Once the visa is granted, he will have a year to activate the visa. That means he must arrive in Australia and go through Immigration, but it can just be for a holiday. Once the visa is activated, he must move permanently to Australia before the "must not arrive after" date on his visa. That date is 5 years from the date of grant (NOT 5 years from the date of activation). So let's say you apply now, and the visa is granted in April, he (and his son) will have until March 2025 to make his activation visit. Then they will have to make the permanent move before April 2029. Can’t argue with any of that : -) 2 Quote Link to comment Share on other sites More sharing options...
mlphw Posted January 16 Author Share Posted January 16 Thank you so much @Marisawright for taking time out of your day to answer me - especially in such detail! That is super clear and helpful thank you again - I had not considered adding my partners eldest son to the application as I assumed he would not be eligible (we have 50%/50% shared custody arrangement with his Mum). I assumed she would need to agree (which we doubt she would before he is 18) and also that as the child is not solely dependent on my partner (as he has his Mum) that he would not be eligible. I will seek professional advice as you suggest Thanks again Quote Link to comment Share on other sites More sharing options...
Nemesis Posted January 17 Share Posted January 17 On 16/01/2024 at 12:54, mlphw said: Thank you so much @Marisawright for taking time out of your day to answer me - especially in such detail! That is super clear and helpful thank you again - I had not considered adding my partners eldest son to the application as I assumed he would not be eligible (we have 50%/50% shared custody arrangement with his Mum). I assumed she would need to agree (which we doubt she would before he is 18) and also that as the child is not solely dependent on my partner (as he has his Mum) that he would not be eligible. I will seek professional advice as you suggest Thanks again Unless things have changed in recent years, and @PaulHand could advise on that, then the older child is still a dependent of your partner, in which case I think he would be required to have a medical etc anyway, even with shared custody. 1 Quote Link to comment Share on other sites More sharing options...
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