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Guest Dashuto

Worried about 309/100 Visa

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Guest Dashuto

Hello, nice to meet you all. I am an American male who has been in a long distance relationship with a female partner in Australia since August 2009.

 

I visited Australia in August of 2010 for a two week period, and my partner visited America from Mid November 2010 till early February 2011.

 

I proposed to her while she was here in the states and she said yes. We were considering waiting until my Nursing schooling was finished for me to go over to Australia, on closer inspection, transferring my education would not work well unless I reached a bachelors, which would take 3 more years for me.

 

Faced with this, we are engaging the idea of having me come over this year and marry early so I can become educated in Australia instead. The problem and worry with this however is I am afraid I will be seen as someone who cannot contribute enough to be worthy of a 309/100 visa.

 

I have only had basic job experience until my current age of 25, and I won't have finished any college degrees by the time I apply. I have no criminal history and excellent medical however. Do things look grim for me when my only work experiences have been kitchen work and loading moving trucks?

 

Thank you for reading my post.

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The 309/100 has nothing to do with your skills/work experience. They really don't care and it isn't even mentionned on the forms. What they are interested in is whether the relationship is genuine, and whether your partner can support you for the first two years as you can't claim benefits even if you can't find employment. I'm assuming you would be applying for the Prospective Marriage Visa to enter australia in the first instance?

 

Be aware that while you have full work and study rights on a 309 visa, I'm pretty sure you'd be paying international student fees until the PR 100 visa gets granted.

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Guest Dashuto

Ah, thank you so much for telling me that, information has been somewhat difficult to find despite the internet being at my hand.

 

I am a little confused by the differences between the 309 and the 300 prospective you mentioned, I was under the impression I should use the 309 and then pair the 100 with it as was suggested by the australian immigration website.

 

The 300 was also recommended, but it seems to be standalone? If you have a measure of advice to offer, I would be very greatful, perhaps I do not completely understand if the 300 could be better in my situation. We plan to get married a few months after I arrive, and my intent is to stay there as long as I am allowed or permanently.

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Ah, thank you so much for telling me that, information has been somewhat difficult to find despite the internet being at my hand.

 

I am a little confused by the differences between the 309 and the 300 prospective you mentioned, I was under the impression I should use the 309 and then pair the 100 with it as was suggested by the australian immigration website.

 

The 300 was also recommended, but it seems to be standalone? If you have a measure of advice to offer, I would be very greatful, perhaps I do not completely understand if the 300 could be better in my situation. We plan to get married a few months after I arrive, and my intent is to stay there as long as I am allowed or permanently.

 

If you plan on marrying a few months after you arrive in Australia, a subclass 300 Prospective Marriage visa would be the way to go. That way, you would have work privileges from when you enter the country. After your marriage, you then apply for an 820/801 onshore Partner visa which is much the same visa as a 309/100 but is the onshore version.

 

You haven't lived together, so you're not eligible for a 309/100 as a de facto Partner before you marry and if you come to Australia on an ETA or Tourist visa and then marry, you would still apply for an 820/801, but you wouldn't be able to work while you were waiting for it to be granted. You could apply for Permission to Work, but you need to prove financial hardship to get it.

 

Have a read of the Partner Migration booklet. It sets out the differences between the visas and is a bit easier to follow than the website.

http://www.immi.gov.au/allforms/booklets/1127.pdf

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