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Guest Frasier2

Permanent resident and partner applying from UK?

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Guest Frasier2

Hello everyone! New members here hoping for a bit of advice, if possible!

 

We're hoping to emigrate later this year but we're having a bit of trouble working out the best visa for my boyfriend. I have permanent residency but have never lived in Australia; when reading the criteria for a partner/de facto visa it would seem that the only way to obtain one of these is if the permanent resident is living in Australia at the time. Can anyone confirm if this is correct?

 

If we can't apply for a partner visa we're looking at applying for a working holiday visa for him so that we can move out together, and then apply for a partner visa once we're out there. Does anyone have any experience of emigrating this way? We've tried calling the government's visa hotline today but have given up after being cut off every time we got through.

 

Many thanks!

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Hello everyone! New members here hoping for a bit of advice, if possible!

 

We're hoping to emigrate later this year but we're having a bit of trouble working out the best visa for my boyfriend. I have permanent residency but have never lived in Australia; when reading the criteria for a partner/de facto visa it would seem that the only way to obtain one of these is if the permanent resident is living in Australia at the time. Can anyone confirm if this is correct?

 

If we can't apply for a partner visa we're looking at applying for a working holiday visa for him so that we can move out together, and then apply for a partner visa once we're out there. Does anyone have any experience of emigrating this way? We've tried calling the government's visa hotline today but have given up after being cut off every time we got through.

 

Many thanks!

 

Hi and welcome:smile:..have you looked at this visa on DIAC Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100) ..my daughter is looking at applying for this for her partner..she has lived in Aus, but i can't see anywhere where it says you have to have lived there..have you validated your visa?


Former Resident visa (subclass 151) granted in 1999 - Living back in Perth...

 

 

 

 

Terri :smile:

 

 

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Guest Frasier2

Thanks for the speedy reply and the welcome!

 

This is the visa that we've been looking at, but it seems to expect that I (as the permanent resident) will be living in Australia already.

 

This is the bit that threw us (from the checklist for the 309/100):

 

 

Photocopies of one of the following documents to show your sponsor’s employment during the last two years:

 

  1. Australian income and/or overseas tax assessment notice
  2. a letter from their employer confirming length of employment and annual salary
  3. payslips
  4. if your sponsor is self-employed or self-funded from other sources, business documents or a letter from your sponsor’s accountant.

 

Obviously, I wouldn't be able to provide this evidence unless I moved out before him. It's all so confusing! Also, it says this in the booklet that accompanies the forms for this visa:

 

"If you wish to sponsor the visa applicant as your fiancé(e) or partner, you must:

• be an Australian citizen, Australian permanent resident or eligible New Zealand

 

 

citizen"

 

My visa has been validated; I received permanent residency as my parents included me in their application when they applied for their own (they've lived in Australia for a few years, and I was living at home at the time they applied). I've never lived in Australia.

 

Thanks again!

 

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Hi, to be elligible for a PR to sponsor their partner on 309/100 visa you need to meet this criteria: "you are required to be usually resident in Australia". Pg 15 of the partner migration guide: 1127.pdf (application/pdf Object)

 

If you have only validated the visa, I don't know how you can show that you are "usually resident in Australia"?

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Guest Frasier2
Hi, to be elligible for a PR to sponsor their partner on 309/100 visa you need to meet this criteria: "you are required to be usually resident in Australia". Pg 15 of the partner migration guide: 1127.pdf (application/pdf Object)

 

If you have only validated the visa, I don't know how you can show that you are "usually resident in Australia"?

 

Hello!

 

To be honest, I thought as much - was just hoping to be told otherwise! In that case, is the second option I stated (holiday working visa, then application for a partner visa once we're out there) the best way to go?

 

Thanks!

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Yep, WHV then partner is the route I'd take... If you have evidence of living together for 12 months in the UK, you can still apply for a partner visa as soon as you can show that you've taken up residence in Australia.

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Guest Frasier2

Perfect! After eight years together, that shouldn't be a problem hehe!

 

Thanks for all of your help, both - it's very much appreciated.

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Perfect! After eight years together, that shouldn't be a problem hehe!

 

Thanks for all of your help, both - it's very much appreciated.

 

Is that 8 years of living together, joint bills, insurances, council tax etc? :wink:

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Guest Frasier2

Four and a half, which should stand us in good stead. Still no ring on my finger, though...! :laugh:

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No probs:smile:..Peach seems to be on the ball with this..i personally would still enquire further down the partner route, as you have PR and have immediate family there..not always set in stone..all the best and hope you get out to Aus whatever and enjoy!..


Former Resident visa (subclass 151) granted in 1999 - Living back in Perth...

 

 

 

 

Terri :smile:

 

 

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Four and a half, which should stand us in good stead. Still no ring on my finger, though...! :laugh:

 

Lol. I've been with my lady love since 2001 and we have two kids, but no marriage. :)

 

What I'm prodding it is what evidence have you got to prove that you have been living together for those 4.5 years? Start digging it up now.

 

This is what I was able to supply as verifiable evidence:

 

Certified (some by a magistrate/some by a local solicitor)

 

 

  • Confirmation of Death in Service payment from my partner to me

  • Confirmation of Death in Service payment from my me to partner

  • Partner's car insurance with me as named driver

  • My car insurance partner as named driver

  • Joint mortgage offer

  • Remortgage correspondence from conveyancing solicitor

  • First joint bank statement

  • Council Tax bill from 2008

 

Uncertified

 

 

  • Numerous travel and holiday itineraries going back to 2002

  • Invoice from nursery addressed to both of us

  • Amex statement showing partner's supplementary card on my account

  • Stat decs (Our's, Both mums, A friend).

 

Which didn't seem that much..

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Guest Frasier2
No probs:smile:..Peach seems to be on the ball with this..i personally would still enquire further down the partner route, as you have PR and have immediate family there..not always set in stone..all the best and hope you get out to Aus whatever and enjoy!..

 

Thanks, Pingpongpom2! My mum is going to ring the visa helpline on their end tomorrow in the hope that it's easier to get some answers, so I'll ask her to enquire about that. Between my mum and this messageboard, we'll get there hehe!

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Guest Frasier2

We've been gathering together some evidence but you're right, we need to get digging! So far we have the boring things like bank statements, rental agreements and council tax bills, and then personal things like holiday photos and itineraries, emails from each other dating back to around 2004, birthday and Christmas cards (I'm a sap and keep these!) and my dad and his friend (both Australian citizens) have written us lovely personal statements.

 

I hadn't thought about car insurance etc, so thank you!

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Also, to add to my PM if your PR visa is as dependent of your parent's skilled visa I would be very cautious about speaking to DIAC about your plans. They might get funny about you being a dependent on their visa, but actually living with your boyfriend. Apologies if this wasn't the case. Trying to cover all eventualities :wubclub:

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Guest Frasier2
Also, to add to my PM if your PR visa is as dependent of your parent's skilled visa I would be very cautious about speaking to DIAC about your plans. They might get funny about you being a dependent on their visa, but actually living with your boyfriend. Apologies if this wasn't the case. Trying to cover all eventualities :wubclub:

That's a really good point, and one I hadn't thought of! I'm peering at my visa now but can't see anything about being a dependant printed on it. I extended it when I was 20 (it was coming up to expiry and I was in uni at the time) so I don't know if I would be a dependant, but I'm going to make sure that my mum keeps things anonymous tomorrow! Cheers!

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what subclass is your visa then?:smile:


Former Resident visa (subclass 151) granted in 1999 - Living back in Perth...

 

 

 

 

Terri :smile:

 

 

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Guest Frasier2

I feel like I have my own visa guru!

 

It's a 155, which I've just Googled (ahem) and it seems to be a Five Year Resident Return Visa. No mention of being a dependant, unless I'm being a bit thick!

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Guest Lottee
Hello everyone! New members here hoping for a bit of advice, if possible!

 

We're hoping to emigrate later this year but we're having a bit of trouble working out the best visa for my boyfriend. I have permanent residency but have never lived in Australia; when reading the criteria for a partner/de facto visa it would seem that the only way to obtain one of these is if the permanent resident is living in Australia at the time. Can anyone confirm if this is correct?

 

If we can't apply for a partner visa we're looking at applying for a working holiday visa for him so that we can move out together, and then apply for a partner visa once we're out there. Does anyone have any experience of emigrating this way? We've tried calling the government's visa hotline today but have given up after being cut off every time we got through.

 

Many thanks!

 

Hiya

 

I am in a similar situation to you. I have a perm resident visa but have yet to make the move out to Oz. Hoping to do so this year. After my visa was granted i met my current partner as we still live in UK.

 

We are currently applying for an defacto visa, offshore, for my partner.

 

I was worried that it would be a problem that i am not a resident of Australia yet so i put in an enquiry with the Australian High Commission and this is what they said:

 

'Usually Resident

 

An Australian permanent resident is defined in Australian Migration regulations as a non citizen who, being usually resident in Australia is the holder of a permanent visa.

 

'Usually resident' is not defined in migration legislation, although the policy intent was for it to provide a test of the sponsors commitment to Australia and capacity to support the applicant. As a matter of policy, we usually support a generous interpretation, particularly given the increasing impact globalisation has on where people choose temporarily to live and work. Therefore in the absence of periods of long term residence in Australia, weight may be accorded to a person’s 'firm intention to reside' in Australia. '

 

Sponsorship Undertaking

 

There is no specific format for the statement you will provide explaining how your sponsor will meet sponsorship obligations including how you intend to support yourselves once you arrive in Australia. Your sponsor will need to sign a sponsorship undertaking at the end of the Form 40SP Sponsorship for a Partner to Migrate to Australia. This legally binds your sponsor to the sponsorship obligations.

 

The Case Officer assessing your visa application will consider all the information you provide and decide whether your partner can meet the sponsorship obligations. If the Case Officer deems that your partner will not be able to meet their sponsorship obligations, the Case Officer may request an Assurance of Support. You can find more information about an Assurance of Support in the Partner Migration Booklet. You do not need to provide an Assurance of Support when you submit your visa application. The visa officer assessing your application will request this from you if it is required.

Not Migrating Straight Away

 

It is acceptable to apply for a Partner Visa even if you may not intend to reside in Australia immediately after the visa has been approved. If this is your intention, you should make this clear in the application. You may still be required to provide an Australian contact address.

 

Anyway we have applied for the partner visa as my partner is too old to come with me on a Working holiday visa. We have backed up our case by trying to demonstrate our firm intentions to move to Australia once the visa is granted.

 

Hope that helps!

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I feel like I have my own visa guru!

 

It's a 155, which I've just Googled (ahem) and it seems to be a Five Year Resident Return Visa. No mention of being a dependant, unless I'm being a bit thick!

 

This is what my older children have also and is of their own accord, so not dependant on us..the message from Lottee seems hopeful for you even though you are not resident in Aus..so lots of good luck to you!:yes:


Former Resident visa (subclass 151) granted in 1999 - Living back in Perth...

 

 

 

 

Terri :smile:

 

 

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Guest Frasier2

Lottee, you're a star! What you've written is similar to the info given to my mum by the Australian visa offices today - they said to provide my UK payslips in lieu of Australian ones. It's fab to know that they assess applications on a personal level, and hopefully we can convince them that we're great and be eligible for the de facto visa! We shouldn't have a problem with the condition of having 'firm intention to reside' as I have immediate family out there, and my boyfriend will have no problem getting a job with his current company if he needs one (though they're unable to sponsor him).

Thanks so much for relaying that info, we really do appreciate it. Good luck to you and your partner!

 

Thank you, Pingpompom2! :biggrin:

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Hiya

 

I am in a similar situation to you. I have a perm resident visa but have yet to make the move out to Oz. Hoping to do so this year. After my visa was granted i met my current partner as we still live in UK.

 

We are currently applying for an defacto visa, offshore, for my partner.

 

I was worried that it would be a problem that i am not a resident of Australia yet so i put in an enquiry with the Australian High Commission and this is what they said:

 

'Usually Resident

 

An Australian permanent resident is defined in Australian Migration regulations as a non citizen who, being usually resident in Australia is the holder of a permanent visa.

 

'Usually resident' is not defined in migration legislation, although the policy intent was for it to provide a test of the sponsors commitment to Australia and capacity to support the applicant. As a matter of policy, we usually support a generous interpretation, particularly given the increasing impact globalisation has on where people choose temporarily to live and work. Therefore in the absence of periods of long term residence in Australia, weight may be accorded to a person’s 'firm intention to reside' in Australia. '

 

Sponsorship Undertaking

 

There is no specific format for the statement you will provide explaining how your sponsor will meet sponsorship obligations including how you intend to support yourselves once you arrive in Australia. Your sponsor will need to sign a sponsorship undertaking at the end of the Form 40SP Sponsorship for a Partner to Migrate to Australia. This legally binds your sponsor to the sponsorship obligations.

 

The Case Officer assessing your visa application will consider all the information you provide and decide whether your partner can meet the sponsorship obligations. If the Case Officer deems that your partner will not be able to meet their sponsorship obligations, the Case Officer may request an Assurance of Support. You can find more information about an Assurance of Support in the Partner Migration Booklet. You do not need to provide an Assurance of Support when you submit your visa application. The visa officer assessing your application will request this from you if it is required.

Not Migrating Straight Away

 

It is acceptable to apply for a Partner Visa even if you may not intend to reside in Australia immediately after the visa has been approved. If this is your intention, you should make this clear in the application. You may still be required to provide an Australian contact address.

 

Anyway we have applied for the partner visa as my partner is too old to come with me on a Working holiday visa. We have backed up our case by trying to demonstrate our firm intentions to move to Australia once the visa is granted.

 

Hope that helps!

 

This is excellent information, thanks for sharing :wubclub:

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Guest andyjudytaylor

Hello. have just read through all the info given. In similar situation. Son came out last sept with girlfriend to join us. She came out on 12mth working visa. Got cold feet, went home after 6 weeks and my son followed. They have been living together over 2 yrs. Have today spoken to DIAC who have said, If she comes across now on Partner Migration form it will be no problem But will take 2yrs to process. Could come out on sponsored visa, again takes 8-10 mths. We were advised to do a 457 visa. it's a sponsered work visa but it's temporary. Processing time 4-6 weeks. It lasts for 4yrs and at any time you can apply for a different Visa(any of above). If you become a Citizen in that time and then marry your boyfriend it helps.

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Hello. have just read through all the info given. In similar situation. Son came out last sept with girlfriend to join us. She came out on 12mth working visa. Got cold feet, went home after 6 weeks and my son followed. They have been living together over 2 yrs. Have today spoken to DIAC who have said, If she comes across now on Partner Migration form it will be no problem But will take 2yrs to process. Could come out on sponsored visa, again takes 8-10 mths. We were advised to do a 457 visa. it's a sponsered work visa but it's temporary. Processing time 4-6 weeks. It lasts for 4yrs and at any time you can apply for a different Visa(any of above). If you become a Citizen in that time and then marry your boyfriend it helps.

 

Just to note that a 457 visa is an employer sponsored visa - which means you need to find a skilled job that you are qualified to do and an employer that is prepared to offer you sponsorship before you can apply for this visa.

 

Your son and his girlfriend are better off applying for a partner visa from the UK (309/100) - takes four to six months to process.

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Guest Lottee
Lottee, you're a star! What you've written is similar to the info given to my mum by the Australian visa offices today - they said to provide my UK payslips in lieu of Australian ones. It's fab to know that they assess applications on a personal level, and hopefully we can convince them that we're great and be eligible for the de facto visa! We shouldn't have a problem with the condition of having 'firm intention to reside' as I have immediate family out there, and my boyfriend will have no problem getting a job with his current company if he needs one (though they're unable to sponsor him).

Thanks so much for relaying that info, we really do appreciate it. Good luck to you and your partner!

 

Thank you, Pingpompom2! :biggrin:

 

So glad i could help :-)

 

I have provided my UK payslips so thats good.

 

Good luck to you as well - fingers crossed we all have a happy ending!

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Guest Sk1ppy

Hi, I'm australian and currently live in the uk wiv my partner and we just submitted her visa a couple of weeks ago so as far as I know the sponsor doesn't have to live in oz :wink::wink:

 

Good luck!!

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