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HuwandDonna

Partner Visa - Subclass 309 & 100

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Hi,

 

We are looking at applying for the Subclass 309 (temp) and subclass 100 (perm) visa for my partner.

 

I believe that if my partner is successful in getting the temp 309 visa then we have to wait 2 years before the perm 100 visa will be looked into... Is this correct?

 

Also, is it possible for us to move to australia under the temp 309 visa? Will my partner have to leave the country for the perm visa to be accpeted then??

 

One question: Is says on their PDF (1127.pdf) that:- 'You may, however, be granted a permanent visa without having to fulfil the usual two-year waiting period if:

• at the time you apply, you have been in a partner relationship with your partner for

3 years or more, or 2 years or more if you and your partner have a dependent child of your relationship'

 

We have been together (de-facto) for 10 years and have two daughters (aged 4 and 7 currently).

 

Have anybody else been down this route and didn't have to wait 2 years for the perm (100) visa? If so, how did it all work and how long did you have to wait?

 

Love to hear off someone who could clear this up for us!! :)

 

EDIT: Sorry just found this information:

 

Permanent Partner visa (subclasses 100 and 801)

If you:

• lodged your Partner visa application outside Australia; and

• were outside Australia at the time you applied,

you can be either in or outside Australia when the permanent Partner visa (subclass 100) is granted.

 

But would love to chat to others in the same boat as us and find out any tips etc to helping us out! :)

 

Thanks

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Guest Tillyloola
Hi,

 

We are looking at applying for the Subclass 309 (temp) and subclass 100 (perm) visa for my partner.

 

I believe that if my partner is successful in getting the temp 309 visa then we have to wait 2 years before the perm 100 visa will be looked into... Is this correct?

 

Also, is it possible for us to move to australia under the temp 309 visa? Will my partner have to leave the country for the perm visa to be accpeted then??

 

 

Love to hear off someone who could clear this up for us!! :)

 

Thanks

 

Depends on weather your married or not and also how long you have been together.

 

If you are de facto, then you have to have been living together for at least 12 months and be able to evidence this.

 

If your married then how long you have been together is not an issue as long as you can provide evidence that your relationship is genuine.

 

It depends on how long you have been together if your partner is granted a temp visa or goes straight to PR. If you have been together for over three years (or two years if you have a child together), then she can apply for a permanent visa straight away. If its less then she can only apply for a temp visa which would last for two years. After the two years, as long as you guys are still together and can evidence it, she would be granted PR.

 

You can both move over on a temp visa if granted, and she doesn't need to be off shore if and when PR is granted. The only time she would need to go off shore for a visa grant is if she applied for the off shore in the first place, then went to Australia on a tourist visa.

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Thanks tillyloola!

 

We have been together for just over 10 years and have two children aged 4 and 7. We are not married, yet!

 

So, does this mean that we just apply for the visa as normal and then they will *hopefully* grant a permanent visa straightaway or do we have to do something different to normal??

 

Thanks again

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Guest Tillyloola
Thanks tillyloola!

 

We have been together for just over 10 years and have two children aged 4 and 7. We are not married, yet!

 

So, does this mean that we just apply for the visa as normal and then they will *hopefully* grant a permanent visa straightaway or do we have to do something different to normal??

 

Thanks again

 

Nope nothing special for you to do, just apply as normal under de-facto but remember that you have to evidence the last three years so that they will put you straight on to PR :smile:

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Nope nothing special for you to do, just apply as normal under de-facto but remember that you have to evidence the last three years so that they will put you straight on to PR :smile:

 

Cool!! So happy with that, I didn't even realise until now!

 

Another question though, Regarding the evidence:-

Most of our financial dealings are separate. Not many things are in both our names even though we have lived in our own (rented) home for 8 years!! Do you think this will cause much of an issue?

 

For example; My partner closed her bank account down a few years ago and had all her money go into my bank account.

 

I sure hope it's not an issue!

 

Has anybody got caught out with any evidence issues?

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Hello,

 

Im applying for the 309/100 visa. Just lodged it a few weeks ago. I received an email stating that if I could supply just a little more evidence for last year and the year before about our relationship they would grant me a permanent visa rather than a temporary one. I was so hell bent on supplying evidence from the beginning of our relationship that I didn't really send much stuff covering the most recent years so I think that's why they are asking for that. I've just sent them more bank statements and council tax bills as that's all we have in both our names so I wouldn't worry about not having lots of utilities in both of your names.

 

Hope that helps :biggrin:


Subclass 100 visa granted 12th Sept 2011. Emigrated to Melbourne 5th March 2012.

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Hello,

 

Im applying for the 309/100 visa. Just lodged it a few weeks ago. I received an email stating that if I could supply just a little more evidence for last year and the year before about our relationship they would grant me a permanent visa rather than a temporary one. I was so hell bent on supplying evidence from the beginning of our relationship that I didn't really send much stuff covering the most recent years so I think that's why they are asking for that. I've just sent them more bank statements and council tax bills as that's all we have in both our names so I wouldn't worry about not having lots of utilities in both of your names.

 

Hope that helps :biggrin:

Thanks for that reply.

 

Was it really difficult getting all the evidence? Was you nervous that you didnt get enough or didnt get what they wanted??!!

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Thanks for that reply.

 

Was it really difficult getting all the evidence? Was you nervous that you didnt get enough or didnt get what they wanted??!!

 

Yes, it was very time consuming getting it altogether. It took is about 10 months to get it all ready to be sent off. We really tried to cover all bases with regards to what they might want to see. It was only on their desks for 4 days until we got an email asking for me submit my Police Check and go for my medicals and also supply that little extra bit of evidence so here's hoping it's going to be a quick application.

 

What stage are you at with it all?


Subclass 100 visa granted 12th Sept 2011. Emigrated to Melbourne 5th March 2012.

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We are at the very start of it all. We are just getting all the info and forms etc right now.

The evidence bit sounds scary bur its good to know that they will ask for more info if they need it.

Would it be possible for you to give examples of what you sent in please?

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Hiya,

 

We sent off a huge box which contained the following:

Stat dec from me

Stat dec from my Aussie hubby

Stat dec from my parents

Stat dec from hubby's parents

3 stat decs from aussie friends

Letter from our doctor stating that we both live at our current address and are both registered at the same docs

Council tax bills with both our names and address on

Bank statements from 2 of our banks with our names and address on

6 Photos from over the years and a stat dec to declare what/where they are from

Marriage certificate

Both our birth certificates

A couple of invites for weddings/parties with both our names on

A couple of envelopes with both our names on

A letter from the council stating that they had received notification that my hubby was moving in with me and therefore our council tax would go up - glad i found this as it proves we live together

A bunch of phone bills proving contact between each other

A bunch of emails from the beginning of our relationship

A whole load of travel evidence as we go away an awful lot

Passport photos of us both

Photocopies of our passports

Photocopies of passports of everyone that wrote stat decs

And then the forms that you fill in and i think that was everything! Phew!!!


Subclass 100 visa granted 12th Sept 2011. Emigrated to Melbourne 5th March 2012.

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Wow! Thanks for that reply.

 

Lots of stuff to try and gather then. Bit scary but we'll get it sorted I suppose.

 

Thanks again.

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At the beginning it felt quite overwhelming when we were putting it all together but you get into it and start raking the house for anything that might be relevant. You'll get there! Any questions just direct them here or somewhere else on this forum, i've found its really helped me keep my sanity! x


Subclass 100 visa granted 12th Sept 2011. Emigrated to Melbourne 5th March 2012.

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Hello

did you end up getting an answer on this? Similar situation here. Not sure if I have to be offshore for grant if subclass 100 as website reads otherwise!

 

cheers!


De facto Partner Visa lodged 11th June 2013 with London (front loaded with PCC), CO assigned 25th June 2013, Medical 11th Sept 2013, waiting for grant :wacko:

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I would have thought your case was very straightforward. You have had children together dating back 7 years, live at the same address and could have statements from friends to indicate that your relationship has been continuous. The kids birth certificates naming you both as parents will be key.

 

The defacto visa is much abused by people whose relationships are well short of what one might expect from a normal marriage. That's why the evidencing tends to be so tough. But surely to goodness, it is obvious from your kids that you guys are genuine and they wouldn't want a box load of stuff from you - and I'm not convinced they ever really need a box load of stuff.


Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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Guest
Hello

did you end up getting an answer on this? Similar situation here. Not sure if I have to be offshore for grant if subclass 100 as website reads otherwise!

 

cheers!

 

This thread is a few years old. I suggest you start a new thread to ask your questions as the OP may not be active any more on the site.

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