Partner 309 (UK)- can my sponsor return to Oz whilst our application is considered?

[Guest ikans]

Hello All! - It's been a while since I last posted!

 

My Australian partner and I have been in a de facto relationship now for over 3 years. Just over a year ago we left our flat in Australia (I was sponsored 457) and came to live in the UK (joint tenancy with another couple for 12 months).

 

We now wish to apply for the 309 visa so that we can return to Aus with my Australian partner being my sponsor. We believe that we meet the standard eligibility criteria (finance, committed relationship etc) however we aren't sure about a few details:

 

- Do we both need to be residing outside of Aus whilst my app is being considered? Will she be required to attend an interview with me at Australia House in London?

- If we lodge our application this April and my partner returns to Aus in the interim (April onwards) will this affect our application?

- This is likely to happen as my partner has potential work back in Melbourne but we are concerned that it may appear to contradict our claim to be in a de facto relationship if we will be apart for the duration of the app (we plan to meet in Asia, visits etc)

 

Compared to many peoples troubles this may seem a little OTT and silly but we are really worried and cannot seem to get any advice from the official channels, would appreciate the help from you all!

[Guest AKA63029]

Hi ikans.

 

Not OTT at all, all part of the migration package I guess.

 

Can't personally answer your question but many have been in the same boat, and hopefully will be along soon to answer your queries.

 

Good luck matey, the answer is out there somewhere.:yes:

 

Cheers Tony.

[JoandJon 868]

Your sponsor can return no probs - i did and jon got his visa. Its inly yiu that needs to be iut of aus when the visa is granted.

Just include yiur partner's plans in your statements - and detail how you will keep in touch in the interim.

 

;-)

[Guest ikans]

Many thanks guys for the advice - looks like we should be ok - just gotta sit it out now!!!

 

best!:biggrin:

[JoandJon 868]

And a belated apologies for my typos - anytime you see that, it's a pretty sure bet I'm responding via my phone!!

 

(Now of course I'm on the pc, nice and comprehensible!)

[Guest GeorgeD]

 

- Do we both need to be residing outside of Aus whilst my app is being considered? Will she be required to attend an interview with me at Australia House in London?

- If we lodge our application this April and my partner returns to Aus in the interim (April onwards) will this affect our application?

- This is likely to happen as my partner has potential work back in Melbourne but we are concerned that it may appear to contradict our claim to be in a de facto relationship if we will be apart for the duration of the app (we plan to meet in Asia, visits etc)

 

 

1) No problem, only the offshore applicant needs to be offshore at time of application. The sponsor can be anywhere. Chances are she won't be interviewed. very few UK applicants are interviewed, and even if they did require an interview, it could be done by telephone.

2) Shouldn't be a problem, life goes on even while you are applying for a visa, so you don't need to stay in the same situation as you were in.

3) Don't worry too much about this...but do take the opportunity to explain it (if your application is made when you are apart). If you are apart on a temporary basis, and intend to be together permanently then that isn't an issue. Saying you didn't join your partner in Oz only because you didn't have a visa is a reasonable thing to say, you don't have work rights, but inted to join them as soon as it is granted, or they will return to the UK if your application is denied. If you have plenty evidence for the past 3 years, confirming your itnentions for the future is of lesser importance as they can see how combined your lives are. If you apply before your partner moves to Melbourne, I wouldn't mention it! It hasn't happened yet, so isn't definite.