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Decision made, panic setting in ;)

6K views 24 replies 4 participants last post by  rhirhi 
#1 ·
Hi all,

Now that we've made the decision of applying for a partner migration visa (I'm Austrian, he's Australian, we live in the UK) I'm starting to panic!

Not about the move (well, not yet) but the the whole process of applying for a visa. Complicated much?

Well it looks like this forum is the perfect source of information and I can't wait to get stuck in!
 
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#2 ·
Hi First starting point is the australian immigration site to determine what visa to apply for; probably 309 or 300, you will need forms 47sp and 40sp
The cost is $2,680 plus medicals and other expenses
good luck
 
#3 ·
Hi Aussieboy07,

Yeah, I've painstakingly collected all the info from the Immi website & am currently working through it. Some things though are just not clear enough from the official documentation - which I'm hoping this forum is going to help with :)
 
#5 ·
Yeah, I've read about the 8-9 months wait. We're basically working backwards from when we'd like to move to when we have to lodge the application (i.e. to get an initial entry date within our preferred moving months, 12 months from my police clearance certificates).

Still it's all speculation and that uncertainty makes me slightly nervous... For now I'm aiming to compile an application that is as complete/perfect as possible. We've given ourselves a few months to do that, so we'll see.

I'm lucky in that my partner will stay with me in London until I'm (hopefully) granted the visa.

Good luck with your application!
 
#6 ·
Hi guys!

My partner is Swiss and we are looking at applying January 2014. I want to make sure i have everything in order so we have the best chance at being granted the 309 visa.

Where are you guys up to? What proof do you guys have? When do you plan on applying?

It will be nice to have people that understand what we are going through and are even able to help us!

Good luck!
Rhiannon
 
#7 ·
Hi Rhiannon,

We are looking at requesting the police clearance certificates at the end of October/beginning of November and then apply as soon as we have them in our hands (I need an Austrian & UK one). So that would probably be at some point November/December this year.

So far I've collected a lot of photos that show the two of us (travelling, with friends & family etc), receipts from travels, correspondence addressed to the both of us, rental agreement, bills etc.
We are also thinking of opening a joint bank account for rent & bills to show even more of a financial commitment (at the moment we split bills).

We are also starting to think of who to ask for their statutory declarations...

So much to think about! :eek:
 
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#9 ·
I know! It's so much information to handle, plus so many timelines to combine (how long is stuff valid for, when to hand in things etc).

We've lived together for about a year now (just renewing our lease), so 1,5 years by the time we apply.

What's your situation like? Have you been living together for a while?
 
#10 · (Edited)
i know...i'm so scared i'll miss something and screw the whole thing up.

I just made a thread but ill copy it in here so you can read our situation...
Sorry in advance....it's kind of a lot to take in haha

My partner is Swiss and i am Australian. We want to apply in January 2014 and hopefully move over in January 2015.
We have been together since July 2011. We began living with each other in March 2012 but we were staying with his mother at the time. We moved into our own place in November 2012. We have had a joint bank account for a year now.

There are few things i'm worried about....

We are quite young....i'm only 21 and he is 22....is is likely they wont take us seriously?

We have lived together for over a year now but I'm worried we wont be able to use the time we lived together with his mother....we will have lived in our own apartment for one year when we apply but the more time living together we can prove the better....

Until this year i didn't earn very much money. When i moved to Switzerland i was on a "gap year" and working as an inturn....now im stuying my diploma in childrens services and plan to go back to Australia so i can go to university.....will they therefore say i am "unfit" to support him? Even though he has a qualification, can speak english well and will be able to work if granted the visa? I've seen you no longer need to prove savings but will i have to prove i can provide for us both?
 
#11 ·
Do you have proof of your time living together at his mother's? i.e. correspondence to the both of you? That, in combination with a statutory declaration from his mother stating that you lived with her for that period should hopefully be enough proof, especially given as you'll have been living together independently for a year by the time you apply and will have proof for that. So the time at this mother's would just be a bonus to prove, no? :)

I haven't seen any comment anywhere about age being a massive concern (as long as your over 18, obviously), but then I'm only just starting to research. I would assume that as long as you've got enough proof of the seriousness of your relationship, you'll be fine.

Yes, I noticed that there's no longer any need to pay a deposit to prove the Australian side of the partnership does have the savings/financial means to support the migrating partner.
But from what I've read so far, they ask of you to provide information about accommodation in Australia (where are you going to stay, are you providing accommodation for your partner) and the employment situation (employed/job secured so that you're able to support etc.). So there might be some questions raised as to whether you'll be able to support your partner while he is searching for a job himself.

We're lucky in that my partner does own property in Australia (currently rented out) and has his old job waiting for him when he returns.

Have you thought about how you're going to finance that initial period in Australia? And do you have family/friends to stay with while sort out a place of your own?
 
#12 ·
You guys are so lucky you can plan in advance. I got offered a job I couldn't refuse back home a month ago so all system go for us. Have the removes lists here today and I fly tomorrow with a 2yr old and no hubby :-(

With the police checks we didn't do his as I thought they request it later - is this wrong? This waiting is going to drive me crazy but I think we are going to get him to come over on a tourist visa and visit so we aren't seperated the entire time.
 
#13 ·
We have bank statements addressed to both names at that address and we both have a paper from the apartment company saying we lived at that apartment. In the bank statements we also paid rent to his mother (through our joint account). It would be great if his mother could sign a statutory agreement but doesn't that need to be signed also by a justice of the peace? I'm not sure we would be able to find one in Switzerland! haha.

When we arrive (hopefully) in Australia we plan to stay with my father until we both get jobs. The thing is i need to study so i'd probably be on a student allowance and he will be the main money maker (which i don't plan to write like that to the case worker because i realize it is supposed to be me supporting him although his able to get a job on the 309 visa)
Do you know if i actually have to have a job confirmed by a business?

Thank you for your help, i really appreciate it!
 
#14 ·
@Nomes79:

I had assumed that you need to provide the police clearance certificate with your application. The medical on the other hand is only done after the Australian High Commission requests it (this is for London, mind).

Applicants for Citizenship by Descent aged 18 and over, applying in London require a police clearance. They must provide a clearance for each country they have resided in for more than 12 months since reaching the age of 18. This includes Australia.

[source: http://www.uk.embassy.gov.au/lhlh/immi_character.html]

I would check though with the office your submitting your application to.

Poor you, having to leave your hubby behind. If it was me I'd definitely get the tourist visa sorted out as quickly as possible. Though he'd probably have to apply for the partner visa first, no, before he leaves for Australia? I've read that if you let your case officer know about your situation they'll let you know before the partner visa is granted so the migrating partner can travel outside of Australia (as that's where he needs to be when it's granted if he lodged offshore).

@rhirhi:

Well that sounds like plenty of proof regarding the two of you living together! :)

You don't need an Australian justice of peace to witness the statutory declarations, just the equivalent in the country you're living in.

For Switzerland the Australian Embassy in Germany (also responsible for Switzerland and Liechtenstein) says this about certified copies:

- An official of your local registration/passport office
- A notary public


[source: http://www.germany.embassy.gov.au/beln/certified_en.html]

For statutory declaration requirements, have a look at Form 888 (Statutory declaration by a supporting witness relating to a partner visa application) on the Immi website, it states:

If you are outside Australia and are unable to get an Australian citizen or Australian permanent resident to complete a statutory declaration in support of your relationship with your partner, you may obtain statements from people who know you and your sponsor. Such statements are not statutory declarations under Australian law. However, in accordance with policy, they should be witnessed or certified according to the legal practices of the relevant country. Failing that, they should be witnessed by a person whose occupation or qualification is comparable to those listed above. This person should sign, date and specify their occupation at the bottom of the statement.
You should confirm the requirements with the nearest Australian mission overseas when you lodge your application. Contact details for Australian missions are available on the department's website
 
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#15 ·
@rhirhi:

In the form the sponsor has to fill out (40SP) it says:

You will also need to demonstrate that you will be able to meet your sponsorship obligations as undertaken by you when you complete and sign this form (see 'Your sponsorship undertaking' below). The information requested on this form, including documents relating to your employment and income, will assist the decision-maker in deciding whether you are able to meet these obligations.

I don't think there's actually any section in the form that asks for details about your employment situation / income but I get the feeling that is something that might be requested if you are not providing it with the application. Or it might come up in an interview if you have to go through one of them.
 
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#16 ·
You should be a case worker! haha! You know exactly where to look and what you are doing.

I think i'll give the immigration office in London a call again. I called them last week and asked them (briefly) about the finance side of things and she said you know longer need to prove savings but she didnt mention weather or not i have to show i have a job lined up.

It's just so much to read and complete....i feel like their are so many things you can mis interpret, get caught with or miss...

hopefully we can work something out! Will you work when you get to Australia?

Thanks again!
 
#17 ·
good luck

Yes it is best to have completed the police check and submit with visa application. Also there is some expectation that the sponsor (Aussie) has the means to support the applicant, though you are right in saying there is no deposit for a spousal/PMV visa.
I would also ask the neighbour to your mother for a stat dec stating that she has witnessed you living at your mother's house. If you can't get a JP to witness your declaration try some one of standing in the community ie: someone from the council/mayor - policeman.
The age is un-important as long as you have the evidence to support the fact that you are in a relationship. The more evidence the better
A statement from your mum in Australia saying that you both have free accommodation in the family home will also go a long way. Remeber it is normal for some familes to have more than one generation living under the same roof.
Hope this helps
 
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#19 ·
@rhirhi:

Yes, I'll be looking for a job as soon as I get there. I work in IT and hope to find a job within a reasonable amount of time...
 
#22 ·
I don't think anyone can expect you to have a job lined up 9 months before you actually get into the country.

As I mentioned, my partner's situation is slightly different, which is lucky for us (he worked at his old company for almost 10 years and they've been asking him to come back ever since he moved to the UK).

If I was in your situation I would maybe outline your plans for finding a job, evidence of the job you have got at the moment (if applicable) and qualifications/experiences (ideally proving you'd be working in an occupation that is on Australia's "wanted skills" list).

But please check with others that have been in a similar situation! This is just what I would do... :eek:
 
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#25 ·
Hi!
I just wanted to confirm you are right Rheia! I wrote to London immigration and got this response

Below is the email i sent:

My partner and i are beginning the process of
collecting documents we need to have for the partnership visa 309 and i
just wanted to ask you how i (the sponsor) can prove i can financially
support my partner as i am currently not living in Australia and can not make job applications 9-12 months in advance on the basis i 'may' return to Australia if my partner is granted a visa. Am i required to show some type of proof for this or do i just need to sign the agreement that i will support my
partner?

The following is the response i received:

Thank you for your enquiry.

In relation to your query, please note that the applicant is required to be
sponsored for a Partner visa by an Australian citizen, Australian permanent
resident or eligible New Zealand citizen partner. As part of the
sponsorship obligations the sponsor is agreeing to provide adequate
accommodation and financial support for you and any dependents. The 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 the
sponsor to the sponsorship obligations. In addition, they may provide a
statement and/or evidence detailing how they meet these requirements
including how they and their partner intend to support themselves once
arrived in Australia. There is no specific format for this.
Please refer to Booklet 1 - Partner Migration for further information.
Partner Migration Booklet

When lodging your application for a partner visa, please feel free to
include a covering letter explaining your circumstances.
Please note that within 7-10 your application will be allocated to a
case-officer at which point you will be able to discuss your concerns with
them.

 
#24 ·
You guys are definitely lucky! Thats great though :) i don't think you have anything you need to worry about :)

Yeah i guess thats all you can do...like you said it's not like i can apply and say "i need a job for 10 months time and i cannot confirm we will definitely be coming" haha.
I'll look into it for sure though :)
 
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