Subclass 309 - marriage? Move to Aus? HELP!

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Subclass 309 - marriage? Move to Aus? HELP!


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Old 02-23-2019, 10:56 AM
Rem Rem is offline
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Subclass 309 - marriage? Move to Aus? HELP!

Hello,

I’m hoping someone can help clarify a few questions for me. I’ve read some forums on here but unfortunately none of them have given me further clarity...

So my fiancÚ has recently been granted his subclass 309 partner (provisional) visa, it has given us 6 months to enter Australia, but we aren’t ready to leave the UK (permanently), we are hoping to live here for another 2 years. We’re also intending on having a long engagement (not really bothered as to when we get married)... BUT, I don’t know if we have the luxury to pick and choose when we go, or if we need to be married..
So my questions are:

-) do we BOTH need to enter Australia before the “arrive by” date?

-) do we need to stay for a certain period of time? I.e. can we go for a holiday or do we need to remain/live there?

-) do we need to complete any paperwork whilst we’re there?

-) do we need to get married by a certain date whilst we are waiting for his subclass 100 Visa to be granted?

-) do we need to be living in Australia in order for the subclass 100 to be granted? (I’ve read someone we can be in or outside Australia but does that mean we could still be living in the UK when subclass 100 is granted)?

Really appreciate any advice you can offer me on these questions!
Many thanks in advance 🙂

Remy


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Old 04-28-2019, 04:56 PM
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[QUOTE=Rem;1937295]Hello,

I’m hoping someone can help clarify a few questions for me. I’ve read some forums on here but unfortunately none of them have given me further clarity...

So my fiancÚ has recently been granted his subclass 309 partner (provisional) visa, it has given us 6 months to enter Australia, but we aren’t ready to leave the UK (permanently), we are hoping to live here for another 2 years. We’re also intending on having a long engagement (not really bothered as to when we get married)... BUT, I don’t know if we have the luxury to pick and choose when we go, or if we need to be married..
So my questions are:

-) do we BOTH need to enter Australia before the “arrive by” date?

-) do we need to stay for a certain period of time? I.e. can we go for a holiday or do we need to remain/live there?

-) do we need to complete any paperwork whilst we’re there?

-) do we need to get married by a certain date whilst we are waiting for his subclass 100 Visa to be granted?

-) do we need to be living in Australia in order for the subclass 100 to be granted? (I’ve read someone we can be in or outside Australia but does that mean we could still be living in the UK when subclass 100 is granted)?

Really appreciate any advice you can
offer me on these questions!
Many thanks in advance 🙂

Remy[/QOTE]



Hi Remy


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Old 04-30-2019, 06:09 AM
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Join Date: Jan 2016
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Quote:
Originally Posted by Rem View Post
Hello,

I’m hoping someone can help clarify a few questions for me. I’ve read some forums on here but unfortunately none of them have given me further clarity...

So my fiancÚ has recently been granted his subclass 309 partner (provisional) visa, it has given us 6 months to enter Australia, but we aren’t ready to leave the UK (permanently), we are hoping to live here for another 2 years. We’re also intending on having a long engagement (not really bothered as to when we get married)... BUT, I don’t know if we have the luxury to pick and choose when we go, or if we need to be married..
So my questions are:

-) do we BOTH need to enter Australia before the “arrive by” date? No. It's not your visa, therefore not your condition. Only the person(s) who was granted the partner visa.

-) do we need to stay for a certain period of time? I.e. can we go for a holiday or do we need to remain/live there? No, he can enter and turn right back around again if he wants.

-) do we need to complete any paperwork whilst we’re there? Not in regard to the visa. I always carry a copy of my grant letter with me in case of technological errors, and have needed to have that hard copy on one occasion during all my travels due to my visa not showing in the system.

-) do we need to get married by a certain date whilst we are waiting for his subclass 100 Visa to be granted? No. There's no requirement for you to marry at all with a sc 309 so whether you do or not is irrelevant. The marriage requirement is for 300 holders, which is a different partner visa path altogether.

-) do we need to be living in Australia in order for the subclass 100 to be granted? (I’ve read someone we can be in or outside Australia but does that mean we could still be living in the UK when subclass 100 is granted)? No. The sc 100 can be granted whilst the 309 holder is anywhere in the world. That being said, they may question his intention to move to Australia with you if you haven't done so, and the purpose of the partner visa is to be able to move to Australia for the partner. So when stage 2 eligibility comes around, it would probably be in his best interest to upload something showing that you have intention to move along with the rest of his documents and evidences.

Really appreciate any advice you can offer me on these questions!
Many thanks in advance 🙂

Remy
See above answers in bold.

Edit: Additionally, keep in mind that permanent residency, whilst permanent, does not allow unlimited travel to and from Australia forever. It comes with an initial 5 year travel period but beyond that, the 100 holder would need to actually apply for and be granted a resident return visa (RRV) to be able to enter Australia. To be granted an RRV, the person must have spent a certain amount of time living in Australia and established ties. It's a good idea to read up on the requirements for future reference and planning.


Last edited by Skybluebrewer; 04-30-2019 at 06:13 AM.

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