[newhavenct]

Hi everyone,
First of all, this is such a great resource, and I thank everyone for creating and contributing to this forum!

I'm looking for some guidance lodging the 309 vs 820 subclass partner visas.

My husband (Australian citizen) and I (US/Canadian citizen) have been married for over 3 years living in the US. We're looking to move to Australia in June 2020 after I finish my master's program.

As far as I can tell, our options right now are:
1. Lodge 309 from the US and hope that the application is approved prior to June 2020.

2. Go to Australia and file the 820. (Would I be entering Australia using am ETA?)

We have a decent amount of experience with immigration as my husband and I went through the immigration process for him to the US (and already have loads of documentation supporting our relationship).

A major concern for us is that I can legally work not too long after entering Australia. Because the wait time for the 309 is currently sitting at such a long time (potentially), I'm concerned that I won't have authorization to live/work in Australia until much later than I had hoped.

Would you file offshore or onshore? What considerations did you take into account when deciding between the two? Is there anything else I'm missing?

Thank you very much!

 

[taco]

Hi everyone,
First of all, this is such a great resource, and I thank everyone for creating and contributing to this forum!

I'm looking for some guidance lodging the 309 vs 820 subclass partner visas.

My husband (Australian citizen) and I (US/Canadian citizen) have been married for over 3 years living in the US. We're looking to move to Australia in June 2020 after I finish my master's program.

As far as I can tell, our options right now are:
1. Lodge 309 from the US and hope that the application is approved prior to June 2020.

2. Go to Australia and file the 820. (Would I be entering Australia using am ETA?)

We have a decent amount of experience with immigration as my husband and I went through the immigration process for him to the US (and already have loads of documentation supporting our relationship).

A major concern for us is that I can legally work not too long after entering Australia. Because the wait time for the 309 is currently sitting at such a long time (potentially), I'm concerned that I won't have authorization to live/work in Australia until much later than I had hoped.

Would you file offshore or onshore? What considerations did you take into account when deciding between the two? Is there anything else I'm missing?

Thank you very much!

With your timeline I would apply the 309 now. If you are not moving to Australia until 2020 there is no predicting what the rules will be at that time but based on recent trends it is only going to get more difficult and more expensive. So the earlier you can file the better. Two years should be enough though it seems no guarantees of course. It will also likely be easier to get your US police checks organised when you are still there vs over the mail.

You can go to Australia as a genuine tourist (eVisitor rather than ETA I believe for US citizens) and if you realise once there that your plans have changed you can likely apply for the 820 onshore (unless you have a no further stay condition but from the US that is unlikely) but you should not travel there with the intent to file the 820. The 820 visa assumes you live in Australia and comes with restrictions on travel so it is likely not possible to go to Australia, apply for an 820 and then return to the US for 2 years (others more qualified may comment on that). If you are willing to stay there after your application it is a viable route.

So in summary, if you do not intend to move until June 2020 I would apply for the 309 as soon as possible.

 

[auspak19jan]

Hi everyone,
First of all, this is such a great resource, and I thank everyone for creating and contributing to this forum!

I'm looking for some guidance lodging the 309 vs 820 subclass partner visas.

My husband (Australian citizen) and I (US/Canadian citizen) have been married for over 3 years living in the US. We're looking to move to Australia in June 2020 after I finish my master's program.

As far as I can tell, our options right now are:
1. Lodge 309 from the US and hope that the application is approved prior to June 2020.

2. Go to Australia and file the 820. (Would I be entering Australia using am ETA?)

We have a decent amount of experience with immigration as my husband and I went through the immigration process for him to the US (and already have loads of documentation supporting our relationship).

A major concern for us is that I can legally work not too long after entering Australia. Because the wait time for the 309 is currently sitting at such a long time (potentially), I'm concerned that I won't have authorization to live/work in Australia until much later than I had hoped.

Would you file offshore or onshore? What considerations did you take into account when deciding between the two? Is there anything else I'm missing?

Thank you very much!

Applying onshore would have been good idea if you wanted to apply now in august 2018. as you guys can be together there in Australia and also work on BVA to continue your life well n good. except no right to vote in elections. and wait for potentially 2 years approx and get permanent visa straight away by june 2020 as your are married for more than 3 years. and wait for another couple of years to apply citizenship but........(useless extra information)

However it is very SMART that you are planning couple of years in advance. I suggest you to apply 309/100 now on basis my following logic.

because.......... let's assume
Application date 20 August 2018
Police clearance 20 Feb 2019 (usually valid for a year)
309 and permanent 100 Visa will Granted more likely long before Jan 2020

*********even with Current 21 months processing time Mean 309/100 will be granted in May 2020

i assume 21 months processing time is going to lower back to less than 18 months after it updates by 17 August 2018.

If you start filling out application online, by the time your prepare application you will find out more if processing times are going to lower or not. even if it doesn't; you will more likely have your PR 100 visa by June 2020.

Only thing you will need to worry is; what if they issue your visa too early like in 8 months and allow you only 1 year before you can make your first entry. hopefully someone else may clarify this better.

 

[newhavenct]

Thank you both very much for your input!
re: early acceptance. If I happen to be lucky and receive approval early for my 309/100, I assume it will be at least June 2019. But no basis for this assumption, just the cynicism in me after having struggled through USA immigration.

I'm not sure what the requirements are for the visa to activate. Would I need to simply enter Australia, or maybe there's a set period of time I would need to stay in Australia? Either way, I've posed a question to Mark so hopefully he can shed some light!

I'm excited and nervous to jump into this process. Thank you both so much!

 

[Mania]

You will need to enter Australia prior to the expiry of your medical/police checks which are valid for 1 year.

Fly in get off the plane leave the airport renter and leave again.

 

[taco]

I'm not sure what the requirements are for the visa to activate. Would I need to simply enter Australia, or maybe there's a set period of time I would need to stay in Australia?

You just need to clear immigration, so no minimum stay. It could just be part of a holiday or your permanent move if the timing works out.

The reason to time the medicals and police check a bit carefully is to allow yourself a bit of time to plan that trip (especially from the US- I live in the US myself and the trip to Perth is not a trivial undertaking!) since their 1 year validity determines the "must activate by" date. If you are not in a hurry for the visa then I would just wait until you are asked for them as it is typically the last step of the process and it gives you the most flexibility.

 

[ampk]

Yes the must enter before date is linked to either the police or medical certificate - the one that expires first.

This can give you something to plan around after they request them from you.

If they request them early, some grants can be very fast sometimes like 2 months so keep that in mind also.

 

[newhavenct]

You just need to clear immigration, so no minimum stay. It could just be part of a holiday or your permanent move if the timing works out.

The reason to time the medicals and police check a bit carefully is to allow yourself a bit of time to plan that trip (especially from the US- I live in the US myself and the trip to Perth is not a trivial undertaking!) since their 1 year validity determines the "must activate by" date. If you are not in a hurry for the visa then I would just wait until you are asked for them as it is typically the last step of the process and it gives you the most flexibility.

My husband and I used to live in Madison, WI, and his family is in Perth. I've made that trek 3 times and can attest to the undertaking!

 

[newhavenct]

Thank you all so much!
I better roll up my sleeves and begin amassing documents, organizing files, etc. and lodge my 309/100 application soon!

I'll keep this updated in case anyone has a similar situation so I can be helpful.