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Hi All,

I am new to this forum, and I am looking for advise around implication of not filing for subclass 100 (the PR Visa)

I already have Temp Partner Visa subclass 309, and this month I received invitation to submit my application for the permanent stage (subclass 100) of my partner visa ; however I have learnt that if for any reason my permanent application (subclass 100) is rejected, I will loose my temp visa (subclass 309) too

Keeping the risk in mind, I wanted to understand from the this forum if I dont apply for permanent subclass 100 at all, can I still stay and work in Australia as-is for next 3-5 years? or will there be any disadvantage to be on my current temporary visa 309?

Any advise would be really helpful, looking forward to hear from you!

Cheers,
Siddhu
 

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I’m not an expert on this, nor do I pretend to be one, but if you don’t file the 100 portion of the documentation I would imagine you would then be rejected, this making your 309 void and you becoming unlawful.

What reason would your 100 be denied and why would you want to stay on the 309?
 

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There is no risk unless circumstances since the 309 have changed or fraudulent information was given.

I doubt very much they will give you 3-5 years to submit the 100 evidences required 2 years after the application date, and have now been informed to yourself it is due.

There are plenty of disadvantages being on a Temporary Visa. But the main is it is "temporary".
 

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If you do not supply documentation for the 100 eventually immigration will make a decision based on what you have provided, which would be a rejection since you would have not provided anything.

Disadvantages of the 309 is you cannot apply for citizenship, therefore cannot get HELP if you want to study. 309 is also international rates for study where 100 is domestic rates paid upfront. You can only limit certain benefits on a 309.

If you are in a genuine relationship and show enough evidence for immigration there should be no reason for them to reject the 100.
 

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You already applied for the sc. 100 visa when you applied for the sc.309 visa. If you do not provide the stage 2 ( ongoing relationship) documentation, the sc. 100 visa will be refused and your current visa will cease. Unless you are not in a genuine relationship, I can’t see any reason why you would not lodge the stage 2 documentation as soon as possible.
 
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Two reasons, I suspect. You listed the first, the other could be the travel facility on the 309.

Who knows.
 

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I would supply evidence for 100 as soon as possible if I were you (assuming you are still in genuine relationship). By staying on 309 it won't give you eligibility to become permanent resident or citizen.

You stated that you want to stay and work in Australia for the next 3-5 years... what will happen after that? Are you and your partner planning to reside to different country?

Seems rather odd that you spent 7k on this visa and don't want to become a PR.
 
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