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Discussion Starter · #1 · (Edited)
Hi Everyone,

New to this forum and hope someone with experience can help answer this :confused:

I am a South African married to an Australian born wife for more than 30 years. She immigrated to South Africa in 1977 at the age of 16 along with her parents and siblings and eventually lost her Aussie citizenship due to becoming a naturalized South African.

Both her father and youngest brother have subsequently moved back to Australia about 10 and 20 years ago respectively. During a visit in Oct-Nov 2016, when her father turned 80, we decided we would like to move there permanently as well.

The first step was for my wife to apply for the resumption of her Australian Citizenship which was granted in Feb 2017. I then applied for a partner visa 309/100 online using the "immi" website and, thus far, it seems they are happy with everything we have provided.

Today I however received an email stating that, as my wife/sponsor has not lived in Australia as an adult, according to PIC 4009, we need to provide evidence that we intend to move to Australia permanently. Question is - how does one do this besides our written statements stating what our future plans are, which they already have?

Unfortunately, as I currently do not (yet) have the right to live and work in Australia, I cannot officially apply for a job. My wife on the other hand, could apply for a job and, being a registered nurse and midwife, she should be able to find employment in most areas. My skills would however more likely be city bound and it would therefore be better if I could first find employment so that my wife can seek employment in the same city, wherever that happens to be. A sort of chicken and egg situation – which happens first?

BTW - we are both skilled and qualified to apply for jobs currently considered to be in high demand and short supply in Australia. We therefore believe we will be able to find employment in these areas, which would be of "Public Interest", even though we are in our mid 50's, and I will be stating this in my reply to aforementioned email.

Another alternative would be for my wife to move to Australia without me however, that would imply breaking up our household and living apart for however long it takes for her to first find employment and my visa to be approved, which is not ideal. Also, as previously mentioned, my wife could find employment in Adelaide, as that is where her brother lives and we hope to settle, however I may end up finding a job in Brisbane, requiring her to resign after only a couple of weeks/months in her new job, and then again seek employment where I will be based.

This last option is a sacrifice we would be willing to make provided we have some sort of assurance that it would guarantee my partner visa being approved? It would be extremely disruptive, not to mention financially damaging, if my wife were to give up her career and life in South Africa, move to Australia without me to start a new career, and then be told that her husband is not allowed to join her.

Therefore, besides our written statements of intent to permanently move to Australia, we do not know how else to prove that we are determined to make the move and would appreciate any guidance. Perhaps the granting of the visa could be subject to (one of) us moving to Australia within a reasonable time after it has been approved?

Any help or guidance would be much appreciated.
 

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That's a tough one. I think it would be a good investment to spend a couple of hundred dollars and have a consult with a good MARA-registered migration agent like one of the ones on this forum (there's a sticky at the top of the forum called Registered Migration Agents). Usually people use things like jobs they already have to go to, the purchase of a home or some other big investment, etc. Do you have evidence of telling your family you want to move to Australia permanently and join them? That would at least be something, but I don't think (?) it would be enough on its own. These are the things a good agent could advise you on. My concern though, is that you mention your wife finding a job NOW as evidence, etc., however USUALLY when they send you an email like this they only give you 28 days to provide evidence. They don't just sit and wait for months to give you a chance to do things like find a job. And with a partner visa, they definitely don't grant them with conditions like you're describing instead of accepting evidence they've asked for, unfortunately. I really would get an agent involved quickly.
 

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Yes it is not a common thing we see.

It is important to consult a Registered Migration Agent (the ones in the sticky are all very good), the RMA's have a subscription to the Immigration Dept policy. This will give them information on how the Dept deal with this issue.

A consult will cost around R2,000 - R2,500 so maybe also look at asking about a skilled path option as a possibility.
 

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Discussion Starter · #4 · (Edited)
Do you have evidence of telling your family you want to move to Australia permanently and join them?
Thanks for the replies CollegeGirl & ampk :D

What you said CollegeGirl, got me thinking...

We can provide proof of emails and WhatsApp communication with family, friends, colleagues, fellow church members, etc. sharing our plans. This includes family and friends who are Australian Citizens who completed Form888's outlining how and for how long they know us, which are attached to my online application.

Likewise I have email correspondence with a removal company asking for estimates to ship our personal belongings from South Africa to Adelaide as well as emails related to job applications and the opening of an Australian bank account, all of which I believe should prove intent?

We have also listed our current South African property for sale and can supply links to the online adverts with contact details of estate agents who all know that our reason for selling our house is due to the fact that we plan to immigrate.

As for the 28 days to provide evidence, my experience has been that this either resets once one notified them of additional info provided, or only starts counting down once an agent has been assigned to our case. Currently it seems as if I'm still corresponding with a local admin person based at the High Commission in Pretoria, South Africa who is working through a check list to ensure everything is ready before flagging the application as ready to be assigned to an immigration agent.
 

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If you read I think you will find you have 28 days to respond to their request for further information.

That can be you are waiting on a response from "X" and that is expected in around 90 days. You then supply a email, or other document that proves that you have taken this action and the reference to the 90 days.

You have then responded in the time frame and they will then happily wait the 90 days for you to then forward that info.

It will with out doubt be a local employee that contacted you and will have been directed or is your Case Officer.

They don't assign an immigration agent. It is only a Case Officer ( a South African on local pay rates - when I looked and was about 5 years back 8,000 Rand a month was actually at the time $2,000 Australian).

The Case Officer gets around 5 hours total to process the application and recommends it for a grant or refusal, it is then given to the Second Secretary who is an Australian Citizen to sign off on the Case Officers recommendation then the visa is granted or refused.

I do have the Second Secretary's of South Africa's Embassy cell phone number, but it is rare I pass it on.
 

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Discussion Starter · #7 ·
Thanks again everyone for your inputs.

I've replied to the last email they sent me and provided proof of the below in the form of emails and screenshots of online profiles and URL's.

They normally respond relatively quickly so here's hoping...

1. Communicating our plans to move with our family and friends and keeping them up to date with the progress made.
2. Me applying for and expressing interest in jobs as well as keeping an eye on what’s available.
3. Looking at property to buy in Australia
4. Listing and putting up our South African house for sale.
5. Enquire about opening a bank account in Australia.
6. Sold some personal belongings we do not intend to take with to Australia.
7. Enquire about cost of shipping and storing our personal effects to Australia.
 

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Congratulations!
I hope I don't get this question, as apart from a select few who have been asked to complete a 888 declaration we have kept our plans pretty quiet so far as we don't have a firm date, and don't want to upset family in the UK too far in advance!
 

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Whoop Whoop - seems my evidence was sufficient :D:D:D

Does the "First entry, arrive by" date mean I may not arrive before 29 June 2018 or I may not arrive later that 29 June 2018?
It means you may not arrive later than 29 June 2018.
 
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Also, congrats! Great job responding to that question.
 
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Discussion Starter · #12 ·
So, if I'm not yet ready to go lock, stock and barrel, I can pop over for a week visit just to "activate" the visa and then leave again to wrap up things before the permanent move?
 

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So, if I'm not yet ready to go lock, stock and barrel, I can pop over for a week visit just to "activate" the visa and then leave again to wrap up things before the permanent move?
Yep, that's totally fine!
 
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