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Discussion Starter · #1 ·
Hi looking for some advice.

I'm currently waiting for a PMV 300 visa and as anyone in the same situation knows it's hard to be apart. My partner is from a high risk country and has been refused for a visitor visa (despite me doing a stat dec, including a lot of info and context around the PMV 300 and how we wouldn't jeopardize that and know you need to be offshore etc etc).

My question is, I'm thinking of going to my partners country to work so we can be together. It would be a 2 year contract potentially so unsure of my best way forward (I'm an Australian citizen)

Can I still go down to 820/801 route and just return to see family here when I apply/it's granted ? Thus keeping the reduced fee when I apply for the 820/801.

Must I change it to a 309 whilst we are defacto or married abroad and lose my 300 application fee ?

Totally confused and any help appreciated, understand it's a weird situation but the thought of 15 months apart with only 4 weeks annual leave and travel visa let downs is unbearable.
 

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If you marry prior to the grant of the 300, you can ask the department to switch your application to a 309/100 but from what I understand, you will then be assessed by the criteria of the 309/100 which is much more than the 300.

Timing would be difficult if your partner went the normal 300 to 820/801 route because the 300 comes with travel rights but is only 9 months. Your partner then needs to be onshore after marriage to apply for the 820/801 and if the 820 isn't granted before the 300 expires, the BVA will go into effect that has no travel rights. A BVB can be applied for to leave and reenter Australia but they don't usually grant them for very long from what I've seen on here unless you get lucky. And the 820 can only be granted onshore so your partner would need to come back to Oz for that.
 

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What were the reasons that you provided in the Visitor Visa application and how long did you request?

Applying for a Visitor Visa on the grounds of waiting for another visa decision is not grounds for a Visitor Visa to be granted.
 

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Discussion Starter · #4 ·
Thanks so much for the reply. Confirmed pickle.

Hi ampk, that wasn’t the reason I applied for a tourist visa. I stated a 3 week travel period with detailed itinerary but the minimum I could select was 3 months. The purpose of the tourist visa was to experience Australia culture/areas of tourist interest, to pick a wedding location and to meet my immediate family (like I have met my partners) for a period of three weeks. I couldn’t prove the three weeks because I wasn’t prepared to book tickets before a visa was granted.

I provided a lot of attachments including letters from me and my partner and a stat dec from me, including the pmv300 acknowledgement and referenced it in the letters. To be honest looking at the reply I got I’m not entirely sure they read all the information as one of the reasons they gave wasn’t correct and the answer clearly stated in the body of my letter and supporting evidence. That said with lengthy appeals and generic replies such as “I note the applicant has family ties however it’s not uncommon for xxxxx people to live remote from their families in search of work/migration outcomes” what can you do. Anyway whinge over.

Thanks for the advice I’ll have a think

 

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Discussion Starter · #5 ·
Sorry, I referenced the PMV 300 as an additional reason to return stating we wouldn’t breach a VV600 as it would jepourdise the PMV 300 and our future in Australia together. Also that we were both aware my partner needed to be offshore to be granted.

I didn’t reference it to give weight as a reason to visit if that makes sense ☺
 

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Discussion Starter · #7 ·
Reasons were quite weak which is why I did a stat dec and had to use the PMV 300 as one of the reason. I had immediate family in partners country with family book and domicile record / proof of addresses. Bank accounts with a reasonable amount of money in, a lease agreement and vehicle as an asset. My partner does not work because my partner looks after their sisters children while her sister works. Partner gets supported by me on a regular and routine basis which provides a good standard of living with the low cost of living out there. Evidence of this was provided but they saw the monthly payments over the past 6 months as “deposited prior to visa application and therefore doubted the true financial situation”. I’ve seen rejection letters when people have a house based on these assets can be disposed of and funds accessed remotely.

Not meant to be and the only way would be to ditch the care of the sisters kids and get full time employment for 6 months plus. Even then I’ve seen statements such as “due to the difference in economic circumstance I apply no weighting to full time employment”.

Sorry, feeling a little deflated. I also consulted a registered migration agent who told me it was a lottery in this country.

Thinking one more 😬
 

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Yes a few countries like that, some have been told stop applying you will never get a Visitor Visa.

We had to leave one of my partners daughters behind (as a security deposit) for the other 2 to be granted Visitor Visas.

She had a job at the Uni for 6 years, $20K in the bank, and property.

In PAM 3 it says the Case Officer basically does not need to consider the letter of support (your stat dec) in making a decision of the visa and it is up to the applicant to supply the proof. Sadly that can be very hard to do.
 

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I also consulted a registered migration agent who told me it was a lottery in this country.
It might be handy to know the county of application, as it seems to vary a lot, by country.

We did the visitor visa route, from the Philippines, after the PMV 300 application, and had no reason or proof of intention to return, and even said it was so we could wait for the 300 together in Australia.
No job, no money in bank. But we got a 12 month visa.

Other countries would deny a visa instantly with that sort of application.
 
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