Temporary or Permanent Partner Visa?

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Temporary or Permanent Partner Visa?


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Old 01-12-2012, 03:23 AM
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Question Temporary or Permanent Partner Visa?

Hi everyone,

I just had a question about eligibility for the subclass 100 for the Partner Visa. I read a post by "Leanne" (Hi Leanne. Sorry, didn't want to break the rules about replying to posts on the timeline thread) in the Family Visa Timeline thread, stating that she received an email asking for medicals for her husband and that it looked as though the application was for the Subclass 100 (permanent) visa rather than the usual temporary subclass 309 visa. I understand that they have been together for 5 years, are married and have a baby together, so I can see why this would make them eligible.

When I checked my partner's email requesting medicals the email stated that it was for a "Subclass BC/100" category visa. Does anyone know what the "BC" stands for and whether or not this means we are also being considered for a permanent visa? I think this would be unlikely in our case as although we have been together almost 5 years and lived together over 2.5 years in total we had gaps in between due to visas etc and only lived together without any time in between for 15 months prior to lodging our application. I should mention at this point that the form for the medical checks mentions Subclass 309, so I'm a bit confused. I'm sure that we're not eligible for the permanent visa as there seem to be lots of people on here more eligible who are still granted a temporary visa for 2 years first.

Does anyone have any experience with this? Have any of you been granted a permanent visa outright, and if so, under what circumstances? Thanks!

P.S. I did read about outright permanent visa eligibility in the Partner Migration booklet but the criteria weren't 100% clear to me. They state that a Subclass 100 visa may be granted outright when a couple has been in a "partner relationship" for at least 3 years. I'm not sure if "partner" criteria is equivalent with "de facto" or not...


Last edited by miniature.moose; 01-12-2012 at 03:25 AM.

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Old 01-12-2012, 05:44 AM
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Hi,

I am in the same situation, been together 6 years and lived together with lots of gaps, now just short of 3 years without a gap. I called immigration last week and asked about whether I should wait for the exact 3 years but they said it doesn't have to be 3 years of continuous living together if you can show you have been in a serious long term relationship, even long distance e.g. phone contact. I hope that's right and I am eligible for PR outright too.

But I'd also like to know if anyone has been approved without a clear case of living together...

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Old 01-12-2012, 05:53 AM
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Very interesting GermanInBrissie! I am interested to hear what others have experienced with this as well. Good to hear that you can apply for sublass 100 outright- simplifies things a bit! It's a shame that Germany doesn't allow dual citizenship though...then again, PR is almost as good


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Old 01-12-2012, 07:54 AM
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Oh, I always thought I can easily get dual citizenship but my partner can't as an Aussie - I just checked again after reading your post and it's the other way around! But you can keep German citizenship when you apply before going for Aussie citizenship and they might grant it in some cases...Hm, might just keep PR then, that's if I get it


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Old 01-12-2012, 08:04 AM
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I'm sure you'll get PR if that's what info they've given you. Yeah I think Germany only allows dual citizenship from other EU countries unfortunately. Australia allows dual citizenship regardless of nationality (as far as I know) but if Germany doesn't allow it, wouldn't a German citizen have to renounce their German citizenship in order to be an Australian citizen even though Australia allows dual citizenship...or would it only be the case that an Australian citizen would have to renounce their Australian citizenship to be eligible for German citizenship? Surely a child born to Australian and German parents would automatically have dual citizenship...right? Confusing. Anyway, I think PR is a good place to start!


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Old 01-13-2012, 05:14 PM
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Hi Miniature Moose and GermanInBrissie,

In my own experience being a dual citizen can be somewhat tricky but mostly countries stick to what is correct within their own jurisdictions.

In your cases I know that Australia would recognise the German citizenship, but I think that Germany would simply consider that the German citizen was only a German citizen. This is true if the German citizenship was the first citizenship and any other was received subsequent to it.

On the other hand, if, being a citizen of another country, one applied to become a citizen of Germany, it would be probably be a condition of the application that any other citizenships held would be declined.

It may be that the dual citizen would leave and enter Germany on their German passport and leave and enter Australia on their Australian passport (the latter is definitely true as entering on any other passport requires a visa). In some countries where dual citizenship is not allowed it may be wise to hide the second passport and the fact of its existence, but I don't think Germany is on that list.

As for children, matters of dual citizenship are rarely automatic but definitely possible. It also depends on the country in which the child was born. It usually just takes an application. If, for example, a child with one Australian citizen parent was born outside of Australia, then an appplication for the child to receive 'citizenship by descent' should be fairly straightforward. However, keep in mind that that child may have difficulty passing on the Australian citizenship to his or her own children if the child had not spent considerable time in Australia.

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Last edited by Adventuress; 01-13-2012 at 05:18 PM. Reason: added information

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Old 01-13-2012, 10:12 PM
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Great info adventuress. Thanks!


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Old 01-13-2012, 10:43 PM
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You're welcome

I found some more information that might be useful, on a site called multiple citizenship dot com - if you go to the link on the home page for 'country specific' information you'll find a little section about Germany.

There are a couple of points but most interesting is that children of a German citizen do automatically receive German citizenship at birth without application, and it is permanent (i.e. there's no requirement to choose when the child reaches an age of majority).


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Old 01-14-2012, 07:58 AM
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Ok I am confused again after my obsessive internet research as to whether I am eligible for PR without waiting. It says that you need to be in a 'de facto' relationship for 3 years or more, does that mean lease, bank account etc.? On other sites I found 'long term partner relationship' which could be anything. When I called Immi the guy said it doesn't mean continuous living together, others said it does!

I would really like to make sure I am eligible for PR, that's the whole reason I'm alpplying now and not earlier. So again, has anyone been granted instant PR where it wasn't a clear case, i. e. married, kids, mortgage? Or does it depend on the CO as with different people from Immi saying different things? Cheers


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Old 01-14-2012, 08:04 AM
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When I checked the Immi website the other day I saw it was 5 yrs without children or 2 yrs with children.

Defacto means you are in a relationship to the exclusion of all others. You don't need joint bank accounts or joint leases. It certainly helps but essential. There are other ways to prove you are committed financially and there are other ways to prove you live together without a joint lease.

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