Difference between subclass 300 and 309

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Difference between subclass 300 and 309


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Old 01-06-2013, 07:01 AM
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Difference between subclass 300 and 309

Hi! While browsing notes/ articles/booklets, we found 309 where the requirements say:
INTEND TO LEGALLY MARRY IN THE NEAR FUTURE AND PRIOR TO MIGRATION

My queries are:

1. Can we use 309 instead of 300? And get married in Au.

2. Which is faster fiance or partner?

Outside the thread:

3.Can we get married while I am on a tourist visa?--HAS ANYONE TRIED THIS ONE AND WORKED?


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Old 01-06-2013, 08:42 AM
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Originally Posted by js8_may2009 View Post
Hi! While browsing notes/ articles/booklets, we found 309 where the requirements say:
INTEND TO LEGALLY MARRY IN THE NEAR FUTURE AND PRIOR TO MIGRATION

My queries are:

1. Can we use 309 instead of 300? And get married in Au.

2. Which is faster fiance or partner?

Outside the thread:

3.Can we get married while I am on a tourist visa?--HAS ANYONE TRIED THIS ONE AND WORKED?
1. No the 309 is for offshore use only and the 820 onshore version you have to already be married or in de facto to use us it.

2. Depends on your case and where and when you apply, the 300 has an official cap on the number they grant per year and the 309 has an unofficial cap on the number each post can grant per month.

Kttykat




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Old 01-06-2013, 12:25 PM
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KK do you have any idea (or where to find ) the quota they allow each month/ year on the sub class 300 PMV

Thank you

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Old 01-06-2013, 05:54 PM
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Originally Posted by louiseb View Post
KK do you have any idea (or where to find ) the quota they allow each month/ year on the sub class 300 PMV

Thank you
As I understand it, they have the power to cap the 300 PMV, I don't know what the current planning levels are for this visa. Mark Northam mentioned that since they have made the skilled migration path more difficult to qualify to apply for that many more applications for partner and PMV visas have been seen by immigration but we are still at the planning levels until July based on the old levels. I will have a look around and see if I can find out more about what the level was set at.

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Old 01-06-2013, 06:03 PM
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Capping and Queuing

Family Stream

Partner category visas:

Partner (subclasses 309/100 and 820/801) visas cannot be capped.
Prospective Marriage (fianc&#233 (subclass 300) visas may be subject to capping.

From the immigration website.

The key here is the "may be subject to capping" I don't know if they are or not currently capping this visa. The thing is there appears to be an unofficial capping process in place where each mission has a quota and they never seem to discuss this officially but seems to be the reason many people wait even though their application is essentially approved.

Kttykat




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Last edited by kttykat; 01-06-2013 at 06:05 PM.

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Old 01-06-2013, 06:32 PM
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Quote:
Originally Posted by js8_may2009 View Post
Hi! While browsing notes/ articles/booklets, we found 309 where the requirements say:
INTEND TO LEGALLY MARRY IN THE NEAR FUTURE AND PRIOR TO MIGRATION

My queries are:


3.Can we get married while I am on a tourist visa?--HAS ANYONE TRIED THIS ONE AND WORKED?
Getting married on a tourist visa is a questionable act, as the original reason for the tourist visa was not to marry but to be a "tourist" that said, yes people do it and can sometimes get away with it. It is inadvisable to arrive on a tourist visa and marry within a few days, you have a better chance if you waited over 2 months as the department can accept that people make snap decisions to marry while they were there but if you married soon after arriving then it is clear that was your intent to travel and marry.

My husband and I got married on a visa waiver while he was here in the States and we checked and that is perfectly legal and fine AS LONG AS YOU PLAN TO LEAVE AGAIN. As we want to live in Australia we didn't get married while I was living there on a tourist visa. We instead traveled back to the USA married and applied for a 309 partner visa. Now I am travelling back to Australia on an ETA and will have to leave the country when they are ready to grant the visa (planning a quick trip to New Zealand).

We have 8 cats (just arrived in Australia) and so I couldn't wait for the visa grant to sort them out as that is a time dependent process due to vaccinations. We wanted to Marry here in the USA as that is where all my family are and my husband has few family members in Australia.


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Last edited by kttykat; 01-06-2013 at 11:44 PM.

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