Please Help Offshore Partner Visa 309!!

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Please Help Offshore Partner Visa 309!!


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Old 07-04-2016, 09:49 AM
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Please Help Offshore Partner Visa 309!!

Hi community, new to this forum!!
In the process of applying for an offshore Partner (Subclass 309)

Just a brief rundown of our situation.

My fiancé is a Brazilian citizen and I'm an Australian citizen from Melbourne.

We met in Deerfield Beach Florida and were living together there in a defacto and committed relationship by 2 July 2014, we left Florida early November 2014 for my fiancé home country of Brazil.

We continued living together in my fiancées home in Rio de Janeiro from the time we arrived 10 Nov 2014. We have a loving and committed relationship. We have shared many wonderful experiences and lasting memories during our relationship together. On March 15 2016 our daughter was born, an amazing moment for us and only further strengthened our bond and future together.

I spent 6 weeks with my beautiful baby daughter, then returned home
29 April 2016 to find employment back in Australia and finalise documents needed to complete our offshore visa, which will be submitted online and the process will go through Brasilia.

This has been an extremely difficult time for us being separated. We have not been apart since 22 June 2014.

It is heartbreaking for us not being together sharing precious moments with our newborn daughter during these early milestones and changes.

We were initially applying for a Prospective marriage visa, but decided we would apply for Partner visa 309 due to being in a relationship for over 2 years and having a child together. Our daughter was granted Australian Citizenship by descent in May 2016.

We are submitting all required documents including Forms 888 by 2 Australian family members who visited us in Florida 2014. Photo's, along with all supporting documents.
We are just waiting on Police clearances for my fiancé, she is a Lawyer in Brazil and has a clear record which she requires practicing her profession.

My question if anyone can please help!!

We lived together just short of 2 years continually, but have been in a relationship since June 22 2014 until now, which is over 2 years.

Do we still qualify for subclass 309?

Being in a relationship for 2 years and having a child together, allows us to have the 2 year wait for permanent residency waived if we request this with a cover letter outlining our circumstances during our application?

Any help or advice would be much appreciated.

Thank you and best of luck

DeerfieldBeach2014 😀


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Old 07-04-2016, 10:39 AM
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We say you have lived together since 2 July 2014, that is 2 years anyway.

You usually don't need to write a cover letter. The case officer should grant PR straight up based on the dates on the application and the evidence.


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Old 07-04-2016, 11:05 AM
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Thanks Mish for your reply!! ��

We lived together 2 July 2014 until 27 April 2016. I arrived back in Australia 29 April 2016. Information on this isn't entirely clear regarding a relationship of 2 years or living together 2 years.


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Old 07-04-2016, 11:12 AM
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It is de facto so at the moment the separation is only temporary so you are still de facto and meet the 2 year requirement. So once you srart living together that is the start of it being de facto.


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Old 07-04-2016, 11:35 AM
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Thanks again Mish for explaining it clearly, your help is greatly appreciated!!

Kind Regards


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