Partner(Provisional) Visa subclass 309

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Like Tree3Likes
  • 1 Post By Ramah
  • 1 Post By SoItGoes
  • 1 Post By CCMS

Partner(Provisional) Visa subclass 309


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 08-17-2017, 01:33 PM
Active Member
 
Join Date: May 2017
Posts: 9
Users Flag! From australia

1 likes given
Partner(Provisional) Visa subclass 309

Hi I was on student visa and it was cancelled which I didn't know about.And the authorities located me and took me with em.Where I made the decision to leave the country voluntarily.Now there is a permanent ban on me for 1 year and 3 years temporary ban.


But,I wanna apply for a Partner Visa subclass 309 as I am married to an Australian Citizen.We recently got married as she came to India and we spent around 2 months together exploring Himalayas and we finally decided to marry each other.We got married just before a week when she left to return back.And she is 19 years older than me and she's having kids from her previous relationship(mentioning this cuz i've heard DIBP raises issues over such cases).


We met in Australia when I was there in August 2016 through a dating app and we kept dating each other for few months after I started living with her for a couple of months(but I didn't change my house address etc.But we have a Car insurance policy on both of our names).

I was advised by someone to apply for Prospective Marriage Visa but she just wanted to marry me and so did I and we just wanna be together.So, we just got married and chose to apply for a 309 visa.Now what evidences the DIBP gonna ask for apart from marriage cert. (which holds almost 0 value for them), wedding photographs,photos from the trip,photos with the family,hotel bills,joint bank account,calls and chat history from before and after marriage.I was gonna put her name on my passport. This is all what we have for now.What other evidences they gonna ask for as we dont have many friends or acquaintances in common.


What are our chances and how long its gonna take to process the file as the average time they say 75% of applications are processed in 13 months and 90% are done in 19 months depending on what embassy is involved,9-10 months on average if its Indian embassy.But our case is bit unusual but is genuine.


I know we can apply for it even I have a permanent ban on me,still 8 months due on it but after the ban is lifted can I apply for a Visitor's Visa,any chances to get one?But she ll be coming to see me again during this ban period.


Thanks,but will we ever get a chance to spend our lives together forever?


Last edited by Commodore; 08-17-2017 at 03:09 PM.

  #2 (permalink)  
Old 08-17-2017, 02:00 PM
Ramah's Avatar
Senior Member
 
Join Date: Apr 2017
Location: Sydney
Posts: 918
Users Flag! From uk

181 likes received
135 likes given
Hind-sight is a great thing but you should have researched this before getting married, you don't sound like you have enough evidence for a partner visa but a PMV would have possibly worked if you'd applied before getting married.

The kind of evidence you would need is outlined here:

https://www.border.gov.au/Forms/Documents/1127.pdf

You wouldn't be able to apply for a tourist visa whilst there's a ban but you can apply for a partner visa it would just mean that you can't enter until and unless they grant your 309 visa.

I would enlist the help of a registered migration agent if I were you otherwise you could be throwing away $7000+

tijanaoc likes this.

  #3 (permalink)  
Old 08-17-2017, 03:19 PM
Active Member
 
Join Date: May 2017
Posts: 9
Users Flag! From australia

1 likes given
Quote:
Originally Posted by Ramah View Post
Hind-sight is a great thing but you should have researched this before getting married, you don't sound like you have enough evidence for a partner visa but a PMV would have possibly worked if you'd applied before getting married.

The kind of evidence you would need is outlined here:

https://www.border.gov.au/Forms/Documents/1127.pdf

You wouldn't be able to apply for a tourist visa whilst there's a ban but you can apply for a partner visa it would just mean that you can't enter until and unless they grant your 309 visa.

I would enlist the help of a registered migration agent if I were you otherwise you could be throwing away $7000+

Thanks Ramah
so there are more chances of the Visa application to be refused?


Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 08-18-2017, 05:06 AM
Senior Member
 
Join Date: Jul 2017
Posts: 57
Users Flag! From australia

19 likes received
Don't mean to sound rude but 2 decades older, extremely hard to convince the Department.

summersky likes this.

  #5 (permalink)  
Old 08-18-2017, 05:45 AM
Ramah's Avatar
Senior Member
 
Join Date: Apr 2017
Location: Sydney
Posts: 918
Users Flag! From uk

181 likes received
135 likes given
Quote:
Originally Posted by Commodore View Post
Thanks Ramah
so there are more chances of the Visa application to be refused?
PMV needs less evidence that's why I think it would have been a good choice.

Did you get married legally (in the eyes of the law) or a religious wedding?

Now that you are married you have to satisfy the partner visa requirements as outlined below:

Evidence of your relationship
There are 4 broad categories of evidence that you need to provide:
• financial aspects;
• the nature of the household;
• social context of the relationship; and
• the nature of your commitment to each other.

All relationships are different, so you should provide as much evidence as you can that you believe will support your claims.

The lists below are only a guide and are neither all inclusive or exclusive.
You may be asked to provide additional information during processing of your application.

Financial aspects
Evidence will be required that you and your partner share financial commitments and responsibilities,
including:
• evidence of any joint ownership of real estate or other major assets (for example, cars, appliances)
and any joint liabilities (for example, loans, insurance);
• sharing of finances;
• legal commitments that you and your partner have undertaken as a couple;
• evidence that you and your partner have operated joint bank accounts for a reasonable period of
time; or
• sharing of household bills and expenses.

The nature of the household
You will be asked to provide evidence that you and your partner share responsibilities within your
household, including:
• your living arrangements;
• a statement outlining the basis on which responsibility for housework is distributed;
• joint ownership or joint rental of the residence in which you live;
• joint utilities accounts (electricity, gas, telephone);
• joint responsibility for bills for day-to-day living expenses;
• joint responsibility for children; or
• correspondence addressed to both you and your partner at the same address.

Social aspect of the relationship
How your relationship with your partner is recognised socially will be considered including:
• evidence that you and your partner are generally accepted as a couple socially (for example, joint
invitations, going out together, friends and acquaintances in common);
• evidence that you and your partner have declared your relationship to government bodies,
commercial/public institutions or authorities;
• information provided in statutory declarations made by your or your partner’s parents, family
members, relatives, friends or acquaintances;
• joint membership of organisations or groups;
• evidence of joint participation in sporting, cultural or social activities; or
• joint travel.
Note: Providing only statutory declarations is not normally sufficient to evidence the social aspect of your
relationship.

The nature of your commitment to each other
Factors that could assist in evidencing mutual commitment between you and your partner include:
• knowledge of each other’s personal circumstances (for example, background and family situation,
which could be established at interview);
• intention that your relationship will be long-term (for example, the extent to which you have combined
your affairs);
• the terms of your wills; or
• correspondence and itemised phone accounts to show that contact was maintained during any
period of separation.

Do you have anything like that?

You would also probably need to supply more hard evidence as there are a few red flags (big age gap, kids, only met a year ago, married recently after being deported) so you would really need to satisfy the case officer that it is a genuine relationship.


  #6 (permalink)  
Old 08-19-2017, 06:13 AM
Active Member
 
Join Date: May 2017
Posts: 9
Users Flag! From australia

1 likes given
Quote:
Originally Posted by SoItGoes View Post
Don't mean to sound rude but 2 decades older, extremely hard to convince the Department.

thanks
Are there any ways we can Convince them?


  #7 (permalink)  
Old 08-19-2017, 09:00 AM
CCMS's Avatar
Senior Member
 
Join Date: Oct 2013
Location: Cairns
Posts: 6,566
Users Flag! From australia

2424 likes received
181 likes given
Send a message via Skype™ to CCMS
Quote:
Originally Posted by SoItGoes View Post
Don't mean to sound rude but 2 decades older, extremely hard to convince the Department.
Age difference should not be an issue, if the overall relationship evidence is solid.

Commodore likes this.
__________________
Nick van Voorst
Registered Migration Agent 0640648

Please do not send Private Messages.
For any inquiries, please visit our website: AUSVISA or download OUR APP from the Apple Store or Google Play

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

  #8 (permalink)  
Old 08-19-2017, 09:20 AM
Active Member
 
Join Date: May 2017
Posts: 9
Users Flag! From australia

1 likes given
Quote:
Originally Posted by CCMS View Post
Age difference should not be an issue, if the overall relationship evidence is solid.
Thanks mate! Thanks for the positive vibes.


Closed Thread

Tags
309 offshore, 309 waiting room, age difference, partner 309, tourist 600

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Partner (Provisional) visa (subclass 309) pancake21 Visas and immigration 3 08-05-2017 11:32 AM
Partner (Provisional) visa (subclass 309) AussieWayOfLife Visas and immigration 7 04-29-2017 02:42 PM
Grant of a Partner (Provisional) (class UF) Partner (Provisional) (subclass 309) bglong11 Visas and immigration 1 01-23-2017 08:30 PM
Partner (Provisional) visa (subclass 309) yasirfarabi Visas and immigration 17 01-17-2014 05:04 PM
partner provisional visa (subclass 309) icancurhalo Visas and immigration 0 04-28-2013 02:26 AM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 07:56 PM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com