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-   -   Partner visa subclass 309 applying in UK (https://www.australiaforum.com/visas-immigration/28225-partner-visa-subclass-309-applying-uk.html)

yo-ho 09-11-2013 03:57 PM

Partner visa subclass 309 applying in UK
 
Hello all I am looking for a massive amount of help please!
Background info is as follows.
I am an Australian and she is a British citizen, we have been together a while now, spent a year in Australia together while I was at uni and she on a working holiday visa, she came over just for me by the way so she didn't do much working. Now after that visa ended I have taken 2 years off university and we have been living together in the UK for a year and 6 months now. We have always known we were going to have her apply for the partner visa for Australia but have been putting it off for far too long now and its crunch time! The whole process has just been so daunting, I feel I can't find any info on us both applying here in the UK.
things I need help with are, how do I say I can be a sponsor when I will be a university student when I go back? we will live at my mothers house so money isn't the issue its just saying that in a visa. Will I need to have my mother also be a sponsor?
How do I authenticate documents here in the UK?
How do I get my police checks and medical exams done while I am in the UK?
I just feel unclear on the whole process even after reading all forms and documents a million times over, it would just be nice to be able to chat to people who have been/are in similar situations and that is why I am here. I don't know if someone would want to accept a uni student to sponsor someone staying in Australia am I being paranoid in thinking that my case is not strong?

Becky26 09-11-2013 07:24 PM

Quote:

Originally Posted by yo-ho (Post 163529)
how do I say I can be a sponsor when I will be a university student when I go back? we will live at my mothers house so money isn't the issue its just saying that in a visa. Will I need to have my mother also be a sponsor?
How do I authenticate documents here in the UK?
How do I get my police checks and medical exams done while I am in the UK?


Hi yo-ho,

I will try and help you with the things I know and there are few people on this forum who have a lot more knowledge about migrating from UK on Partner Visa

1. how do I say I can be a sponsor when I will be a university student when I go back?

I know that the sponsor's applications form mentions about being able to support you partner while they are in Australia but that is not the only deciding factor.
My husband left his job in Australia to accompany me to India so I could apply for my visa offshore. Before that he helped to apply for my initial partner visa when we were in Australia and the expenses for that went off the charts.

My point being if you are studying at university, I think you can write Immigration a letter along with your Partner Visa paperwork explaining your situation, that you will be finishing/having a degree once you are back in Australia which will make you more employable. You will be ready to get in the workforce and support yourself and your partner.
Another point is- In the Sponsor's application form that you will have to fill doesn't have the funds column anymore; there used to be but Immigration made an amendment and removed it.
As the Partner Visa has full work and study rights with it, your partner will be able to work full-time once her visa gets approved. So in a way that solves the problem of funds.


2. we will live at my mothers house so money isn't the issue its just saying that in a visa. Will I need to have my mother also be a sponsor?

I'm guessing you are over 18 years of age, therefore your mother cannot sponsor her (I think).
She can definitely write a letter (with her Statutory Declaration- Form 888) for you which you can provide to Immigration with your Partner Visa application paperwork that says that she is aware of your relationship and that you are coming back to Australia with your partner. Knowing that you are at university doing a degree (as soon as you finish it once you are back in Australia will make you more employable) and that she is happy to have you and her partner live with her in her home and that funds will not be an issue then.


3. How do I authenticate documents here in the UK?

I'm not sure if you need Apostille or Authentication, they are 2 different things and vary according to the country where you are going to use your documents. The Australian Embassy/High Commission in UK has the authority to issue either of those two stamps. From what I know, I think you need Apostille on your documents for Australia to accept them. The link below has a list of the documents that can be Apostilled.
Have a read of this link:-
Authentications and Apostilles - Queensland State Office, Brisbane - Australian Government Department of Foreign Affairs and Trade


4. How do I get my police checks and medical exams done while I am in the UK?


Your partner needs to get Police Clearance Certificates (PCC) from all the countries she has lived in for 12 months or over.
So if your partner has lived in Australia for a time period of 12 months or over she will have to get a PCC from her country of citizenship which is UK, Australia and also other countries where she might have travelled to and lived in for 12 months or longer.
You (Sponsor) only need to get a PCC if there is are children included in your sponsorship who is under the age of 18 years. If not then only you partner needs to get the PCC.

Have a read of this link from the Australian Federal Police website where your partner will have to apply online for her PCC;
National Police Checks - Australian Federal Police


MEDICAL EXAMINATIONS:-

I'm not sure how medicals are done in UK; if you can get them done before applying and submit with you application or have to wait till the Case Officer asks you to get them done from a Panel Physician nearest to your partners location.
Have a read of the list of Panel Doctors in UK:-
United Kingdom – Panel Physicians



Hope this helps.
If you have any questions feel free to write. I'll try and help with what I know.
Good luck!

Kind Regards,
Becky

CollegeGirl 09-11-2013 08:42 PM

Quote:

Originally Posted by yo-ho (Post 163529)
Hello all I am looking for a massive amount of help please!
Background info is as follows.
I am an Australian and she is a British citizen, we have been together a while now, spent a year in Australia together while I was at uni and she on a working holiday visa, she came over just for me by the way so she didn't do much working. Now after that visa ended I have taken 2 years off university and we have been living together in the UK for a year and 6 months now. We have always known we were going to have her apply for the partner visa for Australia but have been putting it off for far too long now and its crunch time! The whole process has just been so daunting, I feel I can't find any info on us both applying here in the UK.

First of all, this is quite a common situation, so - try not to worry too much. :)

Quote:

things I need help with are, how do I say I can be a sponsor when I will be a university student when I go back? we will live at my mothers house so money isn't the issue its just saying that in a visa. Will I need to have my mother also be a sponsor?
No, and you your mother wouldn't be allowed to sponsor anyway. You're the sponsor. What you do first is make sure you include a statutory declaration with your application about the financial side of things. Go into detail about how you both plan to support yourselves once she's in Australia. Detail your plan to go back to school, but to work X hours while you're in school to help support yourself and your partner. Detail her plans to find a full-time job and what sort of job she'll be looking for. If you have payslips from your current job, or she does, include those in your evidence. Those demonstrate your ability to earn your own money.

Then, mention in that statutory declaration that your parents (or just your mother? couldn't tell from your letter) have agreed to financially support you both as needed while you're in school, as well as provide you with a place to live. Then, get a statutory declaration written by your mother where she states that she has agreed to financially support you both, should you need it, and will provide you with a place to live. I have seen it suggested to also provide evidence of your mother's income to demonstrate she has the ability to support you. I'd really recommend doing this - better safe than sorry.
Quote:

How do I authenticate documents here in the UK?
I *believe* UK folks usually use a Justice of the Peace (JP). I would suggest posting that question in this thread, where you'll get the attention of some other London applicants.
Quote:

How do I get my police checks and medical exams done while I am in the UK?
I think you're confused. YOU as the sponsor do not need police checks or medicals (assuming there are no minor children involved, and it doesn't sound like it from your post). Only your partner, the applicant, needs these. When you apply through London, you will apply without your partner having done medicals or police checks yet. They will request those halfway through the process and you'll do them then. When they request it, they'll give your partner a HAP ID number, which she will take with her to the panel doctor (a doctor approved by DIAC... there's a list on their website, and there are multiple ones in London).

Quote:

I just feel unclear on the whole process even after reading all forms and documents a million times over, it would just be nice to be able to chat to people who have been/are in similar situations and that is why I am here. I don't know if someone would want to accept a uni student to sponsor someone staying in Australia am I being paranoid in thinking that my case is not strong?
If you have evidence of having lived together for the last 2 and a half years, the situation is quite the contrary - your case is likely VERY strong. Even people on CentreLink have successfully been approved as sponsors. If you can demonstrate that you guys will be able to support yourselves pretty well, and that you have family financial backup if you need it, you'll be FINE. :)

Actually, if this were six months later, you'd have a strong case to go straight to the PERMANENT partner visa instead of starting with the temporary one. De facto couples who can evidence being de facto (which in most cases means living together) over the previous 3 years generally go straight to permanent when they're approved.

Applying now, your partner will qualify for permanent residency two years after you *apply* for the 309.

I really hope this has been helpful! By all means, post back if you have questions.

kmarees1986 09-13-2013 11:34 PM

Quote:

Originally Posted by yo-ho (Post 163529)
Hello all I am looking for a massive amount of help please!
Background info is as follows.
I am an Australian and she is a British citizen, we have been together a while now, spent a year in Australia together while I was at uni and she on a working holiday visa, she came over just for me by the way so she didn't do much working. Now after that visa ended I have taken 2 years off university and we have been living together in the UK for a year and 6 months now. We have always known we were going to have her apply for the partner visa for Australia but have been putting it off for far too long now and its crunch time! The whole process has just been so daunting, I feel I can't find any info on us both applying here in the UK.
things I need help with are, how do I say I can be a sponsor when I will be a university student when I go back? we will live at my mothers house so money isn't the issue its just saying that in a visa. Will I need to have my mother also be a sponsor?
How do I authenticate documents here in the UK?
How do I get my police checks and medical exams done while I am in the UK?
I just feel unclear on the whole process even after reading all forms and documents a million times over, it would just be nice to be able to chat to people who have been/are in similar situations and that is why I am here. I don't know if someone would want to accept a uni student to sponsor someone staying in Australia am I being paranoid in thinking that my case is not strong?

Hi Yo-Ho, Welcome!

My husband and I applied from within the UK. Collegegirl and Becky have given some great info - I too will respond with knowledge from my own expereince!

how do I say I can be a sponsor when I will be a university student when I go back? we will live at my mothers house so money isn't the issue its just saying that in a visa. Will I need to have my mother also be a sponsor?

When you submit your applciation its a good idea to outline your intentions when you get to Australia in your personal statement, however being a student and living at your mothers doesn't disqualify you from being a sponsor. You will need to show 2 years of employment. What I did is call the HMRC and asked for a letter showing my tax history for the 2 years and they sent it within a week! Even people on benefits are eligible sponsors. There used to be a stronger emphasis on Sponsors being able to financially support the applicant in Australia but your partner will have work rights when she is granted the visa so its not a huge deal. Just have your mum include a Stat Dec to contribute to the application stating she is happy for you two to live with her until you're on your feet.

How do I authenticate documents here in the UK?

There is actually no JP's in the UK - they are Notorary Publics and they cost an arm and a leg. Seriously, I paid 120 for 4 pages to be notarized. Luckily a Solicitor can also witness a stat dec and most will charge 5 a page. Friends in Yorkshire paid 5 for their stat decs and we paid 5 at a Central London solicitor so thats across the board.

How do I get my police checks and medical exams done while I am in the UK?

You submit your application first. Wait until your CO requests these from you, they will give you instructions. You can also find information on requetsing police certificates here - http://www.immi.gov.au/allforms/char...cter-penal.pdf and places you can get your medicals done here - United Kingdom – Panel Physicians.

Here's the good news. If your partner lived with you while she was in Oz and you can prove 3 years of living together, she skips the 309 visa and goes straight to the permanent 100 visa. The 309 visa is a 2 year temporary visa which turns into the 100 visa if the relationship is still continuing so thats pretty good!

In terms of having enough, sounds to me like its straight forward. Just provide lease agreements for the 12 months prior (or 3 years if applicable as above). If you don't have a lease as we didn't and we also moved around alot - we provided our individual bank statments & phone bills showing they were sent to the same address for each of the months in questions. Part of the requirement is an ongoing commitment, you can show this by adding each other as beneficiaries to insurance policies or superannuation. Get a few stat decs from family and friends who can vouch for your relationhsip (3-5 is plenty). Include 10-15 photo's with captions of the dates spanning over the course of your relationship, but they don't like you to go OTT on this.If you've spent time apart, skype/whatsapp/phone logs showing you were in touch. Show how you financially support each other by highlighting any bank transfers on your bank statements.

As long as there are no character issues, it sounds to me like your application once its together is straight forward. You will be subjected to a 8-9 month processing time, but I have seen straightforward cases for UK applicants only take 7 months. If you need any more help, please feel free to inbox me. I used a migration agent for our application so I feel our application was thorough and as such I can help others. Good luck!

CollegeGirl 09-13-2013 11:39 PM

We really missed you around here kmarees! <3 Great post. Hope baby is well! :)

kmarees1986 09-13-2013 11:53 PM

Aw thanks Collegegirl! Baby is amazing :-)

kmarees1986 09-13-2013 11:59 PM

Quote:

Originally Posted by CollegeGirl (Post 163681)
Actually, if this were six months later, you'd have a strong case to go straight to the PERMANENT partner visa instead of starting with the temporary one. De facto couples who can evidence being de facto (which in most cases means living together) over the previous 3 years generally go straight to permanent when they're approved.

Applying now, your partner will qualify for permanent residency two years after you *apply* for the 309.

I really hope this has been helpful! By all means, post back if you have questions.

Sorry CG I mustn't have read all your post and doubled up!!!

CollegeGirl 09-14-2013 12:11 AM

No worries... no harm in having double the good information. ;)


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