309 - Living together requirement

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309 - Living together requirement


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Old 11-11-2018, 12:08 AM
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Smile 309 - Living together requirement

Hi All,

I have a question regarding the living together requirement of the 309 visa.

I will be getting married to my partner in early 2019 and we have not lived together previously, as ours is a traditional arranged Hindu wedding, in which it is not permitted to stay together before the wedding. Hence why the 300 visa is out of question.

I was wondering if this is considered at the time of review if we explained the situation. Not living together also raises the concern of not having joint financials and household commitments.

But we have met twice before for periods of 3 - 4 days and have spent time together and have been in constant contact for 8 months through calls and messages and we are also engaged.

Any help with how to overcome this situation or info on how we can build our evidence would be greatly appreciated.


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Old 11-11-2018, 12:30 AM
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Quote:
Hence why the 300 visa is out of question.
No it isn't.

There is no 'living together' requirement.

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Old 11-11-2018, 12:49 AM
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Quote:
Originally Posted by rkaustralia View Post
Hi All,

I have a question regarding the living together requirement of the 309 visa.

I will be getting married to my partner in early 2019 and we have not lived together previously, as ours is a traditional arranged Hindu wedding, in which it is not permitted to stay together before the wedding. Hence why the 300 visa is out of question.

I was wondering if this is considered at the time of review if we explained the situation. Not living together also raises the concern of not having joint financials and household commitments.

But we have met twice before for periods of 3 - 4 days and have spent time together and have been in constant contact for 8 months through calls and messages and we are also engaged.

Any help with how to overcome this situation or info on how we can build our evidence would be greatly appreciated.
Any Registered Migration Agent who is familiar with traditional Hindu marriages will be able to assist you with this. It is a common situation I have dealt with successfully on numerous occasions.

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Old 11-11-2018, 04:41 AM
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Yup, have seen posts from people who have had arranged marriages and got granted 309 easily, much more so than us poor sods who need to "prove" that our marriages are based on mutual commitment, which ironically, arranged marriages are not given that traditionally, a marriage in such cultures is between families and the two individuals only really get to know each other after having lived together for a significant amount of time.


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Old 11-11-2018, 07:02 AM
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Originally Posted by wrussell View Post
No it isn't.

There is no 'living together' requirement.
Hi wrussell, I dont think I was clear in explaining my situation. I think the 300 requires your partner to be in Australia, my partner is currently in India and won't be allowed to move countries without being married as its not accepted in hindu tradition.


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Old 11-11-2018, 07:03 AM
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Originally Posted by Ganbarimasu View Post
Yup, have seen posts from people who have had arranged marriages and got granted 309 easily, much more so than us poor sods who need to "prove" that our marriages are based on mutual commitment, which ironically, arranged marriages are not given that traditionally, a marriage in such cultures is between families and the two individuals only really get to know each other after having lived together for a significant amount of time.

Thanks alot for your reply Ganbarimasu!


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Old 11-11-2018, 07:32 AM
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Who the hell will be the sponsor and who will be the applicant here?

Is the sponsor eligible to sponsor and how, and where do they live?


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Old 11-11-2018, 08:02 AM
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Quote:
Originally Posted by rkaustralia View Post
Hi wrussell, I dont think I was clear in explaining my situation. I think the 300 requires your partner to be in Australia, my partner is currently in India and won't be allowed to move countries without being married as its not accepted in hindu tradition.
The only location requirement I'm aware of before visa grant for a 300 is that the applicant applies offshore.


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Old 11-11-2018, 08:12 AM
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The sponsor can be offshore as well, but if they are an Australian permanent resident ( as opposed to being an Australian citizen) they must provide evidence that they are “ usually resident in Australia”.

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