300 or 820 application for engaged Norwegian?

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300 or 820 application for engaged Norwegian?


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Old 08-19-2019, 10:49 PM
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Smile 300 or 820 application for engaged Norwegian?

Hi,

I have gotten a lot of great information from this forum, and I was now hoping the experts around here could share some thoughts on my specific situation for choosing a 300 or 820-visa pathway…

The short story is that I am engaged with a wonderful Australian woman, and now looking to move there. We plan to marry in Australia coming April, but currently I am living in Norway. Until now we have been having a long-distance relationship, but still managed to spend significant time together. I have been looking at both a 300 and 820 visa, but not sure which to choose. The main goal is to get a work permit within a reasonable time so that we can start our new life together quickly but not suffering too much financially (i.e. me not working). I have two potential scenarios, and I would really appreciate it if somebody could share their thoughts around this:

1) I move down there start of January, apply for a 820 visa end of March before my eVisitor expires, and hopefully get a BVA with work permit start of April.
2) I apply for a 300 visa in mid-September (starting with documentation now), visiting in October on my eVisitor, and moving down as the 300 is granted. The trouble is that I see processing times between 2-20++ months online…

So 1) seems the safer bet, but would have 3 months where I cannot work, and 2) seems like a better choice financially but with high uncertainty on when I can start working…. Last 9 years I have led a start-up, which is now winding down. I am doing short-term consulting, so flexible on timeline, but not guaranteed consultancy work “forever” waiting for a 300 granting…

Details:
1) M:35, F: 36 (living in New South Wales)
2) M: Material Scientist, experience for management consulting, start-up (CEO) and engineering manager, F: Actor/director/writer – so project-based work (i.e. not permanent)
3) Together since March 2018, engaged May 2019. Spent a total of 9 months living together (visiting each other) in that period. Plan to marry in Australia April 2020.
4) No kids, previous marriages or other complicating factors.
5) Can register as de-facto partners when I visit in October.

Any help will be deeply appreciated, and happy to shout a round of beers when I get DownUnder! 🙂


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Old 08-19-2019, 11:17 PM
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I think there are 2 main considerations:

1) Will you have enough evidence for a de-facto relationship?
2) What if the new sponsorship rules come into place by the time you are ready to apply for a 820/801 visa? This would require the sponsorship to be approved in the 3 month period of your tourist visa, before a visa application can be lodged.

By applying for a sc. 300 visa now, you will have a head-start of about 7 months.

It may also be wothwhile having a look at skilled visas, but I assume you have already done that.

Eirik likes this.
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Old 08-20-2019, 07:05 AM
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Quote:
Originally Posted by CCMS View Post
I think there are 2 main considerations:

1) Will you have enough evidence for a de-facto relationship?
2) What if the new sponsorship rules come into place by the time you are ready to apply for a 820/801 visa? This would require the sponsorship to be approved in the 3 month period of your tourist visa, before a visa application can be lodged.

By applying for a sc. 300 visa now, you will have a head-start of about 7 months.

It may also be wothwhile having a look at skilled visas, but I assume you have already done that.
Hi Nick,


Thanks for your input!

1) I was not aware that there were significant documentation requirements for a de-factor partner registration. When reading online I got the impression it was more official identification papers etc… What is required? We have a lot of photos, plane tickets, travels together, extensive WhatsApp-conversation (daily through the duration of relationship and the lead up and been connected on Facebook for 12 years from when we initially met) and various social media postings (including our engagement).

2) Can we submit an application for sponsor approval ahead of my Visa-application (and the fee), or does everything have to happen at the same time with the new rules?

Is there any way of getting a guesstimate on processing time for the 300? I.e. calling the embassy (I assume I would be processed in Berlin?) or is it just a lottery...? It’s the uncertainty on processing times that makes this choice so difficult…

Skills Visa:
I have looked into the skills-visas. I think I would qualify for a handful of the occupations on the 189-list, but have not gone through a skills assessment yet. I will either get 65 og 75 points (depending on my English level), and I read that only applicants for the 189 and 190 with 80+ points are invited… Then there’s the processing times for these… So I have mainly been considering partner-visas lately. If I got a company sponsorship things would obviously change…


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Old 08-21-2019, 06:47 AM
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Quote:
Originally Posted by CCMS View Post
I think there are 2 main considerations:

1) Will you have enough evidence for a de-facto relationship?
2) What if the new sponsorship rules come into place by the time you are ready to apply for a 820/801 visa? This would require the sponsorship to be approved in the 3 month period of your tourist visa, before a visa application can be lodged.

By applying for a sc. 300 visa now, you will have a head-start of about 7 months.

It may also be wothwhile having a look at skilled visas, but I assume you have already done that.
Hi Nick!

Thanks for your input!

I was not aware that there were significant documentation requirements for a de-factor partner registration. When reading online I got the impression it was more official identification papers etc… What is required? We have a lot of photos, plane tickets, travels together, extensive WhatsApp-conversation (daily through the duration of relationship and the lead up and been connected on Facebook for 12 years from when we initially met) and various social media postings (including our engagement).

Can we submit an application for sponsor approval ahead of my Visa-application (and the fee), or does everything have to happen at the same time with the new rules?

Is there any way of getting a guesstimate on processing time for the 300? I.e. calling the embassy (I assume I would be processed in Berlin?) or is it just a lottery...? It’s the uncertainty on processing times that makes this choice so difficult…

I have looked into the skills-visas. I think I would qualify for a handful of the occupations on the 189-list, but have not gone through a skills assessment yet. I will either get 65 or 75 points (depending on my English level), and I read that only applicants for the 189 and 190 with 80+ points are invited… Then there’s the processing times for these… So I have mainly been considering partner-visas lately. If I got a company sponsorship things would obviously change…

- Eirik


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Old 08-21-2019, 10:07 AM
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Quote:
Originally Posted by CCMS View Post
I think there are 2 main considerations:

1) Will you have enough evidence for a de-facto relationship?
2) What if the new sponsorship rules come into place by the time you are ready to apply for a 820/801 visa? This would require the sponsorship to be approved in the 3 month period of your tourist visa, before a visa application can be lodged.

By applying for a sc. 300 visa now, you will have a head-start of about 7 months.

It may also be wothwhile having a look at skilled visas, but I assume you have already done that.
I thought the new sponsorship rules are already in place even for partner sponsorships ?


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Old 08-21-2019, 10:56 AM
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Originally Posted by mfar View Post
I thought the new sponsorship rules are already in place even for partner sponsorships ?
Nope, not yet and with no clear date in sight.

Cathy48 likes this.
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Old 08-21-2019, 08:53 PM
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Originally Posted by paulhand View Post
Nope, not yet and with no clear date in sight.
Are you referring to this -The Migration Amendment (Family Violence and Other Measures) Bill 2016 ?
I heard that the bill got enforced from June which is 6 months from when it was passed.


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Old 08-21-2019, 08:54 PM
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Yes - and you heard wrong... still not implemented.

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Old 08-21-2019, 09:25 PM
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Quote:
Originally Posted by Eirik View Post
Hi Nick!

Thanks for your input!

I was not aware that there were significant documentation requirements for a de-factor partner registration. When reading online I got the impression it was more official identification papers etc… What is required? We have a lot of photos, plane tickets, travels together, extensive WhatsApp-conversation (daily through the duration of relationship and the lead up and been connected on Facebook for 12 years from when we initially met) and various social media postings (including our engagement).

Can we submit an application for sponsor approval ahead of my Visa-application (and the fee), or does everything have to happen at the same time with the new rules?

Is there any way of getting a guesstimate on processing time for the 300? I.e. calling the embassy (I assume I would be processed in Berlin?) or is it just a lottery...? It’s the uncertainty on processing times that makes this choice so difficult…

I have looked into the skills-visas. I think I would qualify for a handful of the occupations on the 189-list, but have not gone through a skills assessment yet. I will either get 65 or 75 points (depending on my English level), and I read that only applicants for the 189 and 190 with 80+ points are invited… Then there’s the processing times for these… So I have mainly been considering partner-visas lately. If I got a company sponsorship things would obviously change…

- Eirik
Hi Eirik,

I was referring to the de-facto requirements for the visa, not for the relationship registration.

It’s impossible to say anything sensible about processing times. I have been getting some sc. 300 visa through in 4 to 6 months, while others took over a year.

Still, you will have that 7 month head start and would not need to worry about the potential implementation of the new sponsorship rules.

Cathy48 and Eirik like this.
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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.

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Old 08-22-2019, 10:20 PM
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Originally Posted by CCMS View Post
Hi Eirik,

I was referring to the de-facto requirements for the visa, not for the relationship registration.

It’s impossible to say anything sensible about processing times. I have been getting some sc. 300 visa through in 4 to 6 months, while others took over a year.

Still, you will have that 7 month head start and would not need to worry about the potential implementation of the new sponsorship rules.
Hi Nick,

we we have been in a long distance relationship, but as mentioned spent significantly time together (see initial post). Also have extensive social media and WhatsApp logs and various pictures and receipts for joint traveling. If we register in NSW as de-factor partners in October, and update application in April when we are married (I assume the 801 has not been touched by that time), should this be a strong enough case to qualify for the 801?

Any way of getting some work done whilst one the ETA (ie. Remote working for non-Australian company invoicing from non-Australian company, but sitting with my laptop in Australia?) or is this a clear cut no go, no loopholes scenario kind of case?

- Eirik


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