Partner visa- plz help

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Partner visa- plz help

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Old 11-25-2010, 12:37 AM
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Partner visa- plz help

Hello. I am an Australian citizen who is married to a finnish citizen since 4 december 2009. We have a marriage certificate certified by the australian and finnish government.

We got married in Melbourne while he was visiting Australia for one month.
I moved to Finland to live with him since 15 march 2010. We currently have a child on the way.
I want to live in Australia and bring him with me to start a new life.

I hope to apply for the Partner Visa: Offshore Temporary and Permanent (subclasses 309 and 100) but have questions. I will be coming to australia alone in december this year.

* Is it best that I apply for the visa for him to come to australia while I am with him in finland or in Australia? Which will take longer in approval?
* Do you advise me to come to australia or stay in finland while I apply for the visa?

* Is there any way that I can bring him with me, after i have applied for the visa, while the visa is in progress? Please help me. I desperately want him to join me in Australia together and was hoping to bring him with me for a 6 month or 12 month visit while his visa is in progress. Is that possible?

* What are the chances that he gets rejected?
* How long, approximately will the visa take to approve?

Do I have to wait till the one year has passed.. ( since our marriage 4-12-09 or since we lived with eachother 15-3-10 to lodge the application.

Please help

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Old 11-25-2010, 01:54 AM
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Hi there,

First of all, your husband is the one who will be applying. You, as an Australian citizen, will act as his sponsor. He can lodge the application while you are together in Finland, and this is actually recommended by DIAC. Some couples are seperated when the applicant lodges the visa, but I think it will be less stressful, costs less, and takes less time than onshore visas.

All visa processing times have been extended as of July this year, so you could expect up to 9 months or more. Having said this though, if your case is straightforward and you have a lot of evidence, it may take less time depending on how many other applications they have to process. You should look on the Embassy webiste over there to find out what particular documents you need and how long they say it will take.

The 12 month requirement is for de facto couples, but married couples still have to show they are living together, and if appart that it's only temporary, and also have to show evidence of a shared life together. He can get a tourist visa to Australia once the partner visa has been lodged, but if he applies for the partner visa offshore, he has to be out of the country in order to get it if it's approved, so he may have to go to a nearby country like New Zealand in that case. He wouldn't have to go all the way back to Finland in that case if he didn't want to.

DIAC receives thousands of partner visa applications a year, and the number keeps increasing. So unfortunately do the number of people who try enter under scam marraiges. DIAC will analyse all applications very closely, but they know a real couple when they see one, so as long as your real and can show that, you'll be fine

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Old 11-25-2010, 06:43 AM
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One thing you ought to do first up is get some medical advice re flying long distance while pregnant for it is not something that most doctors may recommend and some airlines also have restrictions.

Being married for as long as you have and with a baby coming, I'd not expect there should be a problem with getting a partner visa if he is eligible in other respects and it is better that the application is done while together and no reason why he cannot apply as soon as the application is ready which will likely mean getting some documents translated, the birth certificate for instance.
As aussiegirl states, many applicants are getting indications of longer processing times to be expected though some are still being reported with reasonable processing times up to six months, it really being dependant on where an application is to be done and their workload, Berlin being the location that a visa application from Finland and quite a few other European countries will be processed at and so it'll be hard to determine just what their workload is.
But use the Checklist you'll find on Partner Visa: Offshore Temporary and Permanent (subclasses 309 and 100) as well as any information on the Berlin embassy site.

If you decide to stay in Finland until the birth, you'll probably go close to the visa being approved by the time you are ready to travel depending on how far advanced you are now and when you get the application in but regardless of when you do travel, if you have already submitted the visa application, your husband could get a tourist visa and a six months one might be best to give plenty of time for the partner visa to be processed.

Alternately, if you do decide to fly while expecting, you could get hub to use a travel agent to get an ETA - ETA (Visitor) (Subclass 976) on the basis of he making initially a visit that could even include plans for visiting NZ because he has heard it is similar to Scandanavia and then if he and you just happen to decide Australia is where you want to be, the ETA without a No Further Stay condition will allow a partner visa to be applied for while he is in Australia.
He needs to have a bit of a visit concept in mind to help avoid Immi deciding otherwise and denying entry.
A normal tourist visa may have a NFS and so that would prevent him from applying while in Australia.

And then of course you ought to be considering his employment and if he has particular skills and can find an employer sponsor, while on an ETA he could apply for an employer sponsored 457 visa and so be able to work, something he could not do while on a tourist visa or even normally when on a bridging visa between say an ETA and while waiting for the partner visa though he could seek a waiver based on financial hardship conditions.

If you wait until the baby is old enough to travel, what you will also need to do is to apply for a citizenship certificate, even though bub will be an Aussie for that's just the way of things with a birth abroad and then with the citizenship certificate you can apply for bub's passport.
Alternately, if you get a Finnish passport, you then need a visa for bub too and it could just get more complicated!

So all the best with the planning, birth and trip back home.

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