Partner 309 visa advice needed!

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  • 1 Post By CollegeGirl
  • 1 Post By mikeym88

Partner 309 visa advice needed!


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Old 09-24-2014, 08:12 PM
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Partner 309 visa advice needed!

Hi there,

I need a little advice as to whether or not I'm currently eligible to apply for a partner 309 visa.

To give you a little background, I am from the UK and I have been in a relationship with my Australian girlfriend for just under 3 years (since December 2011).

We first moved in together, in a house-share (sharing a bedroom), in January 2013 and lived in this set-up until August 2013. However, due to the set up of the house hold, we don't have any substantial proof that we lived there (there were no lease agreements signed on our part). We do, however, have bank statements showing direct debit rent payments to the lead tenant in the house.

In August 2013 my girlfriends working holiday visa expired and she had to return to Australia in order to apply for a skilled worker visa, which was duly approved (luckily here company sponsored her to stay). However she didn't return to the UK until 11th December 2013. During this period of separation we were in constant contact and have records to prove it (e.g. Skype, Facebook & What's App etc).

Upon my girlfriends return to the UK, we both moved into my mums place together for a period of one month. Again we both have proof of this in the form of payslips and official documents from the Inland Revenue addressed to us at my mums address. On the 11th January 2014 we moved into our own 1-bedroom flat in London where we have resided here together since.

We currently have flights booked to Australia on 12th December 2014, at which point we are planning to stay there. I have just had a working holiday visa approved, so I'll have at least 12 months guaranteed stay in Oz however I'm looking to lodge an offshore 309 visa application before we fly out (and ideally as soon as possible).

So my question is, as at today (24th September 2014) do you feel that we would pass the 12-month living together requirement of the visa? Or should I wait until 11th December 2014 (an exact year since my partner returned) to lodge my application?

I look forward to any advice that you may be able to give.

Thanks in advance,
Michael


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Old 09-24-2014, 09:05 PM
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Quote:
Originally Posted by mikeym88 View Post
Hi there,

I need a little advice as to whether or not I'm currently eligible to apply for a partner 309 visa.

To give you a little background, I am from the UK and I have been in a relationship with my Australian girlfriend for just under 3 years (since December 2011).

We first moved in together, in a house-share (sharing a bedroom), in January 2013 and lived in this set-up until August 2013. However, due to the set up of the house hold, we don't have any substantial proof that we lived there (there were no lease agreements signed on our part). We do, however, have bank statements showing direct debit rent payments to the lead tenant in the house.

In August 2013 my girlfriends working holiday visa expired and she had to return to Australia in order to apply for a skilled worker visa, which was duly approved (luckily here company sponsored her to stay). However she didn't return to the UK until 11th December 2013. During this period of separation we were in constant contact and have records to prove it (e.g. Skype, Facebook & What's App etc).

Upon my girlfriends return to the UK, we both moved into my mums place together for a period of one month. Again we both have proof of this in the form of payslips and official documents from the Inland Revenue addressed to us at my mums address. On the 11th January 2014 we moved into our own 1-bedroom flat in London where we have resided here together since.

We currently have flights booked to Australia on 12th December 2014, at which point we are planning to stay there. I have just had a working holiday visa approved, so I'll have at least 12 months guaranteed stay in Oz however I'm looking to lodge an offshore 309 visa application before we fly out (and ideally as soon as possible).

So my question is, as at today (24th September 2014) do you feel that we would pass the 12-month living together requirement of the visa? Or should I wait until 11th December 2014 (an exact year since my partner returned) to lodge my application?

I look forward to any advice that you may be able to give.

Thanks in advance,
Michael
Hi
You seem to have plenty of evidence but if you can hold on until the full 12 months it would probably be better.

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Old 09-24-2014, 09:27 PM
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There is no way you'll have a 309 approved by December of this year. Probably better to wait till you're there and then lodge an 820 before your WHV expires then you'll have plenty of time to get all your evidence gathered.


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Old 09-25-2014, 05:08 AM
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London is taking 10-14 months to process 309 visas right now. I definitely wouldn't plan on submitting one and having it approved by December. There's just no way. I agree with Valentine - you'd be much better off going over on your WHV and then applying for your partner visa onshore (820) when you've gathered enough evidence.

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Visa #1: PMV (300) through Washington, D.C
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Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 09-25-2014, 07:16 AM
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Thanks for the responses! However I'm afraid I may have mislead you a little with the question.

With regard the visa, I know there is no chance of having it approved by December. But what I was more curious about is whether I could apply now and pass the 12-month cohabitation criteria? (I read somewhere that months of separation can "reset" the counting period of cohabitation. Is this true?)

If I don't pass that criteria yet, then I was thinking of applying for the visa offshore literally the day before I travel to Australia, in December, on a working holiday visa. As by December 11th 2014 my girlfriend and I will definitely have 12 months on continuous cohabitation under our belts.

Ideally I'd rather apply for the visa offshore as, from what I understand, this application route would allow me to come and go from Australia as please while the visa is processing.


Last edited by mikeym88; 09-25-2014 at 07:30 AM.

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Old 09-25-2014, 08:53 AM
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Applying onshore is going to be much better for you. If you apply for the onshore Partner Visa 820 while on the WHV, you will continue to have the travel rights that come along with the WHV until either your visa is granted, or until your WHV ends and your Bridging Visa A automatically kicks in (you're given a BVA as soon as you apply for an 820, and it lies dormant until the visa you're already on expires). Once your BVA kicks in, you will have the right to travel still - you will just have to apply for a BVB temporarily (inexpensive and easy) two weeks before your planned trip.

If you apply for the 820 while on the WHV, you'll still have the six-month work restrictions of the WHV unti your WHV is over, BUT you can apply to have those work restrictions lifted (and it will likely be granted) because you've applied for an 820.

If your 820 is not granted by the time your WHV expires (likely), your BVA allows you to stay legally in Australia until your partner visa is granted. You'll have full work and study rights, and as previously mentioned, you can get a BVB to travel easily if you need it.

Now, if you choose to apply for the 309 before leaving and THEN come over on your WHV - if your 309 is not granted before your WHV ends (quite possible given London's 10-14 month processing time), you will have to apply for a tourist visa in order to stay in the country after your WHV, and it's possible they might not grant it since you will have just finished a WHV.* This would mean potentially being away from your partner for a few months while your visa finishes processing. Even if you are allowed to stay on a tourist visa, you will be unable to work while you're on it, and you will have to fly back out of Australia again when it's time to have your visa granted.

Obviously it's up to you which way you go, but applying onshore makes much more sense in your situation to me.

*You could also theoretically complete three months of rural farm work to be allowed a second-year WHV, but honestly it seems kind of counterproductive since again you'd likely be away from your partner for a few months in order to do that.

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__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

Last edited by CollegeGirl; 09-25-2014 at 08:57 AM.

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Old 09-25-2014, 11:09 AM
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Thank you for the response CollegeGirl! Your advice is much appreciated!

Based on everything you have said, the onshore (820) application route definitely looks like the best option!

Thanks again to everybody that has commented.

Kind regards,
Michael

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Old 09-25-2014, 06:21 PM
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Good luck!


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