Lodging a Partner visa application April 2012

I get a huge number of questions relating to Partner onshore (820/801) & Partner offshore (309/100) visa applications. The most common enquiries relate to

  • Processing times
  • The evidence required to prove a genuine relationship
  • Relationship Registration
  • The 12 month co-habitation period for de facto applicants

My plan is to look at these areas in a series of three articles over the next few weeks.

The latest numbers I saw from DIAC indicate quite a significant queue of applicants both onshore (20,000) and offshore (20,000) – for onshore the applications will be spread between onshore processing centres in major Australian cities and for the offshore applications amongst the many overseas posts (Embassies & High Commissions) worldwide. This translates to about a 12 month wait to get a visa wherever you lodge the application give or take depending on local factors. This is also the advice DIAC are giving out over the phone.

The main question I’m asked is how do I overcome waiting this long?

Onshore the answer is simple – lodge a Decision Ready application. If you do this the wait can be less than a few weeks sometimes shorter.

Offshore it’s harder and it may depend on the overseas post and their processes and idiosyncrasies. Again having your application as decision ready as possible will help. One thing is not possible these days – medicals under the new eHealth system require the DIAC case officer to give you a letter to take to the Panel Doctor for the medical to be completed but that’s really the only thing and your offshore application can be perfect in every other way.

You’ve got to remember that DIAC case officers do assess applications individually and just because you think your application is decision ready does not mean that they will agree. You may think you have enough relationship evidence they may want more. If you’ve managed to somehow get any inconsistent information in your application or perhaps missed a question here or there this will derail any chance of faster processing times and lead DIAC to write to you asking for further information.

There is a world of information on the Internet including on the DIAC website in relation to what’s needed to lodge a complete and unambiguous Partner application. Some overseas posts like your forms and supporting documents in a particular order; it’s obviously an advantage to comply with these wishes. Many overseas posts have their own country specific checklists, use them – they are always on the embassy / high commission website.

The best tip is not to try to fight the system and think you know better or to try to be what we sometimes in Australia call a ‘Bush Lawyer’ – a person who although not qualified in law attempts to expound on legal matters – the reference comes from a poem ‘A Bush Lawyer” by Australian 19th Century poet Banjo Paterson. The system is not designed for negotiation. Partner visas have criteria set out in the Migration Regulations and you really only get to play if you play by these rules. Some areas are subjective and the core of any Partner application proof that the qualifying relationship is genuine is just such an open ended criterion. I’ll come back to this in detail in a subsequent post.

DIAC has generic Partner Checklist for the 820/801 and 309/100 subclasses. Search for them on the DIAC website (for example use the search “820 /801 Checklist”). I have not included them here as they often change and you must have the most recent version. Print out the relevant checklist, complete it and attach it to the front of your application just behind your Cover letter.

Make absolutely certain that you have included all the basic elements required for your application – Remember all copies MUST be certified copies

  • All the required DIAC forms
  • Proof of ID and date of birth for the applicant and any dependants as well as the sponsor (generally passport and birth certificate but may also include a national ID card)
  • Passport photos of all applicants and the sponsor – certified
  • Proof of any change of name
  • Evidence relating to income and employment especially for  the sponsor if you want to avoid being asked to provide an Assurance of Support
  • Proof of custody and legal permission of any minor / child to travel – this is usually a court document these days as well as written permission from the non-custodial parent
  • Evidence relating to previous relationships – this can range from divorce decrees to Statutory Declarations detailing past relationship and when and how it ceased
  • Statutory Declarations from both the applicant and sponsor detailing the relationship in some detail – dates, major events, travel, things you do together etc etc…
  • DIAC 888 relationship witness declarations (minimum of 2) from independent Australian citizen or Australian Permanent Residents. Independent means not related to the sponsor or applicant – you can include 888s from relatives but make them extras
  • Marriage or Relationship Registration Certificate if applicable
  • Evidence to support that the relationship qualifies (12 month for de facto couples) and is genuine (more details in a later post) – this will make up more than half of the volume of the application generally
  • Medicals if possible completed or at least a copy of the receipt you got when you paid your medical fees (this has a Client/Patient number on it that DIAC can check online). Most 309/100 applicants must wait for the eHealth letter previously mentioned
  • Relevant Police Clearance Certificates.
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2,030 responses to “Lodging a Partner visa application April 2012

  1. 12 months. Jesus Christ! So a legally married wife or husband, who might have had already spent considerable time offshore awaiting their partners PR in Australia, would need to wait till 12 months.

    I also assume that when filed for a partner visa, the offshore applicant cannot apply for a visiting visa while their partner visa is being considered? I guess this will delay their partner visa process? Its all too complicated.

    • Immigration Pty Ltd

      Offshore time frame is quoted at 12 months but many factors can improve the time as per my post equally there are factors that can make it longer. No a VV won’t be available during processing unless there are exceptional circs. Grant Williams

      • A tourist visa can be given while awaiting a partner visa application,this info was given to me from the Australian visa post in Indonesia vfs global,unless they not telling accurate information bit confusing when you read here you cant!!

      • Immigration Pty Ltd

        Ryan Yes it can that’s absolutely correct and I have seen it happen on occasions however the usually policy is not to approve these applications. For every one I’ve seen granted I’ve seen countless refused. Sometimes it depends on the question you ask the officer at the post. For example can I apply for a VV for my partner to come while the application is being processed? They will say Yes – certainly. If you asked for example can you assure me that if I apply my partner will a VV etc…? They will say something like all applications are assessed individually to see if the applicant is a genuine visitor. DIAC is often …what’s the word…disingenuous when it comes to this issue. I hope you get the visa if that’s what you’re trying for but don’t be surprised if you spend you money and they then say no. It one of the things that really annoys applicants – told one thing and then the opposite happens. Good luck Grant Williams

      • Dear Grant,

        Just would like to clear some doubts regarding to de facto visa. I rang immigration a few times but they all gave me different informations for the same questions asked, frustrating and made me feel a bit lost. So I’d like to ask you those few questions.

        I’ve been living with my partner for 14 months now and we already have all the documents ready to apply for partner visa. So besides Identifications and statements, which ones are the actual documents that must be certified? Photocopies of bills and letter have to be certified as well? How about copy of pictures provided? Is a folder with the documents in plastic sleeves ok to handled them in?

        One more doubt … My student visa is still running and it only expires in march next year, so is there any chance of immigration still process my partner visa application before my student visa expires or they won’t touch my application until my visa expires?

        Thanks a lot,
        Ana

      • Immigration Pty Ltd

        Ana
        Every copy of an original document must bve certified.
        DIAC HATE plastic sleeves as they are a total pain to remove documents from so don’t put it in a folder and don’t use plastic sleves.
        Yes colour copy the photos and get the copies certified.
        If you have all the requiored documents and evidence in your application so it is decisionready yes it will be processd before march next year if not this time next year.
        GW

      • hi grant,
        i am on bva at the moment because i am waiting for mrt decision on my student visa. i just need to ask you i applied partner visa last month but i didn’t withdraw mine met file so i am still on bva. if i withdraw my mrt file i will go on bvc with no working conditions so i just need to know whats a best option for me to do

      • Immigration Pty Ltd

        Gurjeet
        I see no value in withdrawing the MRT application. You have applied for a partner visa from a Bridging visa. How long have you been in the relationship at the time of application as there could well be a Schedule 3 problem if your relationship is less than 2 years old at time of application.
        GW

      • Hey Grant!
        Is it possible or not to lodge a decision ready application for an Offshore partner visa. I have noticed you said that you cant get a health exam untill you are told to by a case officer..

        Is there anyway around this situation now that you know off?

        Thanks in Advance

        Kris

      • Immigration Pty Ltd

        Kris
        Yes but it does not seem to speed up processing so no happy endings there.
        No way around the medical thing offshore.
        GW

      • kierkaijukaos

        Hi there!

        Just a quick question, I’ve been accepted for my temporary partner visa, but my case manager stated that because I have no hard evidence for the first 3 months of the relationship, I can’t be considered for the permanent visa, I handed in my application in June 2012. Do you know if immigration would take into consideration the period of time since I applied. I have now been in a relationship with my partner for 4 years..

      • Immigration Pty Ltd

        Kierkaijukaos. No they cannot it is how long you can prove at time of application. GW

        On Thu, May 16, 2013 at 1:34 PM, Australian Immigration Blog – Grant

      • Hi Grant
        My wife received an email from the immigration dept in Dubai asking for her to undertake her medical examination with our son to further process her partner subclass 309 visa. HAP ids were also given for the two of them. The medicals were done on Oct 22nd, 2013. No other documents were requested. Since then, we have heard nothing. Do you know approximately how long it takes after medicals for grant of the offshore spouse visa? It is almost three months since the medicals were done. Any information in this regard will be greatly appreciated.

      • Immigration Pty Ltd

        Phil
        There is no set time for this – once everything is to hand it goes to the Senior Migration Officer at the post for approval and this is another queue that they manage by some mysterios process.
        Everyone just gets to wait.
        GW

      • my relation was 1 year 4 months old when i applied for partner visa. i also registered my defacto relation in melbourne. my lawyer said if i withdraw my file i will go on bridging visa c with no working condition. just need to know should i continue my study or can i work full-time but on bridging visa i am only allowed to work 20 hrs a week .

    • Dear Grant,

      I am french and my boyfriend is Australian. I went to Australia in November 2009 and we started dating in December 2009. We moved out together during 6 months and after as my visa was expiring he decided to come back with me in France. He got a WHV for one year and we lived at my parents during that whole time. (So we have been together for more than 2 years now). We applied for the 309 subclass visa in November 2011 and we gave all the proofs we could have. My boyfriend had to leave France in November 2011 because his visa expired and it’s been 8 month now that we are waiting for my visa without beeing able to see each other except on skype.
      I know it can take between 5 and 12 months but as I have no news, do you think I could call the embassy just to ask if everything is ok?
      How am I suppose to receive the visa? Is it sent by mail? Do they warn me when it is sent?
      I heard that after a 10 month waiting period, the sponsor can call the embassy and ask (nicely of course) to accelarate the process. Is it true?
      Can I go to Australia for a short period to see him?
      Thanks in advance for your helpfull advices!

      • Immigration Pty Ltd

        Caro
        Offshore partner applications are very slow. You can ask but they can be quite uncommunicative. The after 10 month thing sounds like a myth to me.
        Very hard to h=get any sort of VV while a 309 is being prrocessed.
        Better to go to visit France methinks.
        Grant Williams

      • Dear Grant,

        My partner applied for his spouse visa offshore (309) from a country categorised as “high risk” in early June 2010 and this was granted early August 2010 (so in just 2 months). This was depite earlier being advised that processing time was over 6 months. We were advised at interview (just 2 weeks after submitting application) that they were more than satisfied of our genuine relationship and were “sorry” but medical clearence would take 4 weeks from date of medical because it had to be sent to Australia for processing. So we essentially knew the visa would be granted just 2 weeks after submitting the application!
        My partner received his 2 year letter and submitted additional information for his PR 100 visa (all that was requested was additional stat decs from both of us, 1 form of updated details and Aus police clearence) in early June 2012. The letter states processing time to be 6-8 months. Why would it take this long given a genuine relationship has already been proved and they have not asked for more evidence of relationship? Are there some processes that must still be gone though, or does it simply sit in a pile?

      • Immigration Pty Ltd

        Waiting…
        They just want you to prove that you are STILL in a genuine relationship. Lost of relationships breakdown and the applicants do not tell DIAC so this is the reason for the second set of checks.
        GW

    • I am British with a British passport. My partner is Australian with a British and Australian passport.

      I met my partner in the U.K. in April 2009. We started our defacto relationship in November 2009 and began living together in February 2010. In February 2011 he moved back to Australia to commence work and renovating a house he has bought for us. After securing a place on a ten month post graduate course in the U.K. for September 2011, I travelled to Australia in March 2011 on a WHV. We lived together for six months before returning to the U.K. in September 2011. I then commenced my course and he returned to Australia. We were in daily contact (skype, emails) from September 2011 until my course finished in July 2012 and I travelled to Australia on a holiday visa to re-join him.

      I am at present about to return to the U.K. where I have secured a six month teaching contract while waiting for our defacto visa to be approved. We had decided to apply for a 309 partner visa but unfortunately my partner’s documents were delayed and did not arrive in the U.K. until after I had left to join him. They were sent off for us but have been returned invalid as I was inside Australia at the time of lodgement. We had no idea that we were not proceeding correctly as I’m only in Australia on a holiday visa.

      My case officer says upon return “I note however that you should read again the information on these visas on our website as you and your partner need to have lived together for the 12 months immediately prior to you making the application for the application to be successful.” We understood that it was not necessary to be living together immediately prior to lodging the application. Fact sheet 35 states “they live together, or do not live separately and apart, on a permanent basis.” Booklet states “show that you and your partner are living together or, if not, that any separation is only temporary” We lived together for just under 12 months in London, six months in Australia and now another two months in Australia.

      We assume we should wait until I return to the U.K. in two weeks and then submit again after updating our statements. We will be grateful for any advice you can give us.

      • Immigration Pty Ltd

        bethan
        Yes you must be outside Australia when you lodge the application. I can see no reason why the time you have lived together will not meet the 12 month rule for de facto couples.
        GW

      • Thanks Grant, this blog has been so helpful and raised a few ideas for us which we think will assist our application further!
        Also, we have now made an appointment at the local court here in the NT to register our defacto relationship too, thanks to reading about relationship registration in other posts on here.
        Warm regards x

    • Hi Grant,
      Firstly let me thank you for your excellent blog and all the advice that goes along with it. I can safely say it is appreciated by all potential migrants.
      I am applying for an 820 Onshore Partner Visa and would just like a definitive answer on the protocol for lodging in person. I wish to do this on the last day of my current WHV in order to solidify the 12 month requirement. I have registered the relationship in Qld and have sufficent supporting evidence but feel that getting the 12 month requirement in seems to be vital.
      I have got differing advice from DIAC when I called – one operator told me I can just turn up in Brisbane on the day and lodge it no worries, another told me that I will need to make an appointment for a few days before the final day on my current visa, in prder to allow processing time for a bridging visa.
      So what is the answer? Any help would appreciated.

    • Hi Grant. I been reading your blog since then and I find it very helpful that why i want to ask you opinion about my situation, ive been granted a subclass tr 676 with a multiple journey valid for 1year with 8503 condituon, my husband and I been together for almost 3 years married for 1yr and 6months now. Can I apply for a spouse visa ? We both lost our job in Singapore my husband is Australian and i am from Philippines. We’re now here in the Philippines what are the requirements i need if now hubby dont have work?

      Thank you hope to hear from u.

      Regards,
      Jen

      • Immigration Pty Ltd

        Jen
        You cannot lodge in Australia as your visa has 8503.
        If your sponsor is unemployed he will have to be able to demonstrate that he has the financial ability to support you once an offshor TR visa is granted. You must lodge in Manila. He will need to family support or get back to Australia and start working.
        GW

  2. Thanks for this post. Been waiting to hear something in this area. What I am uncertain of, is once a TR has been received (after the 12 month wait period), how much longer will it take to receive the PR? I have read that (onshore) it is around 6-8 months. Does this sound right? Can it possibly be given sooner than that if all is in order?
    Thank you.

    • Immigration Pty Ltd

      If you’re talking about onshore Partner applications ??
      De facto waiting period is 12 months cohabitation to be eligible to apply. This does not apply to a couple who are married or ina registered realationship.
      Once an application is lodged with DIAC processing time will vary with the quality of the application. Decision ready – very quick. Others maybe 12 months to be allocated a case officer.
      Once TR is granted onshore 820 visa there is a 2 yaer waiting and after that time DIAC will write to the applicant on the 820 visa inviting them to provide updated proof of the ongoing relationship within 60 days. Once DIAC have this and if all is OK they will grant PR in 2 to 3 months.
      Grant Williams

  3. Dear Grant,
    My partner and I started our relationship while he was studying in Australia (1.5 years) and we moved to China together when his student visa expired. We have solid evidence for the last 8 months, but not much more. We are looking for advice but here in china it’s hard to find anyone who we can trust. I have at least one quesiton you may be able to answer without any specific information. If we have solid evidence of a de facto relationship for 8-9 months, If i move back to Australia and keep in contact via phone/email, can we apply for a visa at 12 months? is that common or does the sponser have to stay in the applicants country for the full 12 months to satisfy de facto status.

    Thanks for your time Grant.

    Jack.

    • Immigration Pty Ltd

      Jack
      The scenario you’ve outlined can work for a partner application. You could come to Australia and Register the relationship (if you’re eligible) and apply straight away. You’ve been together for more than 12 months so you already meet the de facto eligibility. Evidence of the early part of the relationship can come from both your stat decs and those of Australian witnesses, friends, fellow students, work colleagues even family members and simple things like photos.
      Can you simply stay in PRC for another couple of months?
      Grant Williams

  4. Hello Grant
    Since I found this blog, I have been reading it very carefully. How great this is. Thank you for your kindly-hearted commitment.

    I do not know whether this is a proper place I post my comment on but I will. I want to know what ‘advice’ means regarding to visas. I have known that you are a registered visa agent so that you are regally able to advise someone who seeks an assistance. I often see many comments about visas in various forums from probably posted by ‘ordinary’ people. For instance, if someone says, ‘I want apply for visa A but now sure, is visa B more appropriate? please tell me.’ Then replied as ‘If I were you, I would have applied for visa A…’ From your professional point of view, I would like to clarify this is against the law. (I am NOT a professional and this comes from purely my curiosity.)

    Thank you for reading and have a nice day
    Y

    • Immigration Pty Ltd

      Dear Y
      Providing migration advice without out Commonwealth Registration is illegal, against the law and punishable by quite severe fines and potential time in jail. However if you ask someone for their opionion on a matter and they say well I’d do this or that it then becomes a question are they actually providing migration advice. Fprums are people sharing their experiences. Anyone who asks for money for their advice in realtion to migration law and visa applications who does not have registration or a legal prcaticing certificate is breaking the law. There are a number of other people who can offer adice in this area like members of parliament.
      You might like to look at this link to the Migration Agents Registration Authority website.
      https://www.mara.gov.au/Consumer-Information/default.aspx
      Grant Williams

      • Dear Grant
        Thank you for spending your precious time to answer my question. I now clearly understand it. I read a factsheet and watched a short video which both have been provided by DIAC but to be honest they made me confused as they did not mention anything about internet-based activities. (I believe that not being referred to the matter is no guarantee that it is legal.)
        Now everything is clear for me related to this issue. I would love to start looking at that website above.

        Once again, thank you very much.
        Y

  5. Dear Grant,

    I’m currently an engineering student studying on my 2nd masters degree in masters of engineering management. I’m on a 573 visa and looking forward to applying for PR after my masters. However, seeing the new Skillselect and EOI, I’m not sure if I’ll be able to get that invitation since I have no employer/family sponsor and no job experience overseas and here as well. I’m currently working only in a retail store. My partner is on his BVA at the moment trying to find work but to no avail. He has tried centrelink as well as max employment and he still can’t find a job. I’m weighing my options now when I finish this masters to either go back to my home country or pursue this elusive PR. I have some issues regarding these problems:
    1. Paying fees for skills assessment, paying and taking IELTS over and over till I get 7 or higher on all bands.
    2. Waiting on a TR for that invitation of PR which I will not have any information where I will be ranked considering I spent much of my time studying instead of working on my degree.
    3. Spending overseas money (AUD is high at the moment) here while on the hope of getting that invitation.

    If you were in my shoes, what decision would you make? The July 2012 rules will be applicable to me once I graduate next year. Do you think I should invest my time and money in this endeavor to get PR or just go back home?

    Thanks for your time and hope to hear a response.

    • Immigration Pty Ltd

      Dear Lenn D
      Not really a fair question as this is your decision and I’m not in your shoes. Many people want me to make a decison for them n=but in the end you’ve got to collect info and make your own decision. I do not know how SkillSelect will really operate but you have high level qualifications and hopefully good IELTS so that’s positive. You can alwys look to an employment visa option with your qualifications – Standard Buisness Sponsorship / Nomination & 457 visa application.
      Yes it’s all very expensive but that’s just how it is I’m afraid.
      Where is home? Applying to stay in Aust is not complusory personally I’ve lived in a number of other countries – Solomon Islands, Italy and UK in recent times and the last two were great!
      Grant Williams

      • Dear Grant,

        Thank you very much for your response. I know it was quite unfair of me asking you about my situation but I know a lot of people have the same issues like mine and would want to know the opinions of migration experts like yourself. My home country is the Philippines.I’m trying to weigh my chances of getting a better life and career here in Australia or back home now that I’ll be completing my second masters.

        Cheers

      • Immigration Pty Ltd

        Lenn it’s up to you just collect all the info and make a decision. Grant

  6. Hi Grant,
    Thanks for posting the information.
    I am PR here with Indian passport and my girl friend is Vietnamese.
    My girlfriend use to live with me till feb 2012. She lived with me more than 1 year and we have been in relationship for 1 year and 6 months. I have some close friends who know about it and photos of us two, some airline tickets we travelled together, some of her uni documents used to come to our house as proof we use to live together.
    She is not in Australia any more, cos of her Visa expired at that time she had to go back. (I was not PR at that time)
    Now I want to bring her back, but as per your blog it may take upto 12 months for offshore applications. What could be the fastest way to bring here? Is this possible she comes here on visitor Visa and I register the marriage here and apply for her Visa 820/801 or I have to go back and get married overseas and apply offshore.
    Thanks
    Dharminder

    • Immigration Pty Ltd

      An onshore application will be psooible if she is here on an open visa – any visa without a restriction on onshore application like 8503 No Further Stay.
      An offshore application is always possible.
      If you are intending to marry this qualifies the relationship you must then prove to DIAC that it is genuine with relationship evidence.
      Grant Williams

      • HI Grant,
        What would be the document checklist to prove the relationship is genuine?

        Thanks
        Dharminder

      • Immigration Pty Ltd

        That’s asking too much for an email answer. Long list. New post next week on this topic Grant Williams

      • My Partner came out to Australia on a 3 mths visa and it had the 8503 she’s falling pregnant and plan is I would return to Thailand in a few months when we have our child, and we will register for a partner visa and I was hoping to get another Tourist visa for her to come stay with me whilst it’s being processed, is there any way to appy for a visa without the 8503 and how do you amplify to make sure it doesnt?

      • Immigration Pty Ltd

        Mal
        No and in the circumstances that will not be granted. Thailand is a ‘high risk’ county in DIAC terms so most visitors get this condition.
        GW

      • Hi Grant!

        I have been reading this blog but I still cannot find the answer to my question.
        I am a Filipina and currently holding a prospective marriage visa, arrived Melbourne on May 28, 2012 then got married to a New Zealand citizen but an Australian permanent resident last Nov. 10, 2012. In view of this, we are advised to apply for 820 – 801 Onshore Partner’s Visa. When I was applied for PMV, I was asked to submit police clearances from all the countries that I have lived in for the past 10 years which I have provided. My question is do I still need to provide the same documents to apply for partner’s visa? I am worried that I cannot produce the documents if they require me to. I worked in Dubai for 5 years and one year in Sinangapore. Both of these certificates are probably expired already.

        Thanks very much.

        Regards,
        Charmz

      • Immigration Pty Ltd

        Charmz
        No you do not need to provide them again unless you have been living there for more than 12 months since you last got them. I’m assuming here of course that the person you have married is your PMV sponsor.
        GW

  7. Dear Grant.
    Thanks for this beautiful blog.
    I am a divorced man and with BVB(partner) . My previous wife and me got divorced in Australia one year ago. We have a son out of Australia and he is living with his mother’s parents. Now I got married again and applied for partner visa and have not provided any information to the DIAC about the son from my previous wife. Do this effect to my application? I lodged the form about 5 months ago.
    Please advise.
    Dave young

    • Immigration Pty Ltd

      Dear David why not tell DIAC about your son? I assume if he is your son he must be an Australian Citizen??? He’s not migrating but you should have included him on the pages in the application that ask about your family. DIAC can interview your new partner and ask why she did not know about him or include in on her application form. This all seems odd what was your thinking behind not including him. Was your previous wife sponsored?
      Grant Williams

  8. Hi,
    I have applied for subclass 485 temporary residency, and currently on bridging visa. My wife is overseas. Can she come here on partner visa after i receive my temporary residency? Thank you.

  9. First of thanks for all the information you give us. In regards to above question of partner visa of a 485 visa holder. May i ask approximate processing time for partner’s visa please?

    • Immigration Pty Ltd

      Not long in immigration terms the ones I’ve seen a couple of months – depends on the applicant and the country.
      Grant Williams

  10. My daughter has just recently graduated from uni and has met a foreign student who is here on a student visa. They have been together about four months and have just applied to have their relationship registered. Their next step is to apply for 801/820 visa for her partner. As he is finding it hard to cope academically due to his language skills one option open to him would be to voluntary end his student visa and apply for a bridging visa while awaiting a decision on the 801/820 application. My question is….as my daughter has just graduated, she has no real employment history or savings apart from her centrelink payments. Will she need to provide some assurance of support guarantee and what form could that take given her own financial position? Or is there another option?
    Thanks for all your advice

    • Immigration Pty Ltd

      Patrick
      she is the sponsor and she cannot provide an AOS. If she could she would not need to as she’d have enough income to support the applicant.
      Someone else must provide the AOS…perhaps her Dad?
      Grant Williams

      • Thanks Grant for clearing that question up. Yes, that makes sense. So given their apparent lack of finances should they just go ahead and include the AOS (from their dad) with their initial visa application or wait until asked. I am assuming that without the AOS their application would not be ‘decision ready’.

  11. thanks grant
    Do the new partner need to include son to her application form? my son is not Australia born. Because of the family dispute my In-law family do not want to connect me with him in any matter. In this case, how can I include him in my new partner’s application form. my previous wife is living some part of queensland with her boyfriend and she don’t want to talk with me.
    David

    • Immigration Pty Ltd

      David Where you an Australian citizen when your on was born? That means he can be registered as an Australian citizen. It makes no difference where he was born. You MUST include all family members in the application. There is a section Form 47SP that asks your new partner about your family – mother, father, brothers, sisters, children – put him in there. Your realtions with your ex does not change the fact that he’s your son! Be honest or it will come back to bite you! Grant Williams

  12. Hi Grant think its been a bit confuse. I am not Australian citizen rather my new partner is PR.

    • Immigration Pty Ltd

      Does not change the need to put your son on the application. You must tell the truth as DIAC will discover that you have mislead them and that will not go well for the new application. Grant Williams

  13. How did I miss this? :lol: Busy with family, is the answer to that. Great points, Grant.

    I look forward to your posts. We are about to go through the 100 process, so our journey is almost over.

    40,000 in the queue? Good grief. So many people waiting.

    • Immigration Pty Ltd

      Robyn I’m glad you’ll escape the sytem soon. How do I get away? My Blog is about to hit 20000 hits a month and I’m disappearing under questions/posts. Grant

      • I’m not sure how you get away Grant, and I’m not sure I ever will either really. If I do get my book published, I could be forever linked to the system via the book. I am looking forward to your articles!

  14. Reblogged this on Love versus Goliath : A Partner Visa Journey and commented:
    As regular readers know, I don’t make a habit of reblogging. In this case I am reblogging as a service to those readers who search for answers in relation to Partner Visas and arrive on Love versus Goliath. Grant is about to write a series of articles about lodging Partner Visas and you may find answers to your questions there!

  15. Thanks Grant.
    Shall I fill up the 47sp again or there is other option to notify DIAC. But I am sure my Inlaws wouldn’t let me bring my son to Australia.
    David.

    • Immigration Pty Ltd

      It’s not a question of even bringing him he will need to complete a medical to allow you to get a visa even if he is not migrating. There is a DIAC form to notify changes or errors in what you have told them. Form 1023. Grant Williams

  16. Hi Grant, I’m so happy to find your blog and hopefully you can shed some light into our case.
    My Aussie partner and I (Indonesian) have been in relationship for about 3 years now, we met online. We both have been separated for about the same years, for him it is not a problem proving the separation but for me it is not common in my country for the term “separated” being catholic and all. And then i was advised to make a stat dec explaining when and how that relation ended and include that in the application (would this be enough). So far we have collected evidences following the checklist from embassy office in indonesia. We have evidence of bank transfers, bank statements with my name on it, bills with both our names on it, travel evidence, fotos, stat decs from both our friends Aussie citizen and Indonesians, he purchased a house for us, we have evidence dated since 2009. I have 2 children from my previous marriage and they are not included in the application, but i did put in the app that i have children, its just that they are not moving with me just yet, so is the 47A form still needed? We are now compiling everything together making sure that we have included and not forgotten anything. For example does he need to supply a police check? I was also advised that i have to submit the app in Jakarta (is this true) off shore since i assume i would be in indonesia when the visa is granted (my tourist visa always have a “no further stay” stamp). My partner wants to submit the application on shore despite me explaining him the conditions. We just want another opinion before we go through the final process and hopefully you can help and bring some light into this already long and winding journey. Thanks heaps.

    • Immigration Pty Ltd

      You must declare your children even if they are not migrating and DIAC will require them to have medicals to be able to approve your 309 Partner temp visa. No Form 47A is not required as they are not migrating. No your partner does not need an AFP as the children are not migrating. You cannot apply onshore unless you get the 8503 No Further Stay condition waiver which is very difficult. So you must apply offshore.
      Grant Williams

      • Thanks for the confirmation Grant, we’re preparing the form 80 right now and just making sure, do we need the passports or IDs of persons who wrote stat dec for us copied and certified? What if they are not an Aus citizen or PR?
        I have also read in the IARC article that you can still be in a de facto relationship even if you are still or were legally married to another person. You just need to show that you are legally divorced or permanently separated from that other person; and that you are in a genuine, continuing and exclusive relationship with your new spouse. Is this correct?
        Thanks again for your help.

      • Immigration Pty Ltd

        Yes everything must be a certified copy. You need two AC/APR witnesses. If they are not AC/APR they will not count. Yes the IARC info is correct. Grant Williams

  17. Hi grant
    They don’t even let me to talk with him, how can I get medical certificate of my son. Its hard grant. Any options? Please advise.
    David.

    • Immigration Pty Ltd

      DIAC will request it and then you have to expalin the situation and if you have it give DIAC their contact details. It is possible for DIAC to waive the medical if the custodial parent refuses to allow it. Grant Williams

  18. Hi Grant, May I get guidelines about getting 5 points for partner skills. DIAC fact sheet gives very limited information. My partner (is overseas) has completed bachelors and post-graduate degrees (same as me) accepted by CPA.

    Thank you.

    • Immigration Pty Ltd

      Dave this is what DIAC say…

      Partner skills
      Five points can also be claimed for those where the primary applicant’s partner satisfies the
      threshold criteria for a visa.
      To claim partner points the primary applicant’s partner will need to meet the following criteria:
      • be included on the same visa application as the primary applicant
      • not be an Australian permanent resident or citizen
      • be less than 50 years old at the time of application
      • nominate an occupation on the same SOL as the primary applicant, and be assessed by the
      relevant assessing authority as having suitable skills for the occupation
      • have competent English
      • have been employed in a skilled occupation for at least 12 months in the 24 months before the
      application is lodged, or completed the Australian Study Requirement.

      Grant Williams

      • Thanks for the reply Grant. Just have following questions:

        1. So my partner can be included in my 485 visa application?
        2. Does she have to be in australia at the time of application?

      • Immigration Pty Ltd

        1. Yes 2. She must be in Australia at time of visa grant so if that will be a problem then yes she needs to be here at time of application. Grant Williams

      • I have 55 points, doing a professional year course to get 5 points. When I get TR, my partner will come on partner visa. At that time, after completing PYP I will have 60 points and then I can apply PR (as I can get 5 points for partner skills). Am I on right track?

      • Immigration Pty Ltd

        Dave assuming you have worked all this out correctly yes you are on track. I have not seen your paperwork so I cannot be certain as I am relying only on what you’ve told me. Grant Williams

  19. Hi Grant
    You doing a great job. My Query is for my wife’s visa she come in Australia on v485(spouse). She living in Australia for more the 1 year we married from more the 1 year. i just get granted for my visa 885 but when i lodged my 885 she is not includes in it. so can i able to lodge decision ready 820 application for her?

    Thanks
    Vaneet

  20. Pingback: Sub-class 100 visa: Partner permanent | Love versus Goliath : A Partner Visa Journey

  21. hi,

    My partner is Permanent Resident. Now I am still studying Bachelor of Accounting. Next week, we will getting married.

    After I got married, I have a plan to lodge partner visa.

    The question is Can I get my PR because one of my brother is staying unlawfully in Australia? Is there any bad effect when I apply Permanent Resident?

    Thanks

    Rudina

  22. Hi Grant,

    Great blog BTW, so refreshing to find clear answers on the complicated topic of Partner Visa’s.

    I’m an Australian citizen and my fiancée is Thai. Our relationship began May 5th 2011. Up until Dec 4th 2011 our relationship was all long distance (Internet only, can easily prove this) except for a 2 week holiday to Thailand in Sep 2011. I moved out to Thailand Dec 4th 2011 and have lived with my fiancée ever since and we’re expecting our first baby in Oct this year. We’ll get married in Thailand in the next few weeks. We would like to move back to Australia ASAP, June preferably.

    I’ve spoken to Australian Embassy in Bangkok and they say it can take up to 12 months to get a Partner Visa (not sure about Prospective Marriage Visa?) offshore which is way too long. Is there any bridging visa my fiancée can get so we can leave for Australia ASAP then apply for the Partner Visa?

    Any advice you can give would be greatly appreciated.

    Cheers,
    Chris

    • Immigration Pty Ltd

      Dear Chris
      You cannot apply for a BV in this manner. BVs are granted when applicants make valid onshore applications. There are other BVs but they are not applicable to your situation.
      Yes offshore Partner processing is very slow. However this is an average time and most applications they get are very average!
      Make sure you register your newly born child as an Australian citizen with the Aust Embassy as soon as it is born and get it an Aust passport.
      Once you marry you cannot lodge a Prospective Marriage application.
      It is unlikely you will be able to get your Partner and child into Australia on an unrestricted visa (say a Visitor visa) as DIAC will apply condition 8503 (No Furthr Stay) to stop an onshore application. Mean but it’s how they roll.
      So the best option is to provide a perfect offshore Partner application – as decision ready as is possible with everything short of the medical which they will request via letter. This will shorten the processing time – not perfect but it’s really all you can do.
      Grant Williams
      JP 195363
      Registered Migration Agent
      MARN 0854799
      Immigration Pty Ltd
      Suite 35 / 647 – 649 George St Sydney 2000
      PO Box K1221 Haymarket NSW 1240
      Telephone: +61 2 92114694
      Mobile: +61 (0) 430351877
      Email: immigrationptyltd@gmail.com
      Blog: http://immigrationptyltd.wordpress.com

  23. Hey Grant!

    Quick question, Hubby is Aussie and Im American Married 5years, have son, seems pretty clear cut we submitted my visa (309/100) Feb 14, with medicals, Police checks, AFP and FBI local…etc…Anyways. My husband after 2 years of being laid off has found a job back in Perth, now, I know he can go back but will I be allow to visit him while my visa is being processed? My husband bought tickets for all of us :( One ways. :( I know if they grant me a 309 Ill have to leave but if they give me a 100 I could stay, but do you think its worth just going, and seeing the immigration office in Perth as soon as I arrive about a bridging visa. Not sure the best route. I just hate to be away from him so long and our kids too.
    Thank you so much.

    • Immigration Pty Ltd

      You cannot go this way and get a bridging visa. BVs are only given to people who lodge valid onshore applications. generally when you have an offshore applicastion lodged DIAC posts do not grant visitor visas. However you may snag an ETA as you are travelling on a US passport I assume. Wortha try. You should go straight to PR (100) as you have a long-term realtionship with an AC child. I assume you requested this when you applied? Which post/embassy has your application? You can also try asking to have the application fast tracked due to the employment offer and the needs of the kid – missing father etc. I’d try making a physical appointment with the senior Migration Officer at the embassy to negotiate this.
      Grant Williams

  24. Thank you so much for the swift reply!!!

    I applied to the Washington DC post, we live in Indiana. So not sure about a face to face interview, but I didn’t know we could request the 100, I had briefly mentioned this to the on the phone to the DC office and they told me I couldn’t, that the case officer would grant a 100 if they felt the need to, but I couldn’t request it. I do have a US passport and a ETA already. So you recommend me calling and requesting it being fast tracked since there is a job offer in hand.

    Again Thank you so much for your advice and swift reply.

    • Immigration Pty Ltd

      If you have the ETA already you can just come to Australia. You can ask them to look at your case because of the change in circumstances – job offer etc – you’re trying to get them to help you so tread softly, be nice, be appreciative etc.. it’s hard sometimes to be so sweet but it’s a means to an end. You could just come to Australia if you have an open ETA and lodge a new application onshore and withdraw the offshore application. Costs money but solves the problem. Grant Williams

  25. I sent mine off 2 months ago. I felt confident until I read this.. im scared they’ll want more

    • Immigration Pty Ltd

      Scared is not the right way to think about it. If DIAC want more evidence you simply have to give it to them they are not there to refuse genuine couples who qualify for the visa.
      Grant Williams

      • Ok good, I was scared bc we only gave the 2 friends stat. Decs. Instead of giving more. We supplied wedding photos and proof of long term contact though.. (copies of envelopes post dated to a few years ago)

        One thing I am worried about is that the application checklist never said a health check up (I did on shore application) so I didn’t even realize that they needed that until after my bva was granted. As I’ve lived in australia (yes, legally) for a year before my spouse and I applied. My latest health check was home in america. The checklist never mentioned it so I didn’t know, but the BVA paper work says its needed. Will they just contact me for that?

      • Immigration Pty Ltd

        The health check is mentioned in the DIAC checklist. In fact all visa applications for PR have Schedule 4 (Public Interest Criteria) Health requirements. Not sure how you missed this but the DIAC checklist is full of hyperlinks and this is in one of those so maybe that’s what happened. Get it done send it in. Your second email asks about TR?PR?. You apply for PR but you get TR for 2 years and then PR after that qualifying period provided the relationship is ongoing. Grant Williams

      • Another question (sorry) is with the partner (temp) (class uk subclass 820) and partner (residence)(class BS subclass 801) will I be a perm. Resident?

      • Okay thanks. Now im scared again. If I just go to a doctor and as for a health check up here will that be good enough?

      • Immigration Pty Ltd

        No Jo that will not be good enough. In Australia you must have the Health check for PR completed by Medibank Health Solutions. Overseas you must use one of the DIAC accredited Panel doctors.

        Links below to get ypou started…

        http://www.medibankhealth.com.au/immigration-visa-medicals.asp?t=Immigration+visa+medical+assessment&cid=58

        http://www.immi.gov.au/contacts/panel-doctors/

        You must completed Forms 26 & 160

        Grant Williams

  26. Hello Grant,
    Thank you so much for taking you time to answer my question. I’m an Australian citizen and my de facto partner is overseas waiting for his visa to be approved.He applied for permanet partner visa and lodged it in Dec 2011.In Feb 2012 he had an interview and also had his medical exam done in Jan 2012. We have been together for over 4 years, including some time online on the Internet and some time that we spend together during our joint holidays. We just got a baby son last week, so Im here with the baby in my hands and he is still overseas waiting for the answer. He was told it will probably take up to 12 months which is way too long, especially now when the baby is born. We haven’t advise an Embassy tyet that our baby is born, should we fill out some form or just give them a call and let them know? They knew that I was pregnant and I was due in April 2012.And my other question is if there is any other way to get him quicker to Australia as it makes everything really hard for me and the baby to wait till end of the year and for him seeing his firstborn just over the skype..
    Thank you very much for you help.
    All the best,
    Mirella

  27. Hello Grant,
    Thank you so much for taking you time to answer my question. I’m an Australian citizen and my de facto partner is overseas waiting for his visa to be approved.He applied for permanet partner visa and lodged it in Dec 2011.In Feb 2012 he had an interview and also had his medical exam done in Jan 2012. We have been together for over 4 years, including some time online on the Internet and some time that we spend together during our joint holidays. We just got a baby son last week, so Im here with the baby in my hands and he is still overseas waiting for the answer. He was told it will probably take up to 12 months which is way too long, especially now when the baby is born. We haven’t advise an Embassy tyet that our baby is born, should we fill out some form or just give them a call and let them know? They knew that I was pregnant and I was due in April 2012.And my other question is if there is any other way to get him quicker to Australia as it makes everything really hard for me and the baby to wait till end of the year and for him seeing his firstborn just over the skype..
    Thank you very much for you help.
    All the best,
    Mirella

    • Immigration Pty Ltd

      Mirella
      First immediately advise the DIAC overseas post quoting your file number that the Australian citizen child has been born. Send them certified copies of evidence of this – birth certificate showing the names of parents (both of you) and a few colour photos. In the cover letter with this advice you should request that the application receive priority (ask nicely) as this is a very important time in the child’s life – bonding with parents and stating that you need his assitance. If you can get your doctor to write a clear letter stating that you need post natal assiatance immediately this will also help. Some overseas posts will respoind favourably to such requests especially if the application is for a direct PR visa grant.
      Grant Williams

  28. Grant, thank you for your advice, I appreciate it very much. I’ll do it as you said. The only thing is I can’t get the birth certificate stright away as it takes up to 3 wks to register the baby but I will send them a copy of discarge letter from the hospital and send the certificate once I get it.
    Once again, thank you and have a nice day.
    Mirella

  29. Thanks for all your info, my wife and I have been married 8 months and lodge a 309 application in Bangkok in December,still waiting. My business I not going well and I have taken a full time government job. If I have to o bankrupt from my previous business will this affect the application.

    • Immigration Pty Ltd

      If you have a job and an income no it will not have any impact. The only issue is whether they ask for an Assurance of Support to be able to grant the visa. If you’re working they won’t ask. Just give them proof of your employment.
      Grant Williams

  30. Hi Grant,

    My partner and I are currently in Australia, she is on a working holiday visa whereas I am on a 12 month tourist visa (I was 6 months too old for the working visa but we had savings so it was ok). My girlfriend has now been offered sponsorship with her work which she is keen to apply for but I have a 8503 condition on my visa therefore I cannot apply as a second applicant while in the country. This leaves us in a difficult situation as either I apply for a waiver of this condition (reading forums on this I do not like my chances) or I leave the country while she applies. I guess I just want to know if it is worth applying for a waiver or if I have to bite the bullet and leave the country while she applies for business sponsorship 457.

    Regards

    • Immigration Pty Ltd

      Tim
      If you are just normal folks you won’t get the waiver it’s much harder to get than you think.
      Yes I think I can see travel in your future. Not too bad as 457 visas are processed very quickly if they are lodged with all the correct info. Most businesses need professional help to get this done. Best way to assure yopu’ll be back sooner rather than later is to get the whole thing done professionally. I spend a great deal of my time fixing stuffed up 457 applications that businesses thought they could do. Much harder the second time around as well.
      Grant Williams

  31. Hi Grant, fantastic website. I have a question regarding a change of circumstances for the holder of a Spouse / Partner Visa BC subclass 100, with permanent residency, has lived in Australia for aprox 6 months, have child who is Australian. If the couple are wishing to divorce (amicably after approx 5 years marriage) and the wife wishes to remain in Australia, what needs to be done regarding the Visa, DIAC? Any thoughts would be greatly appreciated.

    • Immigration Pty Ltd

      If the wife is the PR visa holder subclass 100 – NOTHING PR is PR she is here to stay. If the couple divorce it’s no different to an Australian citizen couple divorcing. DIAC have no interest in this as she is already a PR.
      Grant Williams

  32. Hi Grant ,
    I have a question , I am working as a nurse in Australia for18 months , and also had 5 years of my past nursing experience , My employer nomination has been approved by the immi dept . my ielts expired in February 2012 , can i lodge decision ready application , or have to lodge normal application with the exceptional documents..

    • Immigration Pty Ltd

      Depends what type of application you are trying to lodge. Can I assume it’sa partner application as it’s under this topic?
      Partner applications don’t require an IELTS.
      Don’t know what you mean by exceptional documents.
      If it’s any other sort of skilled or employment based aplication you’ll need a new IELTS.
      Grant Williams

  33. thanks for your reply …
    its not the partner application , i m lodging ENS offshore application in nurse profession ..my employer noomination has been approved , . just want to know , is it possible that ielts can wave on my past nursing experience , and i can lodge decision ready application.

    • Immigration Pty Ltd

      No you must have a vaild IELTS to lodge the ENS application at all and esp if you want to be considered as decision ready. Grant Williams

  34. Does anybody know how long approx it takes to get a 309 partner visa final decision from Aussie embassy in Bangkok. The case officer advised the file was ready to go in the queue for decision that was 18th April. Also will an interview be required

    • Immigration Pty Ltd

      Jason If you are saying that DIAC have advised you that they are ready to approve the visa – not long but when did you lodge the application? Also have they made requests for additional info/documents? When? Generally o/s partner applications are taking 12 months from application to decision. More if they need to make requests. Grant Williams

      • Grant
        We lodged 13 dec 2011 we were contacted early feb with a list of requirements, had medicals 18 march provided all documents and checked they were received. We were told 24th April file was now in queue with the decision maker. I asked case officer if my wife could come back to Australia for another 3 month tourist visa and was advised better to stay in Thailand as it wouldn’t be long. So I took this to mean up to 3 months. Maybe I was wrong to think that. If you believe they take 12 months.

      • Immigration Pty Ltd

        Jason Unfortunately I’d say it will be later in 2012. It’s passed the preliminary assessment and it then sits in a pile waiting for a case officer to do a full assessment. Maybe it will surface earlier but I would not hold my breath! They are quite slow esp in Bangkok at times it’s a big post with many applications. Grant Williams

  35. My partner and I are currently in the process of applying for our de facto visa while we are living abroad in Canada where I am from (he is Australian). I would like to know more about document certification.
    Do I need to get every photo copy I make certified by a lawyer? If I send in original copies of bills etc. do I need to have those certified?
    Also we do not get our joint bank statements mailed to us they are an online pdf version in our account. When I print those of do they need to be certified? This whole certification process is driving me crazy!! please help!!

    • Immigration Pty Ltd

      All copies all pages must be certified. Original docs do not need to be certifed they are the document itself.
      Internet printouts are originals. I always copy them and certify them it seems safer.
      Grant Williams

  36. Hi Grant,

    Reading through all the queries in the log have given me the innitiative to ask my question even though my situation is a lot more complicated than the ones mentioned above. I met my boyfriend whilst I was visiting my family in El Salvador, we have only spent about 1.5 months together in the same country and the 6 months just daily phone messages and on the rate occasions an email here and there, since we communicate via black Berry or phone call daily there is no need for emails. My Question lies more around his eligibility or if you like his chances in being approved for a fiancee or a de facto visa. I know the de facto visa we need to have lived together for more at least 12 months together which may bring me to move there and live there for a year which is not ideal for me but if needed I can do so. His situation is a bit of a tough one give that he was deported from the USA about 6 years ago due to a committed assult which he did 1 year jail time for it at the time he was 20 yrs old. He was excempted from returning to the USA for a period of 5 years and which now has been completed but he has not tried to reapply for a visa. He has a job in El Salvador and is currently trying to complete his studies, he speaks and writes fluent english given that he completed most of his schooling in the USA. Furthermore he has been married and is divorced and has a son from his marriage, there is no issues from them as they have not been together for more than 2 years. Financially I am in a better position than he is as I have a stable job and I am financially independent he has a stable job but is not a high income bringer. I guess I am at a loss and am unsure if we have a no hope case given his past history, he was young and I know it is very difficult to be granted entry to Australia. Could you advise me on what would be the best approach to my situation and in your honest opinion what would be your thoughts on our chances, we care about each other very much and of course we could live over in El Salvador but I guess I have grown up here and this is my home and in regards to raising a family the opportunities would be higher here than over there. I really appreciate any assistance you could give me.

    Regards

    Karen

    • Immigration Pty Ltd

      Karen
      For my sins I assume I see many cases like yours. Your partner will fail the Character Test as he has a substantial criminal record and he was deprted post jail I assume from the USA – also not helpful.
      Really at the moment the only visa open to you would be the TO 300 Prospective Marriage but the Character Test will be a major hurdle. It is always easier for DIAC to refuse offshore applicants with character issues. If he is honest he will not even be granted a visitor visa for Australia.
      Look it’s not impossible but you will need profesiional help to get any visa over the line. You should be looking for an expert in Charater issues.
      Grant Williams

      • Hi Grant,

        Thank you for the reply, you are correct he was deported straight after jail, :( it is a difficult case I know and I guess I knew it would be difficult. You did say if he is honest than the character test will be difficult I mean if he wasn’t honest than would that not work against him if they were to find out. Furthermore is not checked if he is not honest anyway, in your expirience is it feasable that he would get a visa entry? and what if we got married in El Salvador and then return here in the future will still be as hard if he is just a prospective partner.
        Karen

      • Immigration Pty Ltd

        You can’t marry and be a prospective marriage applicant. Prospective marriage is only an offshore application. Lots of people lie about their criminal record on their visitor applications and arrivals cards and yes it will come back against them if they then apply onshore and have to produce a Police Certificate. To be clear I’m not suggesting that you do this it is just that I see many such onshore applicants and the problems and stresses that we all go through trying to get their application approved. DIAC take the Character Test very seriously and you partner has a conviction for a crime of violence which again they take a very dim view of. It will be very hard. No magic solutions I’m afraid. Grant Williams

      • Thanks Grant, you are doing a great thing providing people like myself a wealth of knowledge. I appreciate the time you took to reply to my queries, greatly appreciated.

        Karen

  37. Hey Grant. Your blog is a wealth of info; thank you for all the work you’ve put into both the blog itself and your efforts in answering all the questions.

    Please can I ask for clarification on visa conditions once an application is made? I’m a Brit in Aus currently, coming towards the end of my 3 month tourist visa. I met an Aus citizen while I was working overseas 6 months ago (though as far as I am aware we can only start counting evidence from when I got here just under 3 months ago). I am about to go overseas where I can apply for a WHV, then return. This will give us over a years worth of evidence, since we started from the day I got here (co-habitation, shared bank accounts, etc), plus, once in possession of a WHV, I will be able to contribute better financially.

    My questions are these: if we apply for a 820/801 visa before my WHV expires, what conditions will the BVA (I assume?) likely come with? The conditions of work with a WHV are 6 months max with one company, will this continue for the duration of the onshore partner visa waiting process?

    In connection, we fully intend to submit a “decision ready” application, but I’m aware that the waiting time may still be long. The conditions of a BVA will mean we won’t be able to travel overseas without good reason, ie not just for leisure or casual UK family visits. Since I’ll still be under 30, is it perhaps better to wait a little longer, get a second WHV (having been employed in regional Aus for at least 3 months on the 1st WHV) when my 1st is near expiry, and *then* submit a decision ready 820/801 so that I have almost a year on the WHV conditions (allowing travel, etc) before any BV kicks in? Or will the wait for a decision on our 820/801 probably be not too bad? Sorry, I’m aware the answer to this is partly a matter of our personal choices. It would be easier to not have to get regional work, since our together-ness evidence works considerably better when I stay with her in Melbourne, so I would rather not apply for the 2nd WHV unless it’s necessary to offset a maybe (?) equally long period on a BV with the same conditions plus added travel restrictions.

    Thank you for any advice you can offer.

    • Immigration Pty Ltd

      Eizzi
      You need to have a qualifying relationship. De facto = 12 month cohabitation so the WHV slove that for you. You can apply earlier if you are eligible to register your relationship.
      Yes you get a BVA and it will have basically the same conditions as your WHv. It is however a new visa so the 6 month thing starts again – weird but that’s good so for you.
      A decison ready application for 820 can be processed by DIAC in less than 2 weeks but only if it is actaully decison ready. Close enough does not count and you end up in the wait for 12 months pile.
      Most of our Partner applicanats never get onto the BVA as the 820 gets granted immediately. However not everyone an be decision ready for many reasons, pregnancy, odd hard to get non resident police checks, problems with medicals that have to be followed by by specialist doctores etc etc…
      The BVB thing is not nearlya s dramatic as it sounds. Most reasions are valid but again it’s all academic if you can get the 820 quickly.
      Grant Williams

      • Thank you. Another year of being able to work is a goodI worked for a travel company, travelling all over Africa and S.America for the last 2.5 years (though moving around and never more than 2 months in any one country each visit), so I’m wondering if that will cause problems with being decision ready for police or medical checks… Will have to see what they require, I suppose. Thanks again!

  38. Hi Grant,

    I just found this website today and I’m feeling very lucky to have done so!
    My Partner and I have been in a relationship for over 2 years, we registered our relationship in December 2011. We used a migration agent to lodge the application which has been lodged just yesterday. The application is still missing 2(out of 3) police checks. I an now waiting for one from FBI which takes so long to process. I just have 2 questions to ask you here, my migration agent said, we can lodge the application now and when the rest of the document comes, he can then ask to be a decision ready case for a quick process. Is he able to do so? Im worried that even if he could do so, he might not because i will then have to use his service for applying for bridging visa b and work permit (due to financial hardship). Am I worried too much?
    Thank you so so much for your answer and all the work you’ve done.

    Anita

    • Immigration Pty Ltd

      Anita
      First question – well that’s a new one on me. As far as I know you’re either decision ready at time of application or your not. Missing police checks is almost decison ready????
      Well the application has been loged so that door is already closed I’d say.
      Push him to try but be ready for an average processing time wait on a BVA. I hope not!
      Grant Williams

  39. Hi Grant,
    I have heard that the sponser for visa 309 Offshore does not need to show financial income proof anymore. what matters is whether the relationship is genuine or not. Is that right?

    My wife is in India. If I want to lodge visa for my spouse, is it advisable to lodge through agent in India or using an australian lawyer or agent to lodge 309 offshore spouse visa in india will make my processing faster?

    Thanks a lot in advance.

    • Immigration Pty Ltd

      Manan
      No that is not true. All sponsors are required to show evidence that they have financial capacity to support their partner and that is regarded as employment or profitable self employment or DIAC will formally request an Assurance of Support (AOS) within Australia.
      It is a major mistake to use an India agent. If your plan was to migrate to India then yes use an Indian agent if you want to go to Canada use a canadian agent – common sense. Your sponsor is in Australia get them to engage a professional, competent and well recommented local registered migration agent to help in the preparation of your application. Yes that will assist greatly in minimising the processing time in New Delhi.\Grant Williams

  40. Hi sir m new to this form..really confused and upset..
    My husband got pr of Australia dis year.n I have applied for visitor visa for me and my son twice when my husband was on bridging visa..and both time it got refused as they refused it by saying that I dont have genuine reason to comeback.bt now as my husband got pr..we had applied for spouse visa offshore in april.bt processing time according to embassy is 7-8 months .so we had applied for tourist visa again in case we can b together…as such 15 days passed on..didn’t get any of the reply of visitor visa..what u think dis time as I have the genuine reason to come back as I had applied for spouse visa and to get that visa I have to comeback…vl embassy grant me visa or not.plz help me,,,
    Bharti..

    • Immigration Pty Ltd

      Bharti
      Immigration do not give Visitor visa to dependants of applicants who are Bridging visas.
      Generally they do not give Visitor visas to appliants for an offshore Partner visa either.
      I doubt you will be successful unless there are very special circumstances like an emergency or serious illness.
      Grant Williams

      • Thank u sir for the reply…as u said they can’t give visitor visa…I need to know one thing..as I had applied it for three times..vl it effect my spouse visa application in any way…??? Sir one thing more I need to know..I had applied for my spouse visa in April..I had applied it myself only..I got a confirmation mail that my applications has been received by embassy..bt after that I didn’t get any of d mail ..I really want to know..how long it vl Tk to have my spouse visa..as I had applied it offshore …when I vl get co…??? Sir one thing more to ask..when my husband applied for pr he was single..thn after marriage he added my name in application n when our son born..he again added our son name to the application..thn dis year when my husbands pr file opened they ask for mine n my sons medical nd my police check..bt when they granted PR..they granted it to my husband only..I can understand as my hubby is d main applicant bt as such he added our names manually in his application as secondary applicants..thn we didn’t get PR together..and moreover they ask for medicals n police check..we that v vl get it together…bt we didn’t…can u tell me wt can b the reason??

      • Immigration Pty Ltd

        For these PR applications you cannot add applicants after lodgement. This means you were non-migrating members of his family unit and as such DIAC require medicals etc.. Not sure why they asked for the police check – that seems incorrect. Off shore Partner applications are taking around 12 months to be allocated and processed. Refused Visitor visa applications will have no affect on your partner application. Grant Williams

  41. Hi sir i applied 487 visa for albury state sponsership in 2009 september.i got married in australia 17th june2010 with student ,i add my husband in my 485 visa,after when my 485 finished he went back to india. now i am waiting to my file opened. when my visa granted can i appy for my husband to join me.how long it will take to grant .he already stay with me in australia 1 and half year. we have australian marriage cerificate .is it will make adifferance to process his applycation process quicker…… plzzzzzz reply.i appied my 487 before marriage.

    • Immigration Pty Ltd

      Have you added your husband onto the 487 application? As marriage is after application try updating the info before it is processed. Yes you can make an application for him to be given a visa after it’s granted as well.
      No idea how long it will tkae Sorry.
      Grant Williams

  42. Hello grant,
    I would like to thank you first of all
    My question is I have applied my partner visa on July 2010 and I have got TR on July 2011 now we have for 1 kid 7 month old
    Is there any chance I can get pr soon
    Normally when I can get pr do I need to wait for 2 year after granted my TR
    Or 2 year of lodged the application.
    Thanks you very much
    Sunny

  43. Hi. I am John. I want to know about the new rules of UK student Visa in 2012. I want to know whether a person can do a job while studying or not?

  44. Im an Irish registered nurse and my four year sponsorship visa expires in November. I am applying for a defacto visa with my Australian partner of two and a half years. Would I be given priority processing because I am a registered nurse? And can you only apply for a “decision ready” application if you go through an agent? As I plan to apply without one. I would be hugely grateful if you could reply to this. My stress levels are through the roof! Thanks so much.

    • Immigration Pty Ltd

      Paula
      All partner applicants are treated equally so no you will get no priority as a nurse.
      Anyone can lodge a decision ready application. The only trick is actually knowing exactly what decision ready means and then giving all the required info to DIAC. I guess that’s one of the things good registered migration agents do.
      Grant Williams

  45. I have just started writing out my statutory declaration for my offshore 309/100 partner visa. My partner and I are apply from Canada. So far my declaration is on normal paper, and is two pages. What do I have to add to this aside from a lawyers signature to make this a certified Statutory Declaration. When looking at the Australia version it starts with “I make the following declaration under the Statutory Declarations Act 1959″ and continues to mention the Act 1959 again. If applying and writing my declaration in Canada is there a different form for that? I am a bit confused on how I go about composing this declaration in another country.
    Any help would be greatly appreciated.
    Thank you,
    Tara

    • Immigration Pty Ltd

      Tara Use an Australian Commonwealth Statutory Declaration. Google it and download. get it signed infront of a Canadian lawyer. It will be fine.

      Commonwealth of Australia STATUTORY DECLARATION Statutory …
      http://www.ag.gov.au/Documents/StatutoryDeclaration200602.pdf
      File Format: PDF/Adobe Acrobat – Quick View
      Commonwealth of Australia. STATUTORY DECLARATION. Statutory Declarations Act 1959. 1 Insert the name, address and occupation of person making …
      Grant Williams

  46. Thank you Grant, you have been so helpful. One more thing. I want to have my application as decision ready as possible, am I able to do my medicals around the same time I send in my application and have that sent in right after? We have return flights to Australia for January so I want the best possible chance of being accepted by then if we apply end of July. I know some people to say to wait until immigration requests it, but if it helps any I would like to do it right away. What is your opinion?

    • Immigration Pty Ltd

      Tara The whole decision ready process does not apply in the same way as onshore for processing. Offshore posts move in a different world of their own. Currently almost impossible to do offshore medicals as the system now insists that you have a request letter from DIAC with a file number and the medical then goes direct to the o/seas post. Onshore medicals are easy and can therefore be lodged with the application. Grant Williams

  47. Hi Guys,

    Quick question.. I have recently applied for a Spouse visa.. sponsoring my Wife.. How do I notify of the change of Address of Sponsor?

    Thanks

  48. Hi,
    For gaining partner skill’s 5 points, is there a specification in partner’s field of work experience? Please advise.

    • Immigration Pty Ltd

      This is what DIAC says…simple Google search!

      Partner skills Five points can also be claimed for those where the primary applicants partner satisfies the threshold criteria for a visa. To claim partner points the primary applicants partner will need to meet the following criteria: be included on the same visa application as the primary applicant not be an Australian permanent resident or citizen be less than 50 years old at the time of application nominate an occupation on the same SOL as the primary applicant, and be assessed by the relevant assessing authority as having suitable skills for the occupation have competent English have been employed in a skilled occupation for at least 12 months in the 24 months before the application is lodged, or completed the Australian Study Requirement.

      Grant Williams

  49. Hi Grant,
    I just found out the website today and I’m feeling very lucky to have done so.
    My partner and I have been married since July 2010,we registered our marriage same July 2010.We used an Australian registered migration agent to lodge our offshore application (Spouse visa 309) early first week of May 2011.My migration agent said,he was going to inform us if the DIAC acknowledge receipt of our application but still then we haven’t heard from him to know if the immigration department had acknowledge receipt of our application or not. Before applying for my spouse visa,I had applied for visitors visa in 2011 which wasn’t granted reason being i didn’t prove enough funds.
    My partner and i have live together for 7months before she lift for Australia for her job but she has always been up and down often when she gets the list opportunity that will permit us be together to live a normal happy couple life like any other married couples. It becomes very difficult being apart from my wife as days pass-by and now I’m just
    so worried if everything is going to be alright with my application and the waiting period as my application has already been lodge offshore in Nairobi,Kenya.
    Please Advise!

    • Immigration Pty Ltd

      Dear Jules
      Who is your agent? This person is obliged to give you all relevant correspondence and DIAC letters. If the application was lodged you should have got a letter in the weeks following with a file number. 309/100 applications are taking around 12 months especially in Nairobi. You should hear soon. Have you attempted to contact the Nairobi office? Where does your partner live?
      Grant Williams

  50. Thanks Grant.Haven’t tried to contact the Nairobi Office as yet as I believe my agent from the Australian immigration and Citizenship Law Advisers stands for every correspondence in my case.My partner presently live and work in Perth.
    OMG,12months.but i was told it will take about 4-5months or even earlier depending on the load of work at the Nairobi Office.

    • Immigration Pty Ltd

      That was never going to happen. They have not been granting o/s non European visas in that time frame fro a very long time – years and years. Yes the agent is your point of contact with the o/s post. So kick them and get them to make an enquiry. You’re the client and you’re paying the bill. Grant Williams

  51. Thanks very much Grant.I guess i should contact them asap.And again,what if i apply for a visitors visa.Most i secure a bond of Ten Thousand Dollars before being granted a Visitor visa.Because I will definitely be looking at the visitors visa if my application will be taking that long.Just worried about this bond of a thing.
    pleas advise!!

    • Immigration Pty Ltd

      Jules It is most unlikely that you will be granted a VV as you have a partner application in the system. They will say no as they won’t see you as a genuine visitor. Grant Williams

  52. Thanks very much Grant. I now stand in the waiting list.

  53. Dear Grant,
    I saw your blog while I was doing search for some information about partner visa. I would be grateful to you if you could please give me your valuable advice. I am Australian permanent resident and married overseas in April and we have filed Partner temporary visa (subclass 309) application in May and waiting for case officer to be assigned. It’s been difficult for us to live apart and I am thinking to apply for her visitor visa. I have gone through most of the relevant information available on DIAC website and understand that case officer\DIAC must be informed about visitor visa while 309 is awaiting for processing. Could you please advice that is it ok to apply for visitor visa if yes then which one is best option
    1) Non sponsored visitor visa
    2) Sponsored visitor visa

    Thanks in advance for your help.

    • Immigration Pty Ltd

      Zia
      Very rare for DIAC to grant any sort of Visitor visa while a Partner application is being processed. You can apply of course but don’t hold out too much hope of success.
      Grant Williams

  54. hello Grant,

    I have been following the previous topics and thanks for your effor here. My case is little bit different. let me explain.
    i was married and had a daughter. but for the last 1.5 years we are living separated and my daughter is living with my wife. i want to lodge the GSM subclass 475 applicaion shortly but confused about the filling it. in case of selecting separated what documents i have to provide to DIAC? my wife is not agreed to sign any documents or go for medical and CC.

    thanks
    Hasan

    • Immigration Pty Ltd

      Hasan
      Too complicated for the Blog. You need to seek out proper professional advice and someone needs to look at all your paperwork before you do anything. These sort of situations are always difficult and delicate.
      Grant Williams

  55. Thank you very much Grant. I really appreciate the time you have given to my query.

    Kind Regards
    Zia

  56. Many thanks for your info Grant, appreciate your time
    All the best

  57. Hi Grant,

    My fiancé and I have been together for one year next month. I have flown to the Philippines twice to be with her. We are currently in the process of getting her passport. Because she is a Philippine citizen this puts her in the high risk category. So I’m not sure if my plans will work. Can you please advise if this will work?
    I’m planning to marry my fiancé in January. If she applies for a visitor visa say in November. By the time I fly there and marry her, the visitor visa should be approved. Then we can come back to Australia as a married couple. From there we can apply for a “decision ready” onshore partner visa. And crossing our fingers it will be approved before the visitor visa runs out. I also don’t know if we can apply for the partner visa while she is on a visitor visa.

    Many Thanks :)

    • Immigration Pty Ltd

      Carl
      It’s a “cunning plan” as the saying goes.I think it was Baldric who said it in Balckadder the BBC comedy series. However it is all built on two assumptions. !. She gets visitor visa and 2. That the visa she gets is open. That is it does not have condition 8503 No Further Stay which will prevent the onshore partner application. Most Philippines VVs have 8503. Those who have gone before you have really fouled the nest and DIAC assume everyone from there is trying to lodge an application in Australia when they arrive.
      Grant Williams

      • Thanks… I was just reading about the NFS condition :( What can I do to have her here with me. Can we consider other visas like WHV which has no NFS condition? Apart from that… I don’t know where to go from here. I want to apply in Australia so we can settle in Australia as a married couple. Also the processing of the partner visa will be much faster.

        Thanks mate :)

      • Immigration Pty Ltd

        Carl No WHV for Philippines. Basically the only way this can happen is if she gets a visa that does not have 8503. This is much easier said than done. The moment they know about the relationship there will be no chance of getting an open visa s they will expect you to apply offshore. Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: http://immigrationptyltd.wordpress.com

      • Thanks For your help Grant. By the looks of things we have to apply for the “prospective marriage visa” and wait at least another 6 months :( I don’t see any other option.

        Thanks mate :)

  58. Hi Grant!
    First of all I would like to say that your blog is great and it has helped me to understand things much better. It is very generous from you to dedicate your time to answering our questions. Here is my situation and questions: I have arrived in Australia last year on student visa which expires at end of July 2012. I am planning to apply for partner defacto visa next week. I have met my partner in September 2008 in my country when we started our long distance relationship. He visited me 5-6 times during 2009 (can be proved by photos and passport stamps), I have visited him in Australia at end of 2009 for 3 weeks ( can be proved by photos and passport stamps), he came in 2010 for a holiday again to my country and stayed with me for 5 months (passport stamps, photos, but no rent lease/no proof of sharing household). I feel that we became defacto partners in that period as we seriously started planning our future together and we lived together. When he left for Australia we decided we need to find a way to get me there and we found out about student visa option. That seemed the easiest, so after being 8 months apart and going through process of passing IELTS, applying to study at TAFE and getting a visa I finally arrived to WA in July 2011 and we have been living together since then (we have all rental lease together and many other things to confirm it). Also we have evidence of communication since the day we met during the periods when we were away from each other (skype, email, phone bills). Our visa application will be decision ready when we lodge it, as I have all documents prepared.
    My questions are:
    Firstly, should I be claiming that period of 5 months in my country as a start of our defacto relationship, although I don’t have any proof for that? In our hearts we felt like defacto then, but there is just not enough evidence as we rented a place just through oral agreement with landlords and we don’t have any post, bills or anything, just photos of us.
    Secondly, if I claim that start of our defacto relationship is from the moment I have arrived to Australia in July 2011, do I need to wait 365 days from that day to put my application in? Can my application be refused because it is not exactly 12 months of living together, but for example 11 months and 7 days? How strict are they about this?
    Finally, I am planning to apply for bridging visa B at the same moment when I lodge my application because I want to travel to my country. Is it possible to apply for it at the same time of lodging application and do you think that these are substantial reasons for travelling: I have flight ticket which expires and I want to use it, as I won’t be able to afford another one, I need to do some dental works as dentists in Australia are very expensive and it is free for me in my country and one of my extended family members have been very sick lately and I would like to see him? Also how long does it usually take them to decide on bridging visa B?
    Thank you for your time. Ana

    • Immigration Pty Ltd

      Ana
      Yes you can claim the 5 months.
      However if you don’t have any proof that will be difficult as this assessment is on paper and they want proof.
      12 months is 365 days so yes if you don’t meet the 12 month requirement they will refuse the application. This is complicated by the 5 months + 8 months apart so evidence will be important.
      No you cannot apply for a BVB at the same time. They must first receipt your application and then grant a BVA. Then you are eligible to apply for a BVB. If however your appication is decision ready they may not grant the BVB as they may well process your application in a few weeks and they will not want you to be o/s when they are ready to grant.
      Stick to yhr very sick relative as your travel reason.
      Grant Willa=iams

  59. Hi Grant, thank you very much for your answer. Just to clarifiy: are you saying that the fact that we have been living together 353 days instead of 365 days at the moment when I lodge my application is enough reason for them to refuse me? Can I escape from this by simply not puting exact date in application question 69 (when did you begin defacto relationship) and putting a month instead, as sometimes it is hard to define those exact moments. According to first of frequently asked question on fact sheet 35 ( http://www.immi.gov.au/media/fact-sheets/35relationship.htm) I have understood that application can be lodged before 12 months, but won’t be approved before we reach those 12 months…thank you once again! Ana

    • Immigration Pty Ltd

      Ana Yes 12 months is 365 or in the case of 2012 366 days. This is in the legislation it is an absolute. No it asks for dd/mm/yyyy and if you don’t know that daye it will be seen as evidence you don’t even know when you began your relationship and you don’t what them thinking that way. No that is not correct you are misunderstanding what they are saying. On that basis you could lodge after 1 day and they’d wait 364 days. Won’t happen. You can’t get around this!

      Grant Williams

  60. Dear Grant,Glad to see ur blog, I hope u can give me an advice.. I submitted my application Spouse Visa 309 offshore here in Philippines last April 20,my husband is Australian. I have 3 children. My daughter and twin sons. I included my 3y.o daughter from previous relationship to my application, shes in my full custody as no father’s name not even signature of his father in her birth-certificate.. Im a bit confused about my twin sons
    7 y.o theyre in the care of my ex-partner,since theyre in 8months old..In other words, i nver see them for almost 6 and 1/2 years and not even dependants on me.. so it my question is
    does the “non-dependent minor child” stil need to go for medical examination when they know theyre not migrating w me and not dependent on me and i dont have firm plan to do in the future as I dont know where they living w their father now.. Pls enlighten me..
    -Roxy

  61. i dunno if i explain my question clearly..
    I have 7 y.o twins from ex-partner-A (we both have legal custody)
    -not dependants and not living w me since 8months old to present
    -not migrating w me
    -no firm plan to do in the future as their father already told me that
    he wont let the twins to migrate.
    -not included in my application

    I have 3 y.o daughter from ex-partner-B (My full custody)
    -dependant on me and living w me since birth
    -migrating w me
    -included in my application

    QUESTION:
    1.Does the “non-dependent minor child” still need to go for medical examination?

    I dunno where they (the 7 y.o twins) live w their father for almost 6 and 1/2 years now not even see them or not in my care..

    Hope u can enlighten me..Thanks in advance

    -Roxy

    • Immigration Pty Ltd

      Roxy the short answer is yes. You’ve got to declare them and they must have a medical. There are reasons for this in law but briefly if one member of a family unit fails a medical then the application for all can be refused. This stops people leaving out a child with a serious medical condition then getting PR and then trying to bring the child later. Also I’ve seen instances (twice in the last 3 years) where children who have not mugrated have been orphaned and the surviving Aust parent then wants to bring them here.
      GFrant Williams

      • hi grant, u enlighten me so much..i already had medical of me and my daughter ( the 1 that dependent and migrating w me) last April,2012..

        but not my twin sons yet..i declared their names on my 47sp form and DIAC sent mine, my daughter and twins HAP ID to show in Panel Doctor last April 2012, but as i said i just done only mine and my daughter medical but not my twins as i thought DIAC can waived their medical examination because theyre not in my care and non-dependent .

        as of now June 2012, i never hear from Immigration yet not even ask me why only have daughter med.exam and no twins medical examination.

        but since i trust ur advice, i feel starting to find my twins to have their medical exam done..

        my Question :
        Wud that be still ok if i will do my twins medical exam this June 2012? when i know Immigration asked that medical exam last April 2012..

        Do they still accept my twins med.result even its already June 2012?

        Thanks Grant w all my heart.

      • Immigration Pty Ltd

        Roxy I’m sure doing the medicals now will be fine. Grant Williams

  62. How much time it will take to get a visa after case gone for final decision.

  63. Hi Grant,

    Firstly, thanks for this blog – I don’t know what we’d do without the reassurances!! I have two questions for you; My partner and I have an issue whilst filling out Form 80 for his 820/801 Visa. Page 8 asks for his current Working Holiday Visa number in the form ‘Visa Number V _ _ _< _ _ _ _ _ _ _ _' but the number he has on his emailed approval is a 10 digit Visa Grant Number with no V at the start or < in between it. He also wasn't given a sticker in his passport with the number on it. If we call DIAC will they be able to provide us with this information or is there another alternative?

    Secondly; we began our de facto relationship on 31 Dec 2010 and due to his work commitments (of which we have a letter from his company explaining) and my study commitments here in Australia, we were unable to physically live together until Dec 2011 (there was a 3 week visit in between). Throughout that year apart we have proof of our commitment to building and planning a long term life together. As soon as he was able to move here, he did and since then we have joint-everythings… I understand that there is an exception to the 12 month rule in special circumstances. How heavy is this burden of proof? We have the letter from his company as well as my university enrollment/degree along with all the other personal emails, contact proof etc. Can you suggest other means of proving this?

    Thanks in advance!! Kavita and Tom!

    • Immigration Pty Ltd

      Kavita
      Write the grant number in by hand and initial the the change. DIAC already know the visa number.
      The 12 month waiver is difficult – compelling and compassionate reasons – I don’t like your chances if that’s all you’ve got.
      Grant Williams

  64. Hi Grant iv anotha worry its about my Australian husband AFP
    his AFP Cert. is 5 pages, yes heaps offences from 1984-2007 but mostly are just traffic offence and some small offence that makes the pages long, theres some jail time but the longest one was 3months in Jail..
    Ur right He was a naughty-big-kid b4 but never had any child or sexual offence.

    look all offences ended/stopped since year 2007.. then after that no more record and its clean til now year 2012..and he has continous work since 2007 to present..
    my Question:
    Do i have to worry?

    This waiting game makes me feel really stress .pls help thanks Grant

  65. Peterze Rohan

    Peter
    Hi! Grant, I 60 years old retired from middle east offshore oil rig. 15 yeas ago I divorced and never married. My ex-wife re-married an Australian and lived there. Six months ago I met her agin in our country and, she told me she seperated her husband because he was cruel and she wanted to renew our relationship again and also wants to take me to Australia permanantly.

    appear to be our relationship again growing and I like to go with her and live together whatever remaining time of my life. My question is since I’m 60+ person and she is 52 what is the possibility of getting PR for me. And do you think I have to meet a migrant agent?

    • Immigration Pty Ltd

      Peterez
      There is no age limitation on Partner applications.
      Given your relationship history yes I’d be getting some good professional help to prepare and lodge your application so that you are sure youy have all the criteria covered to make sure your realtionship qualifies and you have enough proof that it is genuine.
      Grant Williams

  66. Thanks Grant. We’ll definitely consider what you’ve noted. Is there a Migration Agent down here in Melbourne that you would recommend?

    Thanks

    • Immigration Pty Ltd

      Sorry we do not do recommendations as we cannot control what they do and we don’t want you coming back to us if something goes wrong. Sorry. See if you can find someone that others have recommended. Ask about success rates and experience. Grant Williams

  67. This is unrelated to the last comments just wanted to give an update my wife applied 19th December in Bangkok for 309 she will get her vIsa on Friday 22 June (6months) YAHOO. The crazy part is last week I was offered a fantastic job in Bangkok

  68. Grant, Thanks alot for ur good deeds. -Roxy

  69. Hi Grant,
    My partner already lodged Partnet 309 visa and still in process. Is it possible to apply tourist visa and come to Australia . will there be any delay in processing the 309 visa if we apply for Tourist visa. Can we have the medicals done in Australia.
    Kindly let us know. Thanks
    Rajeev

  70. Hi Grant, Appreciate your blog. It was really helpful.
    My questions- My hubby resides in India and has never been to Australia before. We are about to apply for his (spouse) visa. I was told that the processing time if he applies in New Delhi is different from when he sends his application to Australia. Is that true? If yes, can you please advice which is quicker?

    • Immigration Pty Ltd

      Lee He can only apply in India. You cannot apply here as he is not here. Processing time will be 9 to 12 months.
      Grant Williams

  71. Hi Grant,
    Is it possible to apply for Family sponsored Visa while the Partner Visa is in progress.
    Thanks
    Rajeev

    • Immigration Pty Ltd

      Rajeev.
      What sort of family sponsored visa?
      Grant Williams

      • Hi Grant,
        it is Sponsored Family Visitor visa (Subclass 679) or Tourist visa (Subclass 676). I am planning to lodge either one of the visa.
        My partner already lodged Partnet 309 visa and still in process. Is it possible to apply one of the above visas and come to Australia . will there be any delay in processing the 309 visa if we apply for any one of the visa. Can we have the medicals done in Australia.
        Kindly let us know. Thanks
        Rajeev

      • Immigration Pty Ltd

        Rajeev Generally they will not grant a VV of any sort once you’ve lodgeda 309/100 Partner application. Policy not to do this unless there is a major emergency. Grant Williams

  72. Hi Grant i have been reading your clients questions above relating to visas onshore and offshore,partner visiting visas etc.I myself have been in a relationship over 12 months and recently married here in Australia with my Indonesian wife.We are both applying for partner visa temp and we have registered our marriage certificate here in Indonesian embassy in Australia.I see that the minimum wait on this application offshore will be 12 months.The fact that i married her in Australia here on a tourist visa is the reason we cant apply onshore,and i see now that i have should considered the fiance visa first,but had financial problems for the cost of this visa at the time.I have all documents ready photos receipts witness etc.How would you see my case going relating too THE DECISION READY OUTCOME if so can i get her over here in Australia with me while waiting for our application?,cause i know now i’m going to have to wait.Thanks for reading your opinion would be great help Kind regards
    Ryan

    • Immigration Pty Ltd

      Ryan
      The whole decision ready thing does not really apply to offshore applications. They take their own sweet time to process them all over the world. I can’t really see why a perfect application in Sydney can take less tha 1 week but it takes 12 months with exactly the same application offshore. Unfortunately tha’s how it is.
      Grant Williams

  73. Hi Grant,
    My partner and I are just seeking some clarity on the partner visa. I am Australian and he is French, we met in Australia while he was on a working holiday visa. Unfortunately his visa could not be extended and work sponsorship wasn\’t an option so I applied for a UK working visa and we moved to the UK together for two years. We are hoping to settle back in Australia and are wondering about the best way to do this legally. I am just a tad unsure about the offshore and onshore options. Obviously the thought of being apart for 12 months is horrible and we are looking for a way to minimise the time apart as much as possible. We have been together over 12 months now and although we don\’t plan to go back to AUs until 2014 I want to get my head around what I need to do (and start saving $$).

    Basically I am wondering whether we can apply offshore in the UK together and await the decision? My work has agreed to sponsor me after my visa runs out so it will not be an issue at the end. I know it is possible to apply offshore but I am just wondering about whether the fact that I will not be living in Aus at the time of application will be an issue. I have heard mixed information from friends who have been down the partner visa path and one in particular said that it they did not have a problem with the fact that he (the sponsor) was not be employed in Aus and didn’t have an address at the time of application (he was working in the UK and had been for over 12 months). Basically if this is a problem is it possible for my parents to act as the sponsor? They have said they are more than happy to (I think they secretly miss us and just want us to come home).

    The other thing I wanted to clear up is around onshore applications. I have read on a few blogs of people coming to the country on a holiday visa and then lodging an application. Is this legal? It seems quite dodgy to me. Finally, I just wanted to check about the Prospective Marriage Visa.I am not sure why people would apply for this is they still are required to apply for the partner visa once they are married. Is there a shorter waiting period or something i have missed on the immi website? Any technical information would be greatly appreciated.

    Thanks Y

    • Immigration Pty Ltd

      Yolande
      Your parents cannot sponsor your partner.
      You can apply offshore. His visa will be granted and then you can come to Australia. They will give him a time that he must enter by – usually a couple of pmonths and the visa only becomes active when he first arrives. Basically you’d be saying yu are planning to live permanently in Australia or at least till he gets PR.
      I’d say come to Australia on an ETA and make an onshore application when you’re ready. Just make sure you have piles of proof of your realtionship to show you share everything and have been living together o/s before you arrive. He will get an unrestricted ETA.
      GRant Williams

  74. Hi Grant,

    Thank you for your response. Just to clarify, would there be an issue with applying offshore while I am out of Australia and not working there? I will be working in the UK but not be able to provide evidence of a job in Australia. I had accommodation with my parents for as long as required though so I could provide that address. The other plus with applying from the Uk (if it is likely our application will be granted) is that we can both continue to work as I am guessing that he will be unable to work in Australia until the partner visa is granted.

    We have been collecting proof since very early on in our relationship (after being warned by friends to do so) so this should not be an issue and we have proof of living together in Australia as well as he UK. Also, what do you mean by unrestricted ETA?

    Thanks

    • Immigration Pty Ltd

      Yolande No it’s not an issue provided you intend to reside in Australia. An unrestricted ETA is a an electronic visa without a condition that prevents an onshore application (8503 – No Further Stay) It really all comes down to managing the story you are telling to the Aust Embassy if you are applying in UK. Once you’re in Aust it’s very simple. Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: http://immigrationptyltd.wordpress.com

  75. Thanks Grant. So so so helpful. Not sure which option we will go for but it’s great to know they are both on the table.
    Cheers

  76. Hi Grant,
    Thank you for the useful information you provide here. I am planning to apply for the de facto visa onshore. I am a Turkish citizen currently on a student visa and my course will finish in early December 2012 even though my visa is valid till 30 March 2013. My partner and I have been in a relationship for over a year but the cohabitation period we can prove on paper is less than a year so we are planning to register our relationship. My partner and I are planning to travel overseas at the end of the year. My question is in two parts.

    Firstly, when exactly will the transitional BVA visa come into force (i.e. will my student visa expire when my classes finish in December 2012 or in March 2013 as per the date on the visa)?

    Secondly, if my student visa expires in December 2012, how far in advance should I apply for a BVB in order to ensure that I have this visa by the time I wish to travel?

    Thanks for all your assistance.

    • Immigration Pty Ltd

      Ece
      Your BVA comes into force when you Student visa expires on 30 March 2013. It is not determined by when you finish your studies. The Student visa has an expiry date.
      Youi can only apply for a BVB once your BVA becomes active after 30 March 2013.
      Grant Williams

  77. Thanks for that Grant.

  78. Hi Grant,
    I think your blog is great. I just received my partner temporary residence 820 last month after only 6 months of have logged my application my partner (Aussie) and I had a child last month and we have together 3 years in August. Can this make my Permanent Residence come through quicker?? I mean before October 2013??

    Thanks.

    Xavier

    • Immigration Pty Ltd

      Hi Xavier
      No you needed to meet the long-term realtionship test at time of application for your TR visa to go straight to PR.
      Grant Williams

  79. hi Grant , i have been taking notes from your blog for weeks now ,
    i was unlawful in australia from Aug 2007 to june 2012 , currently on a bridging VISA E,
    I applied for a Partner VISA ( Permenent residence ) , i am in a relationship with my girl friend of 4 years now. we have lived together for 2 years now ,

    for our future , i had to do the right thing , so i went to Immigration to be lawful in australia ,,

    so i am on Bridging Visa E , on departure grounds,
    but my INDIAN passport has expired and i can not get a new passport on Bridging Visa E from the Indian Consulate here in Sydney.

    I have applied for the Partner Visa ,
    will they change my Bridging Visa E to A, or anything,
    So i can apply for a new Passport.

    i am doing all this with out an migration agent ,

    thanks for all the information you have shared on this site ,

    cheers

    Rahul

    • Immigration Pty Ltd

      Rahul
      No you cannot go from a BVE to any other BV.
      You can get a new passport from the IHC here.
      You need to approach DIAC about the passport issue and see what they are prepared to do. They may extend your BVE for a short time to allow the issue of a travel document.
      However if you have lodged an onshore Partner application you should be able to remain in Australia while they process your application. I doubt they will give you work rights though as you’d signed up to depart and then did something else.
      You should get some help with all this as it is more complicated than you think and you are out of your depth.
      Grant Williams

  80. HI Grant,
    I have applied for my TR visa, and am currently on Bridging visa. I am not married at this time but planning to do in coming november. Can i bring my partner along or little later while i’m on the same bridging visa? I have lodged my application in feb 2012.
    Your reply would be greatly appreciated.

    Thanks

    • Immigration Pty Ltd

      Vick
      You will need to get your TR before applying for a partner to join you.
      Grant Williams

      • Hi Grant, thanks for your quick response.
        I got that. Is there any other way like Visitor Visa, tourist visa?
        So I can apply a visitor or tourist visa, so that my partner can come.
        Thanks
        Vick

      • Immigration Pty Ltd

        Vick Yes you can apply but you must disclose the relationship at this point or when you apply later they will say you lied to them. As soon as you disclose the relationship they will not grant a visa and as I have already told you therefore you will need to wait until you get the 485. You don’t have a partner to bring right now so just be patient. Grant Williams

  81. Dear Grant,
    I was looking for some information online and i feel very lucky to find your blog, i am planning to apply for a partner visa but i was checking that my partner needs to show that he has been working for the last 2 years, unfortunately, he was changing jobs all the time… and he is working in his current job for only 1 month… in this case, what can we do? can he still sponsor me?

    thank you very much

    Samantha

  82. HI GRANT
    Dear Grant,Glad to see ur blog, I hope u can give me an advice
    I M AN AUSTRALIAN CITIZEN. I RECENTLY GOT MARRIED WITH AN INDIAN GIRL IN FEB 2012. AFTER THAT IN MAY WE APPLIED FOR HER PARTNER VISA 309/100 THEY TOLD US ITS GONNA TAKE TIME ABOUT 7 TO 8 MONTHS. THEN SOMEBODY TOLD ME WE CAN APPLY TOURIST VISA. WE APPLIED IT AND GOT REFUSED.
    I HAVE A TWO QUESTIONS:-
    THEY GIVEN A REASON ABOUT MY WIFE IS NOT WORKING AND THEY R NOT SURE THAT SHE WILL GO BACK, BUT I PROVIDE THEM MY LAST THREE YEARS TAX RETURNS AND I TOLD THEM I M GONNA PAY FOR ALL HER EXPENSES, AND SHE ALREADY APPLIED FOR PERMANENT VISA THEN WHY SHE WILL NOT GO BACK, CAN U SUGGEST SHOULD I APPEAL FOR IT AND REAPPLY HER VISA.
    SECOND SHE GOT REFUSAL FOR HER TOURIST VISA DOSE IT WILL MAKE ANY EFFECT ON HER 309/100 APPLICATION
    THANX
    AJAY

    • Immigration Pty Ltd

      Ajay
      Immigration will not grant a Tourist visa to an applicant who has an active Offshore Partner application. So don’t waste your time and money reapplying.
      No the refusal will have no impact on your Partner application.
      Grant Williams

    • Immigration Pty Ltd

      Away
      Immigration will not grant a Tourist visa to an applicant who has an active Offshore Partner application. So don’t waste your time and money reapplying.
      No the refusal will have no impact on your Partner application.
      Grant Williams

  83. hi grant
    nice to see u giving proper advise
    i am an australian citizen from april 2009, i got married in india on april 15 and stayed there till jun 16.i have applied for partner visa for my wife on 5th june. i heard the good news that my wife is pregent, what will happen with here visa at this time….
    thanks
    siva

    • Immigration Pty Ltd

      Siva
      You cannot get a partner visa without a medical examination. Your wife cannot have a medical until after the birth of your child so you need to tell visa section she is pregnant when they get around to requesting her medical. Could well be the child will be born before that happens anyway.
      Grant Wiliams

  84. Hi Grant,
    I am goint to apply for a partner visa in August. My partner and I are together now for 2 years. We are also living together for 2,5 years. My question is, can I leave Australia once I have applied for a partner visa from Australia. I might have to leave Australia for a few month because I know it can take up to 12 month until it is aproved. I will have problems to get a job while I am on a bridging visa. So I would like to go back to Europe for a few month. Would that be possible? Or should I leave Australia and apply from Europe for a partner visa?
    Thanks Grant!
    Helen

    • Immigration Pty Ltd

      Helen
      If you apply here you can get a BVB to allow you to travel. Generally this is a short term visa and you need to be here for your partner visa to be granted to you. You can apply offshore as well. Really up to you. If you can lodge a perfect application it may only take weeks to be processed and granted. Worth a thought. Perhaps get some help from a good agent and the problem will be solved simply.
      Grant Williams

  85. Hi Grant
    I would like to tahnk you for providing such a valuable information on your blog which is priceless and I have had a lot of questions while I was preparing for de facto partner visa (onshore 801/820), but many of them were solved after I read your post and threads here.

    My partner and I went to see a legal advisor last year and the lawyer said due to our age gap ( I am 29 and he is 50), it was highly likely that the Immigration would question about if the relationship was genuine.

    To solve this part, I am trying to get Statutory Declaration (Form 888) from my ex- boyfriend, who is now 57 years old. But the problem is, he actually haven’t met my current partner before, but the ex boyfriend knew about the existence and history about our relationship as I informed him from the start about my relationship. Will he still be able to write the Statutory Declaration?

    • Immigration Pty Ltd

      Karl
      I do not agree with this advice. Plenty of people have relationships with an age gap like this. You just need to provide comprehensive documents to prove the application is genuine. I do not really think an ex partner is the best one to be giving declarations about a current relationship. I re-think this strategy. Get better help!
      Grant Williams

  86. Hi, Grant. Here is Karl again.
    I have one more question.
    With onshore partner visa application (820/801), once the application is lodged, the process I understood is;
    i) the application sits and waits in the pool of all other applications on the waiting list
    ii) then, it is picked up by a case officer for a review and full assessment

    As partner visa goes through two stages (TR->PR), is TR granted between the process i) and ii) or totally after ii)? Because I have noticed one case that TR (onshore application) was given after 3 months, and the other case that TR was granted after 7months. I thought that it normally takes one year to get TR since the initial application.

    And I wonder if the Immigration notifies the applicant once a case officer is allocated?
    I would truly appreciate your answer. Thank you.

    • Immigration Pty Ltd

      Karl
      You have it a little confused and you are confusing two aspects of the application.
      1. You apply and if the application is decision ready (perfect) it can be granted in a few weeks. If it is less than perfect – things missing or Immigration has doubts for some reason then it hits the queue and eventually gets a Case Officer who will notify you and ask for whatever is still required. At time of receipting of the initial application a Bridging Visa sis granted to keep an applicant legal once whatever visa they hold at application expires.
      2. Once assessed the TR visa is granted (or refused). Two years after a 820 grant they ask for more info in a formal way by sending you a PR application pack. You respond and PR gets granted.
      Grant Williams

  87. thanks for u r help
    grant

  88. Hi Grant,

    Your blog is great. I am holding a Australian PR visa. I got married to my partner.. Both of us are in India and are working in India. We would like to move to Australia. Is it ok if I sponsor for my partner to migrate by staying in India? Or is it better to move to Australia by taking my wife on tourist visa and then file her visa application there? What evidence do I need to show for the sponsorship since I get my salary in indian rupees?

    thanks
    Vijay

    • Immigration Pty Ltd

      Vijay
      You can apply while in India but you’d be telling them you were migrating to Aust and they’d give you only a few months to make that move before the visa granted would lapse.
      A visitor visa will probably have condition 8503 on it which will prevent an onshore application – typical from India.
      Evidence of your Indian salary and employment is fine however you will need to show perhaps savings to allow them to consis
      Der that you can support yourself in Australia or they will request an Australian Assurance of Support from someone in Australia as a guarantor. Some sponsors move back first and then get employment and then apply this has the obvious disadvantage of being separated for quite a long time.
      Have you checked your 5 year Resident Return visa recently?

      Grant Williams

  89. Hi Mr Grant,im a filipina with aussie BF,I meet him online and he came to visit me for 10 days before im going their place in australia for 3months tourist visa,it means we stay only together for 10 days + 3 months,we’ve been for already more than 1 year but when i went there for tourist the imig. puting me ‘NO FURTHER STAY’ so there is no way to extend my visa to stay with him,but we still communicating online or by phone,Now we are thinking about whats visa is the esiest way and a bit faster for us to apply just to stay together forever,He is 4 years legally separeted and now he applying divorce but still need to wait the 3 months releasing.

    My question is,.. Can we apply fiancee visa while we are waiting his divorce to release? Or if we applying defacto visa,did you think the imig.will grant me? I have 3 kids but they are not under age anymore and they dont want to come with me,but under the law it says still my kids needs medical and im worrying about that coz my one son had a health problem that may can affect my application if i choose defacto,

    Could you please give me advice if whats the best for me please…? Im very much happy to see your forum,these is really very helpful for those people like me who seeking a good advice,thank you so much!

    • Immigration Pty Ltd

      Amy
      No you cannot apply for a Prospective Marriage / Fiancé visa until he is fully divorced.
      Given what you say I would think a partner application lodged now will struggle to get approved.
      Yes all non migrating children who could possibly lodge a subsequent Child migration application will need a medical. However if they are either over 18 and working or no longer at home or over 25 the medical will not be requested.
      I’d suggest you wait until the divorce is finalized and then apply for Fiancé. However what’s your marital status as you have kids and there is no divorce in the Philippines. You’ll need to be annulled or widowed or have a decree of presumptive death for any ex husband. Very few de facto relationships in the Philippines!
      Grant Williams

      • Hi Grant,im very appreciated for your kindly reply,honestly im a christian and converted to muslim, i applied divorce under muslim law and hoping to be done before end of this month as they said., so did you think this issue is not a problem when im applying fiancee visa? because my fiancee to be is an australian citezen christian and im worrying to be questioning by immig.,did you think the immig dont mind about religion? and how long does the fiancee visa procesing it takes? and does my childrens still need to sign in at the form 47A even they are not coming with me in australia?

        Thanks Heaps again;

        Sincerely,
        Amy

      • Immigration Pty Ltd

        Amy Religion is not an issue it’s a personal matter entirely. Fiance processing time depends on the quality of the application and on where it is lodged. So I can’t comment on the quality and you have not told me where you are. Don’t know the ages or work and marital status of your children so again I cannot comment without more info. Grant Williams

      • Hi Grant,Im here in Brunei for work for the future of my 3 childrens,Im here for 13years already and my childrens are in the philippines,My 2 sons ages 25 and 24 are both working already, and one of them is going overseas soon to work while my youngest age 18 still in the university of enginnering course,I have separeted for many years,I lefted my husband before because he hurt me phisically and emotionaly and no work,I lefted my childrens with him to care while im working abroad, but i am supporting all their financial needs until now,I visit my childrens ones a year and i just been there again in march to signing my husband and straight away file for divorce under muslim law.

        Now im just waiting my divorce to finalized this end of month,while my BF aussie waiting also for his divorce until 15 of sept.,We have a lot of evedence about us already and i just been australia for tourist from Dec. to Feb. to meet all his family members and some closed friends and of course to know more about him..,So,did you think this is enough to grant me the immig. for fiancee visa? or do i need more to go back again in australia for 3 months tourist visa before i can apply my fiancee visa? I had plan to go back again into the philippines to submit our documents once both our divorce of my bf will finalized on sept.,or maybe i just send them by post and i just go back there when its really needed.Is this okay?
        Thanks Heaps again Grant…really very appreciated your help.

        Sincerely;
        Amy

      • Immigration Pty Ltd

        Amy I think it would be a good idea if your Partner went to see an experienced Migration Agent to get some advice. No one can tell you if your application will be OK from this sort of partial information. There are issues to be sorted out her like your children, divorces and of course meeting the criteria for the TO 300 Prospective Marriage visa. It’s bets if he gets most of this sorted out in Australia and then the application will be a great deal easier. Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: http://immigrationptyltd.wordpress.com

      • Hi Grant, Once again thanks a lot to all the info, Yes! im telling to him everything already.

      • Hi Grant,i want to add about my kids,my eldest son is under graduated of medtech ( medical in technology) i stop him in his last quarter before because in that time i cant afford them all to support their studies,especially his course is very expensive,he cried a lots and doest like to stop but i dont we dont have a choice,my 2nd son is a graduated in business management in accounting and now working in the accounting company in the philippines,he is half scholar at school thats why he finish,while my youngest still in 2nd year civil enginnering coure at the moment and will be finish after 3 years more.My eldest son is now enjoying to his work in advertising modeling company at the moment,Now .Im happy for the fruits of all my sacrifices for them by now and wish to grant me as well in my fiancee visa.Im only a domestic helper here in brunei anyway,Thanks Heaps again…

        Amy

      • Hi Grant,
        First of all, thanks a lot for your blog, It’s really helpful.
        I have kind of a similar situation than Amy’s and wanted to ask you about this: I was married and my new boyfriend is the holder of the 457 visa in the couple, so we want to apply for a 457 for me sponsored by him –I am in Australia now just as a tourist, I am Spanish and he is English.
        I separated from my ex husband in Mar. 2012 but just in Jul. 2012 we signed a private agrement document of separation in front of a lawyer. Then, finally I got the divorce decree in Jan. 2013. In this divorce decree appears the private document we signed before as the “regulatory agreement”, and also includes the date we signed (july 2012). So, when can we have to start counting the 12-month period of co-habitation for applying as his de facto partner? Since we started living together (Oct. 2012) or since I got officially divorced?
        Thank you a lot
        By the way, he has called immigration office and he’s been told that we have to prove at least 6 months of living together. Has it changed lately? Thanks again

      • Immigration Pty Ltd

        Vane
        You count from the date you statred living together. No not changed latey the test for 457 and similar visas can be 6 months cohabitation. The 12 months is for Partner visas and many get this confused saying they are applying for partner when they mean as a secondary applicant on some visa like a 457.
        GW

  90. HI Grant,

    I am an Australia Citizen and got married with an Indonesian girl 6 years ago in Singapore (June 2006). We have 3 kids now and since then I have been residing in Indonesia and had never returned to Australia. As my wife is an Indonesian citizenship, and so my stay in Indonesia was sponsored by her. My question is, can I apply a PR for my wife while offshore? However, I have not been residing in Australia for the past 6 years, so I cannot give evidence of financial support if needed. Could you give advise what I can do to apply a PR for my wife and children while I am still here in Indonesia?

    Appreciates with any kinds of advice…

    Thank you.
    Josh

    • Immigration Pty Ltd

      Lena
      You can only apply for an Australian PR visa if you are intending to move to and reside in Australia.
      Grant Williams

  91. Hi i read all your answers of questions. Thank so much for helping other people.
    i am applying my Partner visa this week. i got married girl who is Australian Citizen. she lives in Adelaide. i live in Sydney. She is 20 years older than me. we have lots of pictures from different places .We have some pictures also where we are kissing to each other. we have all receipts from all the places we seen and dinner we had. we have family picture on lunch and after marriage dinner pictures as well. Her family member and friend came at marriage and they attended dinner as well with us.
    every day we talk more than one hour on mobile phone and we send three or four emails everyday to each other. Also we plain ticket for visiting to each other.
    Her parents wrote letter that they accept me as son in law. they invited us at lunch after marriage. we have pictures of this.
    will we have any problem for getting visa?

    • Immigration Pty Ltd

      Deep
      The obvious question is if yoyu are married why are you not living together? DIAC will be highly suspicious and I do not think the evidence you outline will work. The test for relationship involves cohabitation – living together when you are in the same country. The combinbation of not living together and the age gap will be regarded with suspicion by Immigration. If you were in my office now I would not lodge your application and I’d be telling you to start living together for a pewriod before lodging the application.
      Grant Williams

  92. Thank you for replying me.
    i have student visa and i cannot move Adelaide on this visa.if i move before lodging visa. after lodging my visa i am thinking to move there in Adelaide.
    Can i move Adelaide on my student visa?

  93. Hello Grant!
    Firstly I’d like to say – what a great blog! Thank you for all the effort that makes the lives of so may people easier. I hope you could provide me with some advice to make mine easier too;)
    I am currently holding a student visa which expires in July 2013. Me and my partner (permanent resident)have been living together for 19 months. We’d like to apply for a de facto visa but due to his cirsuimstances (he was sponsored himself and need to wait until July 2013 according to the 5 years limitation period to be able to freely sponsor somebody else), instead of the 12 months proof of relationship we need to prove 24 months in a relationship. As of today, we have some evidence for the 19 months only (shared addresse, the same addresse on the bank statements, credit card records showing he paid for my plane ticket) and more ”solid” evidence (shared bills, joint account, my name as next of kin on his superannuation) for the last 12 months. Recently we found out that we are going to have a baby. One of the waiver conditions on his limitation of sponsorship is having a child together.
    My question is – does the fact that I am pregnant and expecting the baby in February 2013 significantly changes our circuimstances or do we have to wait to apply for the defacto until the baby is born? The situation is complicated due to the fact that if we wait until the birth of the baby I will need to study all the way through, pay tuitions fees etc.
    Would a voluntary cancelation of my student visa be an option if we decided to apply before my next course starts (November 2012) to avoid continuing of studies?
    I know it seems like a lot of hassle but I would appreciate any answer!

    Best Regards,
    Joanna

    • Immigration Pty Ltd

      Joanna
      First I’d get leave from your institution for as lomg as they will give once you are closer to the birth of your child.Get your OBGYN Specialist to write a letter saying it is necessary. Try to keep the student visda it’s much simpler. Yes the birth of your child does change the equation and it is possible once you have 2 years in the relationship and an Austrlain citizen child to go direct to PR. Just got a PR visa last week in these exact circumstances. So get leave and make the application as soon after the birth of your child as possible. It
      ‘s a little complicated and DIAC need to have the waiver requests you are seeking clearly set out for them in the submission to the application. I’d suggest that you get professional help and that you begin preparing the application now so that it’s ready to go and all you need to do is add the child’s birth certificate. You can make it decision ready and like my recent case it should only take 7 to 10 days to get PR.
      Grant Williams

  94. I Sponsor my wife from Pakistan. I married in 2007.which visa she come to Austarlia Pr or tempere visa

    • Immigration Pty Ltd

      Fazal
      Possibly PR but that really depends on teh quality of the application and the circumstances of the relationship. If you’ve been here and she’s been there since 2007 they may not even see it as a genuine relationship for example.
      Grant Williams

  95. HI Grant! I stumble on this blog, its wonderful. I got married in 2006 and applied for spouse visa, unfortunately in 2009 after 2.5 yrs my marriage failed and I have to withdraw my visa application after almost a yr no reply from DIAC. I applied for the same visa with my new partner in 2010, and i got my temporary and recently i received a letter from them requiring more informations for PR processing, and unfortunately me and and partner decided to end the relationship at the same time we got this application. I wonder if this is the end of the road or can I still proceed with the application. We don’t have kids either. I wonder if you have any advice…
    Regards
    Raj

    • Immigration Pty Ltd

      Raj
      You cannot proceed with the application unless the relationship is ongoing.
      Grant Williams

  96. Hi. Grant.
    Thank you so much for your valuable answer last time.
    I have one more question in regards to the preparation of evidence that the relationship is genuine.
    1. For “the nature of the household”, what “living arrangements” means and how will I be able to prove it? It sounds too broad and general to me.

    2. “Joint responsibility for bills day-to-day living expenses”: My partner (sponsor, AUS citizen by birth) and I share the cost of groceries and household products but one of these receipts from supermarkets (e.g. Coles, Bunnings Warehouse…) can actually belong to everybody/anybody as they do not specifically mention the buyers’ names. So I am wondering what will be an effective evidence?

    Thank you.

    • Immigration Pty Ltd

      Karl No you can’t give them Coles receipts. Yes it’s general. You can do a Stat Dec from each of you explaining how you do things – day to day and this is then linked to joint financial and social documents to give them a full picture of your genuine relationship. Grant Williams

  97. Hi Grant
    I applied for partner visa in March 2012, visa got cancellation with the decision that stated that DIAC agrees that the relationship is genuine but the sponsor is not a usual resident in australia, as my husband was not in autralia after getting PR. he then went to asutralia and he has recently filed review appeal, but MRT people say that application’s turn would come in 2 years time approx.

    1-can we take back review app and file a new app altogether as my husband can now prove that he is usual resident in australia? (i believe one can not file MRT review and a new application at the same time?)

    2-I am pregnant and baby is due in december this year. can the child be included in my app after he is born to get visa with me?

    Hope to hear from you soon.

    • Immigration Pty Ltd

      Mrs Kashif
      Post twice does not make me answer any faster it just wastes my time. If you want FREE advice you really need to be a little more considerate!
      A Sponsor needs to be settled in Australia if tney are an APR and not a Citizen. DIAC’s definition of settled in their policy ids 2 years but for partner this may not apply provided the sponsor can make a reasonable case for their circumstances.
      Your sponsor obviuosly could not or did not bother.
      Yes the MRT will take a long time.
      Yes you can withdraw an MRT application. Yes you will lose your application fee.
      You can have an MRT review and an new application running at the same time but it’s not a sensible strategy if you are applying again in the same visa class.
      How is your husband now proving that he usually resident in Australia?
      Yes the child can be inclued in the applicationonce it is born. You should inform DIAC that you are pregnant when you apply again so they anticipate what will be required.
      Grant Williams

  98. Hi Grant,

    I am great full to see this blog. I think you’re doing a great job for giving us advice. But mine – might be different and I am asking this questions anyways..

    I am currently a PR. PR Granted from a spouse. But we are separated. It has been 2 years we have been separated. I was granted my PR through DVO. I had the worst years.

    My question is.. I am now currently in a new relationship. it has been running 6months now.. and going.. my partner is currently living with me, but he is just in a working visa till Feb 2013 and that would be around 14months (given that we are gona be together). Once his Visa expires, can I sponsor him? Despite I was approved with DVO to get my PR. I know he needs to go back to Taiwan when his Visa Expires, but want to ask advice if I can sponsor him straight away as my De Facto proving we are together for more than a year..?

    I’ve heard about 5years to wait before someone can sponsor? can this be the same case as mine with a DVO against it? I’ve been here for more than 3 years now and now a PR recently. I was just wondering If i can sponsor my new partner. I can prove my previous case I had.. not sure If it can help me sponsor my new partner :( as I am living alone here and no relatives, so was hoping to have my partner with me at all times..

    I was thinking if it’s gona be easy for me to sponsor him straight away despite the DVO PR approval i had..

    I paid 2 lawyers while undergoing the DVO.. very expensive I must say.. but i have to do what i got to do as I want to stay here in Australia..it’s my home now..

    i’ve been talking in circles i know.. i have my Anxiety and Depression after my previous relationship..bare with me..

    Enlighten me with my situation.. If I can sponsor my new de facto? knowing i was granted PR due to DVO.. thank you Grant!

    God bless!

    Ian

    • Immigration Pty Ltd

      Ian
      How can you prove 12 months if you’;ve only been together for 6 months now? You could register your relationship if you are eligible.
      DVO? Explain…are you talking about family violence?
      I’d need to see all your paperwork to really be in a position to answer your questions.
      There is a 5 year sponsorship exclusion period but again this is worked out from the date of your first application.
      I don’t have enough info here to be able to help you.
      Grant Williams
      JP 195363
      Registered Migration Agent
      MARN 0854799
      Immigration Pty Ltd
      Suite 35 / 647 – 649 George St Sydney 2000
      PO Box K1221 Haymarket NSW 1240
      Telephone: +61 2 92114694
      Mobile: +61 (0) 430351877
      Email: immigrationptyltd@gmail.com
      Blog: http://immigrationptyltd.wordpress.com

      • Hi Grant,

        I can only prove it when its more than 12months in a a relationship for sure. I know that.. I was saying it in relation to my plan in the future if ever I want to sponsor my partner.

        DVO is the domestic violence order i filed. So my question was if I can still sponsor despite i was given the PR through this order. Would i be treated the same with a normal couple who separated and need to wait for 5years..

        Im just checking some insights.. I will ask my lawyer in the future.. for now just seeking insights or advice..

        Thank you for the time for replying.. i hope your day is great!

      • Immigration Pty Ltd

        Ian Complicated question I’ve just had a quick look in the Migration Regulations and as far as I can see yes you would be subject to the 5 year time period between Sponsorships.

        Grant Williams

  99. Hi Grant,

    I lodged my partner visa ap in March 2012, but it got cancellation. Decision record states that DIAC agrees that me and my husband are in a genuine and continuing relationship, but sponsor is not a usual resident in australia, because my husband was outside australia after he got PR. He went to australia then and filed the review, but MRT people reckoned that it might take 2 years time for our case to get reviewed.i want to ask whether we can take back our appeal and prepare a new application? because now my husband can provide evidence of being a usual resident in australia.
    If so can we give reference to the earlier decision record with new app to show that atleast DIAC approved the genuinness of our relationship as husband and wife?

  100. Hi Grant
    Firstly thanks you for your very informative blog!
    My partner (an australian, 30yrs) and i ( english, 33yrs) met in the UK just over 2 yrs ago . during this time we did live together for a year. I am here on a ETA and am currently trying to get my onshore partner visa in place and decision ready. I am going to the townhall to register our relationship this week and plan to book my medical shortly. Firstly, Is there a form i take myself to the medical or do i have to been given this by the case officer? Also My partner and i were studying in the UK (him full time) and myself part time so i was the only one working. He came back to Australia in Jan whist i sold my house in the uk. As he has only been back for 5 months he is only just finding his feet with work etc. Can you advise what we can do with regards to him filling in his sponsorship forms as he has only just started employment here. Also as i am here i cannot work so how can we prove that he can support me for 2yrs? I do have some funds and he is now earning very well. We also have a roof over our heads for as long as we need it. How can we demonstrate this? Just to calrify decision ready is medical, police check, ID proof/ statements and completed forms? can this really be decided on in a few weeks if all present and correct?
    Many many MANY thanks in advance for your help in this extremely confusing area.
    Nic

    • Immigration Pty Ltd

      Nic
      That’s a lot of questions and really it sounds like you need to spend a few dollars to see a good migration agent to get this organised as you have quite a few things confused here.
      First you need to be sure that your visa does not have condition that prevents an onshore application _ Generally says No Further Stay 8503?
      Medicals can be done with Medibank Health Solutions. Forms 26 & 160
      Relationship Registration is a State government thing usually via Births Deaths and Marriages (not sure what the Town Hall reference is all about)
      If your sponsor is working following study that will meet the financial requirements generally.
      If something does not generate paperwork (like a lease) then you ned to create the paperwork perhaps via a Commonwealth Statutory Declaration from whomever is providing the “roof over your haeds”.
      You can apply for work permission on the bais of financial hardship after you lodge the application and your BVA becomes your visa…When your Visitor visa expires.
      The BV is granted when the application is lodged + receipted as a valid application (back to my first point) you don’t apply for it.
      Yes decision ready can come through in a couple of weeks but only if all the mandatory items are in the application and there is a world of proof of ‘genuine relationship’ – it’s not that easy and the application must be perfect.
      I say again…Get some help or you’ll be sitting in a queue waiting for 12 months.
      Grant Williams

  101. I totally forgot to ask about how to obtain a bridging visa to extend my stay whilst my application is being processed? Is this a separate form? My 90 days are up mid August and i ideally would like to get my application in so i don’t have to leave.
    Many thanks again
    Nicola

  102. Hi Grant,
    Not sure if you are right person to ask the following
    I have all documents ready to apply to for the sponsor visa, I am only missing the AFP Police Records which have been delayed. My aim was to apply b of June, but now I will be looking at sometime in July.
    Do you know if there will be any changes (besides increasing the fee) on Partner onshore (820/801) as of the 1st of July?

    • Immigration Pty Ltd

      Orlando
      I do not believe there are any changes to the Migration Regulations for Partner. Yes you can bet your life the fee will go up.
      Grant Williams

  103. Hi Grant,
    My partner, who’s Australian and I (Ukrainian) have been living together since October 2009 in Australia. My divorce was finalised in January 2010. We are you going to get married in October 2012 and apply for a residency status for me. Is it worth a try to apply for Permanent Residency straight away since we’ve technically been together for 3 years? Will photos, family trips, etc. be enough to prove that we were de facto for 3 years, although we only opened a joint account less than a year ago. Or should we not risk it and apply for Temporary Residency first?
    Is there a special process for lodging a “Decision ready” application?
    Thanks so much Grant!

    • Immigration Pty Ltd

      Mila
      If at time of application you’ve been together for three year you can ask to go straight to PR. Yes you should. What happens in reality is that they grant the TR and then the PR staight away so there is no risk as you put in asking. They only send you the PR advice. Get some help and really work on the documents and generally it will be fine. Did one just a couple of weeks ago – no problems at all.
      Grant Williams

  104. Hi Grant,
    ti am bit confused about student dependent visa,as currently i am on 573 student visa which will expire on august 30,2012 and will apply for next one year masters and hopefully extend the 573 visa for next august 30,2013,my concern is if i go to my country and get married by October 2012,can i be able to apply in October for my wife as student dependent visa as i have been living in Australia for last 12 months and still i will have 10 month visa in the month of October.
    thank you.
    adnan

    • Immigration Pty Ltd

      Adnan
      Yes you can apply to have your new wife included as a dependant in these circumstances.
      Grant Williams

  105. Thanks so much for replying so quickly Grant.
    I’ve got a few more questions though.
    Will the fact that I was still technically married when we started the de facto relationship be an issue at all? And how do I request for them to consider giving me a PR straight away. Is there a special letter that needs to be attached? Is it best to submit the application in person at their office or send by mail?
    I’m in WA, any tips on how to go about finding a good migration agent?

    Thanks again.

    • Immigration Pty Ltd

      Mila No it makes no difference that you were still married. Many people are in de facto relationships and never get divorced.

      I always include a section in my cover letter and Migration Regulation submission addressing this request. The first asks them simply to consider the application for grant of PR and the second quotes the legal foundation that allows this to happen. You can just do the first.

      I always drop applications in personally as the post can be less than reliable ans if I drop it off I know its there. I don’t usually recommend as I have no control over what they do and I’d feel responsible if something goes wrong. We deal with applicants from all over the world from Sydney, many of whom we never actually meet. Depends what level of service you’re looking for of course if it’s only a consultation then that won’t work.

      Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: http://immigrationptyltd.wordpress.com

  106. manasa penumetcha

    hi Grant,
    my name is manasa,i applied for spouse dependent visa to australia 4 months back..my husband is an australian PR,i am pregnant now,i should go with in 2 months,or else i may not go later..i submitted my PCC and MEDICALS to my case officer,please tell me when they will grant me the visa.

    • Immigration Pty Ltd

      Manasa
      How can I know that? I have not seen your application and the time taken will depend on the quality of your application. May well be you will need to wait until after your child has been born. You can try to ask them to process it more quickly but they do not have to agree and again they may want further evidence from you about your realtionship. Try requesting priority processing so your child can be born in Australia with your partner there with you.
      Grant Williams

  107. Hi Grant, I am so glad to come across this blog and I think you are doing a fantastic job.

    Just want to ask about the Offshore Partner visa. I am a Australian citizen and have am a public servant therefore have a stable income and I am fully settled in Canberra. I got married in feb and I applied for my partner overseas (Pakistan). I have provided all the evidence like marriage certificate, my income statements, passport, driving license etc and my parents documents. He logged it overseas. I know the standard timeframe is 12 months, but what is the turn over? How fast can I hear the good news? I am kinda feeling lonely without him. I know him from over 4 years now. If you could answer me that would be great :)

    Thank you.

    • Also Is it important to give- Statutory Declarations from both the applicant and sponsor detailing the relationship in some detail – dates, major events, travel, things you do together etc etc…

      Because I didn’t include this in my application. Should I be worrying? I did provide marriage certificates, Facebook stat and emails from 2008 to current. Should they be enough evidence or do I have to do a stat dec of our relationship?

      Thanks
      Sabrina

    • Immigration Pty Ltd

      Sabrina
      The Stat Dec from both parties is a mandatory requirement. Do them and submit them. You can print out a full checklist by doing a search on the DIAC website – search 309 checklist.
      Grant Williams

  108. Hi Grant,

    I have a quick question. Me and my Partner ( we are married ) lodged our request for a partnership Visa on the 26th of June 2012. As far as I can tell and the amount of information that went into the application, it should be decision ready. ( fingers crossed) My Husband is from the UK and I am from Australia. we have been back in Australia since november 2011. Due to the conditions of his working virsa he can only be emplyed in one job for no longer then 6 months. Can we still apply to have this employment extended even though we have already lodge the application? and if so how quickly do they advise if he is able to continue at his current job as he has come to the end of his 6month period and because we are in the country it is very hard to get a job here so he is without work at the moment.

    any advise you could give would be great

    • Immigration Pty Ltd

      Reine
      He’s on a Working Holiday visa. Until it expires and he goes onto the Bridging Visa for the Partner application he must meet the conditions on that visa. You cannot change them. When the BVA starts he can work for the same emploiyer again but not till then.\Grant Williams

  109. Hi there, I have a question please reply, I entered in Australia in 2005 as my wife’s dependant on subclass 573. she completed her studies and we got PR subclass 885. We became Australian citizen in 2010. We got divorced in 2011. I got married second time in April 2012.

    Now I want to return back to Australia with my new wife. I just looked the form 40sp it says that “You can not sponsor your partner If you have previously sponsored a partner or been sponsored as a partner”

    I just want to know does that apply on me? As me and my ex partner came to Australia on student visa subclass 573. I assume I have not sponsored my partner nor my partner sponsored me.

    Please reply.

  110. Hi Grant, thanks for your reply but I could not understand the answer. The meaning I got from your answer is that condition does not apply on me and I can go ahead and apply my wife’s visa asap without waiting for 5 years.

    Am I right?

  111. hi grant,i m on bridging visa c and after one month my case officer asked for more evidence of my relationship before decision has been made.i gave the more evidence of my genuine relationship.i just want to know what does that mean ? what decision is my case officer taking? is DIAC taking decision on TR(sc 820)?

    • Immigration Pty Ltd

      Sunny
      Yes they are considering your 820 and they wanted more evidence … that’s all it means.
      GW

      • hi grant,
        so one more question please as how long does it take to DIAC to make decision on decision ready application ?thanks

      • Immigration Pty Ltd

        Sunny How long is a piece of srtring? I ‘m not DIAC and I cannot tell you this too many factors affect processing. GW

  112. Hi Grant, thank you for this forum. You’ve shared a lot of useful information.

    I’m from the Philippines and now in Australia where I followed my partner who’s an Australian citizen. We’re applying for a de facto visa, but I need to do that offshore. While that’s processing, do you think I can apply for another visa so we won’t be away from each other too long during the processing period?

    • Immigration Pty Ltd

      Sarah
      I think that DIAC will not give you another visa and you will need to wait at home for the partner visa. Esp from the philippines . They are very tough on this.
      GW

  113. Hi Grant,

    My partner is here in Australia with work and holiday visa. Can I apply for her PR and how long to think that it will take until she get it. She is an American Citizen. Thanks

    Shay

    • Immigration Pty Ltd

      Shay
      Yes if you mean can we make an onshore Partner application provided you meet the 820 visa criteria.
      GW

      • Hi grant,
        I’m a filipina and i’ve been here in australia for about 5 months under fiance visa and currently working. My partner is an australian citizen, We just got married this 17th of Nov. we are planning to apply for temporary partner visa next week but we aren’t sure what are the requirements for applying the said visa and do we still have to fill in the same forms as before like 40 sp and 47 sp? Coz some website says we have to. Do i have to undergo health examinations and comply the police clearances? I went to different website to find all the informations but they’re so confusing. And heres one more thing am i allowed to work more than 20 hours a week now that my partner and i have been married already. And we’re planning to have a holiday in the phillippines this coming May for just about 2 weeks, is it possible that i can go out of this country and come again even if my fiancee visa will expired on feb next year.
        Pls help me grant
        Hope to hear from you
        More Power

        Jomelyn

      • Immigration Pty Ltd

        Jomelyn
        Yes it is a totally new application and you start again. No you will not need a new medical and given the time you will not yet need an Australia Police Cert. Yesa you can work full time. You will need to travel on a BVB if your TO 300 is expired which will be granted from your BVA that DIAC will grant when you lodge the Partner application.
        Sounds like you need to get sime help!
        GW

  114. HI grant, its Roxy again..

    I have some few questions that make me keep thinking.
    As i said we already lodged our Spouse Visa 309 last April 2012
    here in the Philippines.
    Im filipina and my husband an Australian resident.
    We dont hear anything back from DIAC as of this July 2012.

    My question is:
    1. my husband has an old debt in centrelink i think 2005
    but if u ask if his workin, Yes he’s workin since 2005 to present 2012.
    WUD THAT AFFECT MY VISA? if not WUD THEY ASK ANYTHING ABOUT IT? IS IT NOTHING TO DO W MY VISA?

    2.my husband is currently workin on Qld.Island the same time he’s living there because its free-accomodation provided by the company.
    What we stated on our paper was we gunna move to Sydney near to my family when me and my daughter arrived in Australia and of course doing that means he guna find new job in Syd once we arrived in Australia.
    My husband annual salary range to AUD40-45,000
    and has continous work.
    IS THAT SITUATION WUD BE A CAUSE OF CONCERN TO THE IMMIG.
    WHEN THEY SEE WE DONT OWN A HOUSE YET?

    3. i have family in sydney, sister a P.R and sibling w mum is a T.R but almost gunna be P.R in 9 months.
    WUD THAT HELP OR A CREDIT FOR MY SPOUSE-VISA APPLICATION?
    WHEN THEY SEE I HAVE FAMILY IN AUST.?

    4.when me and my 3 y.o daughter had medical examination, my daughter reported that she’s a late-talker.. but the specialist gave a report that shes normal kid,and actually advance in other developmental skill. and she also made a report that the only treatment she need is to enroll in early intervention program or day-care.
    IS THAT A CAUSE OF SHORT-SUPPLY IN AUST GOV.? OR CAN CAUSE A BIG FUND TO AUST. GOV?

    5. last May 17 to June 7, 2012 (3 weeks) my husband spent time w me again here in the Philippines while our visa is on process.
    but as i said
    “we already lodged our Application on April 2012.”
    WUD THAT BE OK TO GATHER AND SEND AGAIN THOSE LATEST ADDITIONAL SUPPORTING DOCS THAT I HAD (pics,receipts,etc.) WHEN HE VISITED ME LAST MAY-JUNE 2012?

    6.how much money shud the sponsor have in the bank?
    because in my husband latest bank statement, he has AUD17,000 and has continous work .
    WUD THAT BE FINE?

    I hope u can enlighten me again grant..
    Thanks in advance.

    Roxy

    • Immigration Pty Ltd

      Roxy That’s a lot of questions you’re really asking too much here. If you need this level of advice you guys need to hire someone to advise you. I get hundreds of questions and I don’t mind answering short things but not this level of detail. Sorry. GW

  115. Hi Grant,
    I am a PR and lodged a De facto application with my girlfriiend approx 8 months ago. We had a bit of a start stop relationship for 2-3 years as we met when we were travelling. Her working holiday visa expired 6 months into our more formal relationship so she went home to Ireland. We decided that we wanted to stay together so she came back out on a holiday visa. She had to spend 6 months on this before we could lodge our application (12 months together). That was 8 months ago so she basically hasn’t worked for money for 14months now. She does volunteer work and loves it however she’s really now starting to lack motivation which i’m surprised didn’t happen sooner. After we lodged our application they sent us a letter saying that it will take up to 9-12months to process the apllication .

    We have heard some conflicting reports that they generally approve it after the 9 months. In your experience is this the case?

    • Immigration Pty Ltd

      S
      The ‘conflicting reports’ are just rubbish. Nonesense. Each case is ikndividually assess according tot he evidence you provide. The 9 to 12 months wait is for non-decision ready applicants – those who have not provided all the required documents. They will contact you when your application reaches the top of the pile and try to sort out what else you need to provide to them. Don’t listen to silly rumours from people who have no qualifications.
      GW

  116. Hi Grant,
    After reading this blog I think I have found the right link . My enquiry is
    I got married in Australia on May 2011 to an aussie citizen and after two months I lodged my 820 partner visa application onshore . And after almost 10 months( in April 2012 ) I withdrew my application from immigration because I wanted to go back to home country . It happened because me and my partner decided not to live together . We started disliking each other but we did not take divorce . I was so upset I withdrew application . And now we are toghether again . And I want to apply for my onshore partner visa. My file was not opened yet before I withdrew. The reason i given to immi for withdraw application was “” we dont like each other anymore and i want processing of my application to be stopped and am going back””. But I still stayed in Australia . Question
    1 is it possible to apply again ?
    2 would immigration start processing application as new application ?
    3 . The time one year or more we have spent toghether will be considered ?
    4 this time application processing will be less??
    5 . Or can I put my file as file ready to immigration (by including docs for last past one year as we do in de facto?
    I want to tell you ,, before I applied for 820 I was a student on MRT bridging visa. And by now me and my partner have been toghether for almost 19 months . Please help me. Thank you in advance.

    • Immigration Pty Ltd

      Jass
      That’s a real mess.
      First – What happened to the MRT thing?
      What BV do you have now?
      If you have formally withdrawn your 820 applicastion you can’t just ask them to pick it up and start again because you’ve changed your mind. Did you get a letter from DIAC acknowledging the withdrawal of yoiur applicatioin?
      You must reapply and start the whole process over again. New application fee, new forms, new evidence – everything.
      You will have to explain what has happened and in some detail if you want them to now believe you.
      You reallky should get some professional help as DIAC are going to struggle to believe you.
      Grant Williams
      JP 195363
      Registered Migration Agent
      MARN 0854799
      Immigration Pty Ltd
      Suite 35 / 647 – 649 George St Sydney 2000
      PO Box K1221 Haymarket NSW 1240
      Telephone: +61 2 92114694
      Mobile: +61 (0) 430351877
      Email: immigrationptyltd@gmail.com
      Blog: http://immigrationptyltd.wordpress.com

  117. Hi Grant,
    I am confused about the criteria for the 820 Visa. My husband is coming to visit from the US in a few months. If he wants to stay can we apply for an 820 visa? Or is this considered pre-planned and dishonest and therefore inhibit the success of our 820 application? Whenever I read anything on this I can’t get a straight answer.
    Thanks for your help,
    Jayde

    • Immigration Pty Ltd

      Jayde
      In theory it is not the ‘right’ thing to do but it happens every day and DIAC really don’t care or rather don’t bother about it. You’re lucky he can come as he’s from an ETA counrty. be happy. If he was from elsewhere you’d be waiting 12 months with him o/s.
      Apply
      GW

  118. Dear, Grant.
    I came across your blog and have found lots of helpful tips regarding partner visa application. And for these helpful tips, I am very thankful, especially as I’ve got a few questions of my own.

    My husband (PR) and i met online late Oct 2011. The first time we met in person was on Apr 6, 2012. Prior to this, we were communicating mostly through Skype but we were not yet a couple. On Apr 8, 2012, we made our relationship official, 2 days after meeting personally. On Apr 10, 2012, we both have agreed to advanced our relationship further and decided to get married. I came to Australia last month on a visitor visa and we got married on Jun 15, 2012.

    In form 47SP, there is a question, ‘when and where did you and your partner first met?’ In our case, does this question pertain to ‘face to face’ meeting (Apr 6) or the first time we got acquainted online?

    Will this relatively short period of our relationship, from the time we’ve known each other, have any adverse effect on the application? My husband and I are both professionals – he is 37 and I’m 30.

    Also, can we lodge application while I’m still using my maiden name? If yes, which is better, to apply using maiden name or update all documents (passport, government IDs) with my married name?

    Looking forward to your reply. Thank you and more power!

    • Immigration Pty Ltd

      Faith
      First met – online.
      Realtionship begins when you actually start living together physically.
      If that’s before marriage that’s OK.
      Yes stay with the maiden name until you get the 820 visa then if you want change your name and passport betwwen TR visa and PR grant it will be easier. Before just makes it harder and slower and means more paperwork.
      Yes it is a short period but once you are married you qualify.
      You still must convince DIAC you have a genuine relationship – just married really proves nothing so you need to get moving to develop your realtionship evidence.
      GW

      • Many thanks for your prompt response, Grant.
        I have since went home to my country after our marriage and will be lodging the application offshore.

        Have a wonderful day!

  119. Hi Grant,
    First I wanna thank you for the quick reply. I am on bridging visa class WA010. And my MRT still in process . I have not heard anything back from immigration. I rang MRT and they say my MRT file is not opened yet. And after signing an affidavit , I got acknowledgement of withdrawal of my partner visa onshore application . I hope this information will assist you to provide me suitable help. Thank you so much.

    • Immigration Pty Ltd

      Jass
      Not sure what you want me to do now? I have told you that you will need to lodge a new application and that you should seek good paid help due to your circumstances.
      GW

  120. Me & my ex signed the divorce papers for almost 7 months but we been away from each other for 14 months . I’m in a relation with someone from overseas .my question is when can we apply for a partner visa ??

    • Immigration Pty Ltd

      Can’t say not enough info. Where you sponsored or did you sponsor your ex wife? Do you actually have a divorce decree? How long have you been in this new realtionship? Have you actually met this new person face to face physically?
      GW

      • No I’m an Aussie by birth my ex-husband was from Lebanon but he had his australian citizenship from a previous marriage .I have the divorce papers signed by him & I Have the Islamic divorce papers as well .
        Dear Grant
        Many thanks for your help
        I’ve been in this relation for almost a year online everyday
        I’m an Australian by birth ,my ex had his Australian citizenship from a previous marriage
        I haven’t met my new partner face to face but as I said before we everyday on skype talking & he invited me to visit his family in September where we planning to get married too . But till now I haven’t got my divorce registed yet . Can I register my new marriage or I have to wait till I got my divorce registed first

      • Immigration Pty Ltd

        Karima You must divorce before you try to remarry! As you have not yet even met personally you do not currently qualify for any type of partner visa. Once your are married you qualify but then you must prove to Immigration that you are in a genuine relationship as they see quite a few fake marriages. GW

  121. I am an Australian by birth and whilst volunteering in Tanzania last year I met and fell in love with a Tanzanian citizen. I returned to Tanzania earlier this year and we decided to marry. I was fortunate enough that my parents also spent part of their holiday in Africa with us and I spent part of the trip living with his family in his village. We undertook all his medical and criminal checks when there this year, sending the medical results to Kenya. We have now lodged all the documents with Nairobi, no acknowledgement received yet though. Our application was complete and provided the necessary statements from my parents confirming our relationship is genuine as well as horrible photos of us all. My question is we have in my opinion proven that this is a genuine relationship, with the support of my parents, will immigration take this into consideration and process our prospective marriage visa in a shorter period of time, and if so in your experience what is a realistic time frame? I’m sure you are asked this impatient question all the time.

    • Immigration Pty Ltd

      Dianne
      Yes I am this all the times and my answer always is it depends on the quality of the application. They do not process more or less quickly in overseas posts. Just one after the other I’m afraid. Generally 3 to 5 months for TO 300 applications but this will be longer if they start asking for for more information by letter.
      GW

      • dianne1009@hotmail.com

        Grant, Firstly your blog is awesome. We lodged our prospective marriage visa subclass 300 on July 6, 2012 and received acknowledgement of valid application July 23 from Kenya. I know you have commneted generally 3-5 months and the Immigaration web site states 12 month and yes I am still impatient, are you able to advise if we will receive any updates on its progress or if we will be advised if the application has been sent for final decision. My immigration agent does not reply to emails, and I know who I will be engaging after we are married for the next visa. The not knowing is harder than the time apart. Will the decision be delayed if my fiance is Maasai. Thanks Di

      • Immigration Pty Ltd

        Dianne
        No they don’t communicte unless they want something and Nairobi are very slow generally. It is one of those things where you just learn to wait as they hold all the cards. If they ask for anything send it asap.
        I agre the not knowing is really annoying.
        GW

  122. Hi Grant

    I am thankful for this website.
    I am a permanent resident and my girlfriend is currently studying; her course will finish this semester. We have been together for 1 year 2 months. We have plans to marry each other but not in the next 2 – 3 years, because we both still on our early 20′s. We have been living together since March 2012 and we also opened up a joint savings account in May 2012 where each of us deposit “X amount $” monthly; but we do not touch this account as the purpose is for our home loan deposit, would this be considered by DIAC as “joint financial”?
    And would it be possible to lodge the de facto application if we are short of 12 month staying together? E.g. 10 months
    So far I have been keeping all the utility bills, airline tickets, love letters, birthday cards, lots of photos etc. We have been on few holidays together.

    Do you think that I am on the right track in terms of gathering evidence etc? Or should we start doing something else now to prepare us in the future for lodging?

    Thank you for you kind attention,
    Ed

    • Immigration Pty Ltd

      Ed the minimum time you must be living together to lodge de facto without relationship registration is 12 months. if you lodge before DIAC will refuse your appliction.
      Yes the account is evidence of a joint financial commitm,ent but an operating acount that you live from. and pay bills from is much better as it shows you life.
      Otherwise that seems fine. Declarations to ATO, Superfunds etc are important.
      GW

      • Hi Grant

        Thank you for your reply.

        If my partner’s student visa expiring in December 2012, when should we start lodging the application? Given that we won’t be near the 12 months requirement of living together?

        I heard from friend of mine who recently applied for intention to marry that living requirement for defacto visa has is now 2 years. Can you confirm that Grant?

        And what is relationship registration? Also can you elaborate a bit with Declarations to ATO, Superfunds? How is this come to play?

        Thank you
        Ed

      • Immigration Pty Ltd

        Ed Perhaps you need to get some professional help. Have you tried looking up Relationship registration in your State? No the 2 year thing your ‘friend’ has told you is rubbish. There posts on my Blog about all of this have a look. That’s what the articles are for and i really don’t have the time to write it all out for you when it’s all already there on the Blog. ATO – When you file your tax return you declare her as your spouse and this changes you tax position but it is powerful proof that you are genuine. All Super has a beneficiary who gets the $$$’s if you pass on. You can declare your partner as beneficiary. Also powerful proof of shared financial commitment and genuine relationship. Spend a bit of time on the Blog and you’ll find it’s all there. GW

  123. Grant,
    My Australian partner and I will be submitting our off shore defacto partner visa within the next 2 weeks. I am just about to have all of our documents signed by a lawyer here in Canada. However for our personal statutory Declarations, we have typed them up on blank paper and are about 2 pages each. Do I need to copy what the Australian declarations day at the top and bottom, or do I just simply have ourselves and the laywer sign and date the document?
    With the other documents (proof of relationship) etc. does the lawyer just sign the bottom of each page? Or do they date it as well, or add anything else? I just want to make sure everything is done properly.
    Thank you,
    Tara

    • Immigration Pty Ltd

      Tara I perfer Commonwealth Stat Dec’s for relationship stories but it is not complusory. Not sure what the certification rules are in canada. I sign and date every page of every copy. GW

      • Thanks Grant. I will do it the commonwealth way. Also for the passport photos you have to include do they need to be certified as a true likeliness on the back?

      • Immigration Pty Ltd

        Yes GW

  124. Hi Grant, thank you very much for your previous help. i have two questions now, i hope you can help me. Im in a student visa now that will finish on march 2013, i am studying advanced diploma in Hospitality at TAFE, i just finish my diploma last semester and i have one more semester to go, my question is: can i stop studying now? i mean cancelling my student visa? and just finishing the diploma? or if i cannot, can i ask for permission to work more than 20 hours a week? after applying for my partner visa? my current job is offering a permanent full time position that i do not want to miss…. thank you very much.

    Samantha

    • Immigration Pty Ltd

      Samantha The issue for DIAC will be have you completed your primary course of study. I can’t tell as I have not seen your COE. My suspicion is no and the Adv Dip was where you were headed. Having said that you could cancel your student visa and then become unlawful and apply for a BVE BUT and this is the vital point you must have lodged some application for another visa GSM, employer sponsorship, 485, 457 BEFORE you attempt this – if you don’t there is no basis to give you the BVE apart from to leave. So be careful.No you can’t change the work hours on a student visa. Also no guarantee you’ll get work rights on the BVE either. Grant Williams

  125. Sorry Grant, I meant to ask this last time when I mentioned the passport photos. The application says to include 4 of myself and 2 of my partner. I have just made an appointment to get my medicals done and they have asked me to bring 2 passport photos, is this additional to the 4 I already need to provide. Just wondering when I get them taken tomorrow if I will need to get 4 or 6. Thank you so much!

    • Immigration Pty Ltd

      Tara Get 6. In reality this is a throw back to previous rules when 2 of the four went with the medical forms when they were sent out but just to be sure use two for the medical and send them 4. It costs virtually nothing and better to be safe than annoyed later. GW

  126. Hi Grant,
    I want to ask that 485 subsequent paper application for offshore applicant is lodged at local AHC or to adelaide offshore centre.
    Thanks.John

  127. Damien Powell

    Hi grant
    I have just started a 1 year student visa ,but it turns out my girlfriend of 4 and a half years has been offered sponsorship .So the company are in the process of doing her sponsorship . My question is can I go onto her visa as de facto ? Or do I have to finish my student visa before I can go on her visa ? Thank you grant

    • Immigration Pty Ltd

      Damien
      Yes you can be a dependant on her application provided you live together and have been doing so for 12 months. They will want proof.
      GW

  128. Hey Grant,

    Me and my aus citizen partner are going to submit 309 subclass visa in the next month and I would like to make sure that we’re on the right way to do it. We met and started our relationship in june 2011, when my partner came to Russia as a tourist. After about 2 weeks of “dating period” we started living together (can be witnessed), but in early August 2011 he had to leave Russia as his visa expired. For a few months we were struggling apart, maintaining our relationship on Skype and Facebook. Also during this period I came to visit him in the Middle East, where his father lives, and we spent a month together. He also introduced me to his family (from his father’s side). In Nov 2011 we decided that I’m moving to the Middle East so we can live together. Another month took me to solve all the questions with work etc, and to move out. The next 6 months (from Dec 2011 till May 2012) we lived together in the Middle East (can be witnessed) and in May 2012 we came to Australia. I’m on a VV atm with “no further stay” condition. In Aug I have to go back to Russia and apply for 309 visa. Oh yes, and we just submitted the application for relationship registration in The City of Melbourne Relationship Declaration Register, accurately a month before I have to leave. My simple questions are: I know, nobody can give a 100% guarantee, but do you suggest that it can speed up the process, if we both declare that we depend very much on each other, e.g. financially I depend on my partner because I quit everything e.g. my work in Russia yet in December 2011 when I moved out from my country. Also I help and support my partner to set up his own small business in aus, so would it be possible to speed up the visa process somehow according to this crms? To get another VV? Maybe there is another clue? What is the “decision ready” and how it works?
    Thank you very much for the answers!

    • Immigration Pty Ltd

      Marianna
      It sounds like your application will be fine but none of the things you mention will speed up the processing. The most important thing to ensure that it goes through in the quickest time is to have everything already in the application. By all means make all the declarations you suggest but the genearl time is still going to be 9 to 12 months.
      GW

  129. Hello
    I previously sponsored my second wife in late 2007 and then we got married early 2008. She got her PR. this was the first time I sponsored my partner to migrate to Australia. Now I understand that I have to wait for a period of 5 years before I can lodge a second time.
    Now I have been currently separated for 9 months from my second wife and in 3 months time shall be filing for a divorce.
    Now my current partner is here in Australia with student P540 subclass 573 with conditions 8202 8533 8501 8105 8516 8517 which expires in September 2013.

    Now someone told me I have to wait 1 and half years to remarry her as she is not Australian resident. I thought this a lot of nonesense and was rather strange restriction. Now i could not locate any information about it. Is there a newly introduced marriage or immigration law that this applies to? it is my understanding that we could marry after waiting 1 month and 1 day after my divorce was processed. Is this not the case?

    Now with my partner holding a current student visa which expires next year in September 2013. Can we apply for an onshore 820 visa after we marry? How long after we marry can I submit the application? Now do I need to wait the full 5 year period or can I apply earlier by 4 months? Should we wait the full five year waiting period?

    Now my partner is a mother with her child of one and a half years old that her parents are looking after back in her country. Now how do we sponsor the child given he is not in Australia at time of the partner application? Can or should I sponsor the child later after sponsoring my partner? Now we prefer that later come to Australia so it will not disrupt my partners education. What would you recommend we do?

    Thank you

    SH

    • Immigration Pty Ltd

      SH
      The thing about marriage is just rubbish. Once you are divorced you are free to remarry.
      Yes you must wait the 5 years from the date of lodging the previous sponsorship application. Note date of lodging the application !
      You must include the child in the application. You will need to get court documnets for the child to leave it’s home country (custody and permission from the child’s other parent) and you will need to have a clear Australian Federal Police Certificate to sponsor the child.
      If you include the child as non-migrating it will still have to have a medical examination.
      In my view it is always simplest to include the child as a migrating dependent.
      GW

  130. Hi Grant,

    My husband and I applied in May for an Offshore Partner Visa from the UK. We have been married 1 year and together for 4 years total, living in London for this time (although we did get married in Brisbane – my home town). We received a letter back immediately requesting the medical, which we got done asap, along with a note to say processing times were currently 5-6 months. We also had all of our supporting evidence (joint bank accounts, rent statements, bills, travel docs, photos and letters) returned to us 3 days later – some of which appeared ‘unopened’. I have two questions:
    1. I am being transferred to the Sydney office of my company and they are keen to lock in timeframes. How much can we rely on it taking ’5-6 months’ as specified or should we build in additional time?
    2. Should we be worried that it appeared they hadn’t really looked at some of our supporting documentation before returning it to us?

    Thanks in advance for any thoughts / advice.
    Kind regards,
    Lauren

    • Immigration Pty Ltd

      Lauren
      DIAC are reasonably accurate in posts like London as they have a good idea of the rate of applications over a long time. Many O/s posts have a look at realtionship evidence if it is in original form and then record what it is in the file and send it back. Storage is a huge problem. They have reviewed. Good sign.
      GW

  131. Hi Grant
    How Long is it taking for 485 offshore Subsequent entrant application currently for decision.
    Thanks
    J

    • Immigration Pty Ltd

      J No idea. Ask DIAC. Every application is different and assessed separately so averages are meaningless. GW

  132. Hi Grant

    I am an Australian Citizen. I got married in India about 3 weeks ago and my wife holds an Indian passport. If she was to come on a tourist visa, could she then apply for the onshore Partner (Temporary and Permanent) (subclass 820 and 801) visas? What are the implications of this?
    Thanks,
    Rish

    • Immigration Pty Ltd

      Rish if she comes on a Tourist visa and does not tell DIAC she is married and then tries to apply as a mearried person this is lying to DIAC so that will be a problem. If she gets a Tourist visa it will almost certainly have condition 8503 – No Further Stay which bars an onshore application. If you inform them properly about the relationship she will not be granted any visitor visa.
      GW

  133. Hello,
    this site is great and i have been reading and hoping i come across a similar situation as mine, but unfortunately i have not. I seek your advice/opinion on whether or not my boyfriend and ellible to apply for a defacto/partnership visa. We met a couple of years ago whilst my boyfriend was completing his masters in Sydney. and spent 5 months together until i went overseas (my trip was planned well in advance)
    We kept in contact the whole time and last year decided that he would move from his home country (Germany) to Australia to be with me. Majority of our conversations were spent via skype, however we have some communication validating our feelings for one another, from back to 2010. However, he flew into Australia on December 11, 2011 and from there we lived, breathed and grew together :) His whv expires that same date as he flew in but in 2012, if we gather all information on us spending that year together, as a couple, are we in a position to apply for the visa even though his visa expires that same date? Or would it be alright to send in everything a week prior to this date and by the time they go through it a year would have passed? If so, how do we then get a bridging visa through this application? Do we request it when applying or does it automatically get issued when the application is received? I forgot to mention, that we have looked at sponsorship through work but unfortunately due to the economic situation it has been a frustrating experience and not successful.
    So many questions but so much appreciation if you can help ease our mind.
    Thanks.

    • Immigration Pty Ltd

      Heidi
      If you apply before you have been living together for the full 12 months DIAC will say that your relationshipm does not qualify. So you are relying on counting some of the earlier time which in my view is not going to work as it really does not show the commitment DIAC want to see. Hab=ve you considered Relationship Registration?
      GW

  134. My apologies, i forgot to mention that i am an Australian citizen and we are applying for the defacto visa so my partner can live and work in Australia also. Cheers.

  135. Hi Grant,
    My partner is French and I am Australian, we currently live in the UK together but plan to settle in Australia (as long as immigration permits him to do so). Just seeking some clarity around onshore applications. I read in a previous post that complete applications can be approved in a matter of weeks. Is this only when lodged onshore or does it apply to offshore also?

    If we are to apply on shore can he enter Australia without a pre-arranged visitor visa and just be granted three months visitation visa upon entry by immigration at the border/airport? If this is the case how does he make sure that there are no restrictions on the visa so we can lodge an onshore application? Are we better to apply via a special form online prior to arriving in Oz? If the immigration workers at the Australian border ask why you only have a one way ticket is it viable to say that you plan to lodge a partner visa? I have been reading some conflicting information about onshore applications lately so just want to clear up the legal side of it all.
    Many thanks

    • Immigration Pty Ltd

      Yolande
      No it does not apply to offshore applications. It is a policy in Australia only at the momemnt.
      No if he arrives without an ETA (eligible as he is from France) they will send him back on the next plane. probably would not even be allowed on the palne to start with actually.
      Apply for an ETA with an open return and maybe you can get a refund. Then he is here with an opoen visa and you can apply onshore.
      GW

  136. Thank you so much for sharing your knowledge. This is such a stressful and tiring experience. Just to clarify, if he is granted an ETA with open return he is legally allowed to lodge the partner visa papers from inside the country? Will immigration not be suspicious of the fact that he will only have a one way ticket and is he allowed to stipulate the fact that he is planning on lodging his partner application to immigration workers at the airport? Sorry for the detailed questions but we had issues returning to Oz from NZ after a weeks holiday. They believed, because his WHV had expired, that he was entering the country with the intent to work but we were just returning from holiday to spend one last week with my family before relocating back to Europe together. Needless to say, immigration officials and the conversations involved make us both a tad nervous now. Thanks again!

  137. Chris Thornberry

    Dear Grant,

    Me and my partner have been together for 1year and one month now and are at the final stages of our sponsorship application. He is on a student visa right now and unfortunately won’t be able to continue his studies due to his parents not having the money to find him. If he’s studying for 3 more months and we lodge our sponsorship forms now, at what point will he get his bridging visa? He’s worried that after 3 months his student visa will expire due to not being able to study and then he will have to go back to Vietnam.

    So basically my question is how long after we lodge the application will it take to obtain his bridging visa to stay in the country without having to study? And does he apply for it or does it automatically happen?

    Also, I don’t know if you know much about gay defecto relationships? Are they in the same category as any other defacto relationship? Or are they more strict? I’ve heard that its harder to get the PR if you’re a gay couple? Is this a rumour?

    Thanks,

    Chris

    • Immigration Pty Ltd

      Hi Chris
      The first point is that DIAC view all de facto relationships the same – so there is no discrimination for same sex couples.
      When you lodge a valid onshore Partner application the applicant is automatically granted a BVA which begins as soon as their substantive visa expires (so when the student visa runs out).
      The real isuue you have here is if the college/uni reports him for not attending/paying etc… so do all that you can to tease out the college to keep him in their good books, ask about payment plans, ask for help, seek counscelling to run down the time on the visa. Once its inside a month there is very little the college of DIAC can do and he will just roll onto the the BVA.
      Grant Williams
      JP 195363
      Registered Migration Agent
      MARN 0854799
      Immigration Pty Ltd
      Suite 35 / 647 – 649 George St Sydney 2000
      PO Box K1221 Haymarket NSW 1240
      Telephone: +61 2 92114694
      Mobile: +61 (0) 430351877
      Email: immigrationptyltd@gmail.com
      Blog: http://immigrationptyltd.wordpress.com

      • Chris Thornberry

        Thanks for your previous reply Grant. Was very helpful ;) but one more question..

        What if my partners visa expires in 2014 and his course finishes in 3 months? Does he have to cancel his visa and apply for bridging visa type e? Or will he automatically go onto bridging visa type a when we lodge the sponsorship forms? He’s also mentioned that he will receive his TR after 9-12 months? Is this correct..

        We’re so confused -.-

        Chris

      • Immigration Pty Ltd

        Chris Really sounds like you guys need to get some professional help to lodge this application as I’m not feeling confident you are on top of this process. The student visa issue is a problem with such a long running visa. The best solution to this problem is not to cancel the Student visa but to lodge a perfect decision ready partner application that will be approved for TR in a few weeks thus replacing the student visa and solving the problem. You need to find a solution not some cobbled together fix for a poorly constructed Partner application. Get good help! Grant Williams

      • Chris Thornberry

        I think you’re right Grant. We will be looking into some professional help ASAP.

        One more question (and sorry to be so naive about all this) We’ve been living off Gumtree rentals for the majority of our 1 year together, and as a result have not got many utility bills in our names due to bills being part of the rent we paid. We have legal rental contracts from those places and everything, but only a few bills in our names from the last 3 months we have lived in our own place.

        Do you think that is going to work against us? Or will only having a few bills with previous rental contracts be enough?

        I’m starting to doubt that we simply don’t have enough evidence to get us through :(

        Chris

      • Immigration Pty Ltd

        Chris

        Evidence is evidence and these contracts will be fine. Different living arrangements produce different sets of documents.

        I find many couples start out saying ‘Oh we hardly have anything’ but after a few long talks and a list of things to do from me all their applications end up looking like door stops. You just need some sensible, experienced direction and help.

        Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: http://immigrationptyltd.wordpress.com

  138. Thanks for that. Unfortunately we cannot register our relationship as he hasn’t lived in Victoria for at least 12 months (they are the conditions) as he moved here for me and previously lived in Sydney.
    So do you think it possible that we submit it on the day the 12 months have been up? even though this will be the same day his whv will expire? Oh this is so stressful and scary! thanks again for your help. We really appreciate it.

    • Immigration Pty Ltd

      Heidi Register it in NSW then does he have a family address in NSW – mother father etc.. You will need to claim the relationship statrted before this 12 month period – use the last time you were actaully living togetehr as the start date then. Lodging anything on the last day is a risk. GW

    • Immigration Pty Ltd

      Heidi Sometimes you need to be a little creative. GW

      On Thu, Jul 19, 2012 at 10:29 AM, Grant Williams wrote:

      > Heidi > Register it in NSW then does he have a family address in NSW – mother > father etc.. > You will need to claim the relationship statrted before this 12 month > period – use the last time you were actaully living togetehr as the start > date then. > Lodging anything on the last day is a risk. > GW > >

  139. Hi Grant,

    Registering our relationship in NSW wouldnt work as then we would have to explain as to why we couldn’t live together in the time we have been together and show proof of us going back and forth to each others state. I did look into it and it would mean too much work and having to get people stat dec’s to coincide yadda yadda.

    One last question if I may Grant, if he were to leave the country and reenter on a tourist visa and we then applied for the defacto visa would he have to stay on the tourist visa until the 3 months is up and then he would get put on a bridging visa that would enable him to work? or would he have to remain on the tourist visa until a decision on the defacto visa has been made which could potentially take a year?

    A thousand thanks for all your help :)

    • Immigration Pty Ltd

      Heidi

      Yes he’d stay on the Tourist until it expires (after 3 months) and then the BV cuts in.

      GW

  140. Dear Grant,

    I have the same issue as Heidi (comment above). My partner is currently on a working holiday visa and by the time it expires, we will have lived together exactly for twelve months. We want to apply for the relationship visa but as you have explained, it’s risky applying on the last day. We have been a couple since last year August in the United Kingdom, but due to living next door to each other, we found there was no need to live together until we both travelled to Aust. I am an Australian citizen. What options do we have? Any advice would be much appreciated as we’re pulling our hair out!

    Thanks for your time.

    Adam

    • Immigration Pty Ltd

      Adam
      Any other visa will do in the short term. 2nd WHV, visitor visa, student visa, anything will do. Once you get past the 12 months lodge the application. I gather realtionship registration is not an option for you either.
      GW

  141. Dear Grant,

    I have applied for onshore visa 820 since may 2010.i use migration agent for that.i wanna ask and need help.i got letter from imigration that asked me to do police record check and send the form to afp in canberra.sshould i do the fingerprints any more because last time i have done when i apply my visa.i tried to call my agent but she never reply back to me.and finally i knew that my agent was not register anymore in imigration.what should i do about police record check that immigration asked for?thanks

    • Immigration Pty Ltd

      Eva
      You do not need a fingerprint check for AFP.
      Do it now and send it in asap. It’s all online now. Do a Google search.
      GW

  142. Hi Grant,
    It’s Michelle again who left a comment yesterday in regards to the partner visa we applied for my husband January 2012. Thank you very much for your quick reply.

    In regards to clause 3004, normally, in what situation can it be waived? I’ve googled a lot and read some previous MRT decision in regards to this schedule, saw someone mentioned a case (Re Canty (IRT Decision 1688, 16 February 1993: an applicant has become illegal through the expiry of a visa whilst their application for another visa was under consideration by the Department) but could find it on the internet. Do you have any link that I can refer to?

    From my understanding by summing up those readings, as my husband was ceased to hold a substantive or criminal justice visa on or after 1 September 1994 (3004 a), he needs to meet the following c-h criteria. Main concerns from most cases are (c) the applicant is not the holder of a substantive visa because of factors beyond the applicant’s control; and
    (d) there are compelling reasons for granting the visa.

    When he completed his first accounting master degree in March 2010, he didn’t meet 885 criteria as he hasn’t got IELTS 7 for the English requirement and the master degree is only 1.5 year. He went to the same agent who applied his first student visa on his behalf, (obviously they have office in Sydney….), they suggested him to enroll in another course and apply for a new student visa while he can then try to achieve the required IELTS score. The agent mentioned that the second course must be closely related to the nominated skill list as well in order to meet the 2 year requirement. They provided him some options and he chose the Finance Graduated Certificate course at Curtin University. Honestly, this course cost more than anything else on the list. It contains four subjects, $2000 each, other diploma course only costs around $1500 for the whole session and don’t even require attendance. He chose this one because we thought, if we pay for it, at least he could actually learn something. The agent then lodged the student visa application with the COE after he paid all tuition fees. Until then, we have no idea that Graduate Certificate was not an eligible course for 885 application. It has to be something like bachelor, master or diploma degree. Of course, the agent didn’t say anything.

    In Dec 2010, he achieved IELTS 7. As soon as he finished the Graduated Certificate, we hand in the 885 application. Again, we hired the same agent….and like usual, they didn’t see any problem with our application. I really wished that me or him at least had a look at the DIAC website before we chose the course, or browse it before we hand in the 885 application which would avoid everything.

    In September 2011, the refusal decision was made. Pointed out that the second degree was not an eligible course so it can’t be taken in to consideration as part of the 885 application. So they can only make the decision based the Master degree. Obviously, the master degree is only 1.5 year and by the time we applied 885, it’s been more than 6 month from the completion date which is another requirement for onshore 885 application.

    This was the first time we realized the problem….We decided to lodge a MRT review as we thought it was never our intention. After we got married, we lodged the 820 application and here’s where story in regards to his BVC started.

    And now, the work rights, property settlement and schedule 3… hehe

    Another question, for the worst scenario, if the 820 was refused, how would it affect further offshore partner visa application?

    • Immigration Pty Ltd

      Michelle Too much info if you expect me to read all this you need to be a little more concise. We are very busy and this is for free! I do not see that you will be able to get the 3004 waiver from the info you provide. It is quite difficult to get these requests through as the requirements are quite specific. There are no ‘links’ to this type of information. You really do need good professional help from someone experienced in this area but I say again my assessment is that it will not be successful. GW

  143. My partner and I started a relationship in Germany in September 2011. He’s Australian so we decided to come to Australia in February 2012 and I got a WHV. We did not live together while in Germany.

    We first started living together in March 2012. My current visa will end at the start of February 2013, so I will need to apply for a de facto visa in January. Will it matter that we haven’t been living together for the full 12 months before applying? Or will it be okay as we have been in a relationship since September 2011?

    Also, is it important for the sponsor to have a full-time job?

    Thanks!

    • Immigration Pty Ltd

      Em
      If you apply before the 12 months without relationship registration the application will be refused.
      GW

      • Thanks so much for the advice Grant, I will get the relationship registration sorted asap. I just have one more question – I have been living with my partner since March 2012 but it is only his name on the lease. I have proof from the landlord and real estate agent that we are both living there together and I am also on joint accounts for the internet, electricity etc. but not the main lease (and it’s too late to be added to it now). Will this still be counted as time living together or is it more important that both names are on the lease? Thanks in advance!

      • Immigration Pty Ltd

        Em No it does not matter at all. Use the other evidence. GW

  144. Hi Grant,

    I met my bf via online. Been corresponding and we are planning to take our relationship to a higher level. Will be seeing each other soon. I would be flying to Australia to meet him and his fly and my family members too. I am a Dutch citizen and I have two daughters with me. I need your advice on which visa would best suit us to be there and live as a family. And the second question about the prospect marriage visa. It’s valid for nine months. if I get married within that period of time, can I be there with my girls and apply for the temporary visa from there and followed by pr later? Or must I come back to holland after getting married and apply for another visa? Pls highlight me on this matter. Your advice is very much appreciated. Thank you.

    • Immigration Pty Ltd

      Shashikala
      Sounds like the Prospective Marriage visa TO 300 is the best option as you cannot meet the criteria for a direct Partner visa application.
      Once you are here on the TO 300 and you marry you apply onshore (herer) for TR and PR.
      YOu will need to get full court custody to bring your children to Australia and usually consent from their father in writing. It is very difficult to move children from one country to another.
      GW

  145. Hey Grant

    My partner’s student visa will expire on 15 March 2013. We are intending to apply for defacto visa and I will be her sponsor.
    We started living together since 15 March this year. We have joint bank accounts, tickets + photos of our holiday together, love cards, shared utility bills and we can easily get 3 stat dec confirming our relationship from friends. I will put her down as a beneficiary from my super shortly, and so will she.

    I guess my question is, would we be able to make the defacto visa application on the day that her visa expires?

    Thank you,
    Ed

    • Immigration Pty Ltd

      Edwin
      You must be living together for 12 months – one day short can be a problem.
      Have you considered Realtionship Registraion if you are eligible?
      GW

      • Hi Grant

        Thanks for you reply.

        I dont’ think we can because we live in WA.

        By the time my application is assessed I think it will be more than 12 months that we have been living together, what do you think?

        Another query I have is, the current tenancy agreement is only on my name and my sisters name. Would that be OK?

        Thank you,
        Edwin

      • Immigration Pty Ltd

        Edwin The 12 month test is at date of application NOT date of assessment! NO WA does not have relationship registration. GW

  146. Hi there! Great information you are giving. I am with my boyfriend a year and a half – we are both irish and met while I was on a months holiday and he was on a sponsorship visa. I had used my two years whm visa and a further bridging visa while my own sponsorship was being decided but subsequently denied, which was before we met. After my months holiday we did the ling distance thing and I went back to Australia on a tourist visa august 2011 and we moved in together to get evidence to work towards me getting on his sponsorship visa. Unfortunately two months in I was caught working and deported in October 2011, getting the three year exclusion clause. My boyfriend followed home in February and we have been living together since. Unfortunately he mau needs to go back to Oz and I obviously really want to go too. I realize there are two problems here: 1) the exclusion clause – but I have heard it can be appealed and 2) we have only 6 months concrete evidence living back in the uk, two months in oz on the same lease before my deportation, and we have a lot of gatherings and holidays in the year and a half with photos / proof of hotel stays, flights.. Can you please offer some advice on our situation? Thank you so much! Laura :)

    • Immigration Pty Ltd

      Laura
      Confused. Need more info.
      What is the immigration status of the boyfriend…you say both Irish. Does he have Australian PR or citizenship?
      GW

      • Sorry Grant, we are both irish yes- he had a 457 sponsorship visa which ended in February when he left to come home – he is able to get the same sponsorship visa with the same company and he was thinking to apply for PR so that we could then apply for a fiancé visa but as this would take many months we were hoping to just put me on the 457 visa when he reapplys for that- but what I am wondering is it pointless when we don’t have a full 12 months proof of living together and I have the exclusion clause? Or would they consider the 6 months living together in the uk and the two months we had in oz plus the year and a half worth of different things such as holidays and gatherings – would that be in any way sufficient? We have the lease and bills in both our names but no joint bank account – hope I am making sense! Thanks again, Laura

      • Immigration Pty Ltd

        Laura The defacto will be OK but the exclusion clause will mean you won’t get a visa. GW

      • Thanks so much for applying.So your saying it’s not possible under any circumstances to appeal to have the exclusion clause waived if trying to apply for this visa? But the proof we have together would be enough?

      • Immigration Pty Ltd

        Laura You can ask to have the ban lifted but you’ve got to convince them that there is a benfit to Australia. THat won’t happen I’m afraid. So yes a ban is a ban. Grant

      • Thats dissapointing.thank you for your help anyway!

  147. Dear Grant,

    I would like to start off by thanking you for painstakingly taking out time and answering small but significant queries for us all. I sincerely appreciate your efforts, especially since I have had a horrid time with my ex-MARA agent.

    I have some queries regarding a partner visa application that I filed at the Sydney office in September 2011. It has now been over 11 months since I applied but have not heard back from the department as yet! From reading your blogs I understand that was because I hadn’t included my medicals when I first applied – thanks to my agent who did not inform me of the ‘decision-ready application’ concept. In June 2012, I removed by agent and also sent across the medicals to the Department.

    Last week I called the Department of Immigration to find out the most recent processing times, and during this conversation I was informed that as I had exited and entered Australia in November 2011 (while on my student visa) and had not reinstated my BVA on my return – I was living in Australia as an unlawful non-citizen since March 2012 (when my student visa expired). On the same day I went to the Department office and got the BVA reinstated – they understood that this was an unintentional mistake. This miscommunication again was due to lack of information provided by my agent. I hold an Indian passport and my fiancé is an Australian citizen

    I have 3 questions for you regarding my situation:
    • Firstly, do you think the unlawful non-citizen event could have affected my application and/or the processing? Could this potentially harm my application outcome?
    • Secondly, does my holding an Indian passport affect my application processing time? I am asking because friends of ours also applied for this same visa in June 2012, and in July 2012 they had their case office assigned – they are originally from developed countries.
    • Lastly, if I do not have a case officer assigned to my case by the end of 12 months since lodgement, is there any way by which I could assert on getting a case worker assigned ASAP?

    I look forward to your response.

    Thank you very much Grant!

    • Immigration Pty Ltd

      aac
      1. No
      2. No
      3. No
      Basically you just have to wait with everyone else. They ave about 20000 onshore partner applications and you one is in the pile somewhere.
      GW

  148. Dear Grant,
    I just got PR with my three daughters in Australia .Now going to apply for my husband and son (suffering with cerebal palsy ,already medical treatment visa once refused before my PR) on one spouse visa application .
    I was on student visa here previousley since last 2 years .
    What you think
    1: processing time could be ?
    2:success %?
    3:Will they ask for assurance of support or straight forwardly refuse ,due to medical condition of my son.?

    Bushra

    • Immigration Pty Ltd

      Bushra
      First why were the other family members not included in the inital application?
      Did you decalre them when you made this application?
      It will be a battle to get your son a visa due to his medical condition. THis will greatly increase the processing time as you will be dealing first with the Commonwealth Medical Officer and then the Health section.
      I’m not seeing right now how you could have got PR if you declared your son on your application.
      Can you expalin?
      GW

  149. Hi Grant,
    Great Blog – some great info.
    Question – Have been with my foreign girlfriend for almost 2 years now. We spent the first 6 months together in Australia living in my place, then she had to go back to her country to finish university. I stayed in Aus to finish my studies as well. When finished (we spent 1 year apart… yes wow) I came to her country and am still here now. I’ve been here for 9 months. We are looking to get back – question is, we’ve been living together – but cannot really prove this as we’ve been in the family home, so no rent slips etc. We can definitely prove our ongoing relationship for the past 2 years – even with the distance (emails, photos etc). Would this fly? Or we’re wasting our time?
    thanks mate..

    • Immigration Pty Ltd

      Garth
      Yes if it is all properly presented to DIAC. get Stat Decs to tell the story of where you were living.
      If you’re worried get professional help
      GW

  150. Dear Grant,

    Below is a query I posted earlier last month:

    ( My partner is currently on a working holiday visa and by the time it expires, we will have lived together here in Australia for exactly for twelve months. We want to apply for the relationship visa but as you have explained, it’s risky applying on the last day.

    We have been a couple since last year August in the United Kingdom, but due to living next door to each other, we found there was no need to live together until we both travelled to Aust. I am an Australian citizen. What options do we have? Any advice would be much appreciated as we’re pulling our hair out! )

    We have now had our relationship registered and have a certificate to verify this. Would it be possible then, to apply 11 1/2 into our defacto relationship with the registration certificate in our arsenal? Would this be a good idea? I have contacted the Australian immigration and they have informed that it is not possible to apply for a tourist visa as my partner’s intentions are not to tour Australia. A second WHV is not a great idea for us either given our situation. So without having to extend my partner’s visa, would it be a good idea to apply 11 1/2 months after we have lived together with the certificate?

    Thanks again for your time Grant.

    Adam

    • Immigration Pty Ltd

      Adam The relationship registration sloves the problem. You can apply immediately. GW

      • Thanks very much Grant! We have received the certificate last month and applied for it through QLD. Me and my partner will make the application in Dec so that we’re 11 and 1/2 months into our de facto relationship. Just out of interest however, applying for it now would still be ok??

        Thanks again,

        Adam

      • Immigration Pty Ltd

        Adam Yes once you have the certificate you are qualified. GW

      • Hi Grant,

        I know it’s a little bit too late for my query but I am really glad i found this page coz i am really having a lot of confusions about applying for defacto visa. And i hope you can help me.

        I am a Filipina and I have an Australian bf and have been together more than a year now. We take turns in visiting each other every 6 months, he comes to MNL and i visit him in AU. But due to work we can only be with each other up to the maximum of a month. We are both single with no kids and never married but marriage is not really an option for us to be together. We are planning to apply for a de facto visa but we haven’t lived together for 12 months yet and he doesn’t support me financially (ive read on immi site that we should be sharing finances together). Our plan on my next visit is for me to resign from my current job so I can stay in Australia for three months holding a visitor visa and register our relationship. By that time, we will be turning two years together. My questions is: if we register our relationship, would that waive the 12 month living together requirement?

        I hope to hear from you Grant. Thanks.

        Cheers!

  151. Dear Grant ,

    First of all thanks for yours quick answering ,Your wonder regarding getting PR is right.Yes I declared my husband and son on my application and DIAC already know all story .I got my PR through 866 visa.
    Now wondering not can go back to see them ,so how long their application can take?(spouse visa including son on same application).
    I expect first of all it will be rejected .But question is that being resident now as compared to before when I was on student visa what is difference ?

    Regards
    Bushra

    • Immigration Pty Ltd

      Bushra Yes it means you can now apply so it’s different. Children with medical issues are always a huge problem. How long – no one can tell you this it depends on so many factors. Sorry we do not make recommendations as we cannot control what other people do. GW

  152. Can you please recommend me any good lawyer who dealt successfully with such complex medical cases?

  153. Dear Grant,

    My partner and I are about to apply for a 820. I have been gathering information and reading through the various bloggs and other stories around, but could do with a little clarification on the following please if you can:

    I have two children back in the UK. One 5 and the other 10. I haven’t had contact with them for 3 years or so now due to an not so friendly ex!! Is this going to cause me problems when applying as I am not going to be able get any details as in passport details from them or medical information from them. I did read in Booklet 1 you can not include children on your visa application who are not with you anyway?? I am just a little confused with which way to go with this!!

    Regards, Steve

    • Immigration Pty Ltd

      Steve
      You must include them as non-migrating children. DIAC will require them to have medicals and they will need to pass those medicals in order for your visa to be granted. Yes you will need their details (not passport numbers) DOB etc…
      The reason for this is that in the event that at some stage in the future you want them to come – eg some disaster befalls their mother and they are left alone in the world, they must be pre-qualified. This is the case up to 25 years with kids who are still at home and studying etc..
      It’s a pain but if you want to play this game those are the rules.
      GW

      • Hi Grant,
        Thanks for your reply. It will be impossible for me to have medicals done for my kids. Trust me, a bitter and twisted ex…. not a chance! I understand they need to be included, but, the DIAC must be sympathetic towards situations such as mine??

        Steve

      • Immigration Pty Ltd

        Steve
        DIAC will still require this however there are provisions under which they can waive this requirement if a custodial parent (ex) simply refuses to consent. It will be a negotiation and they will want to confirm this situation themselves in some way and it will slow down the processing. BUt…you don’t have any other choice.
        GW

  154. Thank you Grant for your help. :)

  155. HI Grant,Thank you so much for providing invaluable suggestions.
    I got my 485 visa on 26th July 2012.Thank you so much from bottom of my heart for guiding me regarding my 485 visa complexity.I got married on 27th June 2012 and my wife is in Nepal now I want her to apply partner visa and bring her in Australia.Bit confused through which form should she lodge her visa application, is it form1276 or some other form is there for 485 partner visa.Where can she lodge her application in Australian High commission,India or Adelaide Visa processing Center.Waiting for your invaluable suggestion again…

    • Immigration Pty Ltd

      GRG Yes it’s the 1276 as a subsequent entrant. If you read it all closely it tells you to only fill out certain sections for a subsequent Entrant. Yes send it to ASPC as with your 485. GW

  156. Hi Grant, my name is Heather, my husband and i lodged our spouse visa in Indonesia on the 22nd Febuary 2012, we were told on the 7th May 2012 that at this stage an interveiw would not be required, my husband has done his medical and our application was complete, they sent us back our photos and some other paperwork we lodged.. Just wandering how much longer as we were both told by our case officer via email approx 7 months… I hope we are getting close we have been together 7 years and married 2 years.. Thanks

    • Immigration Pty Ltd

      Heather
      They usually stick to what they say especially in cases where the relationship is long=term like you one – so Sept/Oct seems likey but in the end it’s their decision.
      GW

  157. Hi Grant, I have been reading your Blog and you provide good information. I have a few questions about lodging a partner offshore visa. Firstly my husband is in Ghana and I am an Australian by birth. We met on the internet over 18 months ago and and communicated in various forms over this period of time. We made the decision to marry and I travelled to Ghana and we married in June. We are now preparing the partner application. We have Form 40SP, 47SP and 80 but I have a few questions. Form 40SP – Q 37 – I receive FTB from Centrelink do i need to state it here? Form 47SP Q 27 – Address for 2nd stage visa – Do we state the Australian address assuming he will be living in Australia at that stage? Q 92 – Application charge – The application will be submitted in Ghana can I complete my credit card details here for payment? Part N of Form 47SP – signatures – Does my husband sign both sections sig of main app and then sign again? Form 80 – Q 31 – Does this mean my birth certificate as I’m not sure what other documents they are referring to? Q 35 – Are you applying for a temp visa Yes or No – My husband does not have any flight details at present?

    Thank you in advance if you can be of assistance.

    • Immigration Pty Ltd

      Afia
      If you receive benefits you need to declare this as income in this question. The Australian address for 2nd stage processing.
      My advice is to pay the fee here in Australia (if you are here) and submit the DIAC receipt. Overseas credit card payments are often a problem in Africa.
      He signs once for each declaration only.
      Form 80m is for the applicant not the sponsor.
      He is applying for PR.
      Leave this one out.
      GW

      • Hi Grant,
        Thank you for your responses to my questions. I would like to further clarify some things regarding those questions. Form 40SP – Q37 Do I need to include the payment amount for my FTB or just state that I receive this benefit? Form 47SP – Q92 I am the sponsor & the Australian citizen living in Australia & will make the payment here but am wanting to know how I pay the $2060 partner visa fee for lodging the application outside Australia? I know I can pay by credit card but how is it done so that a receipt is issued to me? Lastly Form 80 – Q31 – Does the applicant currently have, any national id documents or numbers (including birth registration numbers,social security cards etc)? I am aware that this form is for the applicant however this question looks like it relates to the sponsor being myself – exactly what is to be written here if anything?

        Kind regards
        Afia

      • Immigration Pty Ltd

        Afia To answer your very specific questions I have to get a form and I really don’t have the time. to do this …I’m very busy. I do not think it asks for an amount on the form. Go to the DIAC office near you and say you want to pay a DIAC fee for an application to be lodged overseas. Easy. Of course they give you a receipt and you put the receipt number where it asks for it at that question (92) Form 80 is not for you as I have already said. Applicnat’s details go there not your details. GW

  158. Hi Grant,
    Both my partner (American) and myself (Aussie) are looking at lodging a Prospective Marrige Visa next yr. We met on the internet a yr ago I went and stayed with him for a month in the US and he is about to come out here and spend 3 wks with me and I will be back in the US for Christmas to spend time with him and his family for 3 wks. So we have enough evidence. Now my question is with the health checks I understand that he and his family unit will need to have this done but what about my family unit? I have MS which has no cure but could this cause our applications to fail?

    Cheers
    Natasha

    • Immigration Pty Ltd

      Tashmcgee
      You are already an Australian,. You are not applying there are no health checks for Australians.
      GW

  159. Dear Grant,

    I am in a somewhat complicated situation. My fiancee and I have been in a long distance relationship since Sept 2010. We have not officially lived together hence do not have both our names on any utility bills or lease but have been making trips to see each other over the last 2 years. I am an Australian PR and she is in Malaysia. We are planning to get married in Sept 2012 and submit an offshore partner (spouse) visa 309 in Malaysia in Oct 2012. Is this a wise decision?

    • Immigration Pty Ltd

      Keith
      You can only apply after you have married and actually started living together. Wise? I don’t see any other options unless you want to live together over there for a while before you apply to get some relationship evidence however you’ve already been back and forth so it will be fine.
      GW

  160. Hi Grant

    Firstly the information you are providing is fantastic thankyou so much for this service. My situation is very complicated so i hope you can give me some advice or insight…

    I met my partner in 2009 and we started living together in may 2010 we officially got a lease together that sept and moved towns to find work.He contacted his lawyer from his home country who assured him he had a right to be in Australia due to living with me, a citizen. We continued working and his original visa expired however due to the advice given he stayed and continued working (on tfn obviously). In 2011 i fell pregnant and whilst applying for centrelink when our daughter was born realized our mistake and after a little research found we should of officially applied for a new visa. I have filled out the applications now and included all relevant documentation and have had thec application checked by my fathers lawyer to ensure ive left no page unturned. However my question is this, how likely is it that immigration will grant his temporary residency partner visa? We have a daughter together and his income supports our household will this be enough of a compelling circumstance to overlook the accidental overstay?

    Sorry for the long post but im so worried about the outcome of our application for our girls sake.

    Thankyou.

    • Immigration Pty Ltd

      Arabella
      The simple answer is yes as you’ve been living together for more than 2 years and you have an Australian citizen child together.
      There are a number iof potential problems with perople who are unlawful but the long-term nature iof the relationship will override them.
      GW

  161. Hi Grant , My case is in MRT because my student visa application was refuesd.and i will be waiting for 1 and half year.I am in relation with my partner for six months ,while i am waiting for mrt decesion can i apply for partner visa?

    • Immigration Pty Ltd

      Rizi Not at this time as a) your relationship does not qualify and b) you have a section 48 bar on onshore applications for the refusal, and c) you are on a BV which also creates an onshore application bar. When your relationship qualifies you can over come the s48 bar but you’ll need to be together for 2 years to overcome the Schedule 3 BC+V bar for an onshore application. GW

  162. Hi Grant,
    Thank you so much for your advice!!
    My submission is almost all sorted for now and I have just made an appointment to hand it in by person – although I have to wait for 2 weeks.
    My question is – how long will the 888 statutory declaration forms last for? Because of the wait to I fear that they will lose their validity by the time I hand them it.
    I vaguely remember that its 6 weeks, is that correct?
    Thanks again!

  163. hi grant,
    i have a querry about obtaining police certificate and my case officer gives me 49 days and the clock is ticking i rcvd an email from my case officer aug 6 2012 and i have 34 days go .if i cannot provide the police certificate in qatar will it be possible that my application may delayed the decision ? im in a de facto relationship \. and my partner is giving birth on october 17 2012. and we have letter asking the immigration if i can come to australia i stay in the philippines and she is in sydney , the doctor told her she has a placenta previa , and she dont have any support with her family how can you advice me what to do?

    thank you !

    • Immigration Pty Ltd

      Wendell
      If they want a Police cert from Qatar
      - yes you must provide it and no they will not grant the visa without it.
      DIAC do not usually allow applicants to travel to Australia in these circumstances.
      You can try to get your partner to see her local Federal member of parliament personally and see if they can exert some influence to get you here for the birth – works some times.
      GW

  164. HI Grant,,
    Problems with visa keep coming back to haunt me!
    My submission is ready, everything is good to go until I just found out that I may have to move interstate for work.
    How will that affect my visa application, seeing its on the ground of de facto relationship and we will be living apart?

    • Immigration Pty Ltd

      Julie
      DIAC expect you to live together or at least not apart on a permanent basis. When will you lodge the application?
      GW

      • In 2 weeks time. But the position will be commencing Feb next year.
        Perhaps I should just hope for the best – that it will be granted then.
        Plus I will traveling back to live with him over the weekends and it should only be for 12 months.

      • Immigration Pty Ltd

        Julie I’d keep all this to yourself. DIAC will not be impressed. Sometimes providing too much info about temporary things is a mistake. You read between the lines! GW

  165. Hello,

    I applied for my spouse visa from India and my husband is a PR of australia. I filed for my Partner visa on 24 April 2012. I have completed my Medicals and I already submitted my Indian police check certificate, my medical receipts, proof of relationships and all required documents. I did my masters in Australia and stayed there for near 2.5 years and so I also submitted my Australian national police check certificate. I called my case officer and she told me all the papers are done and she has forwarded my file to a senior officer for decision. It’s been 6 months we got married and m waiting to see my husband as soon a possible. Can you please suggest approx how much Time it’s gonna take from now.?

    Thank you

    • Immigration Pty Ltd

      Mansi
      DIAC quote 6 to 12 months. Our most recent o/s partners seem to be taking about 8 to 9 months. So maybe a little longer.
      GW

  166. hi grant

    i was in australia before 3 years as a student, my further study visa application was refused and i did mrt its almost 1 year .Now i am married with a permanent resident girlfriend before 2 month and started living together.actually we were in relation more than one and half year and she use to help me in renting , study( financially and everything.).i am still studying dont know when mrt reasult comes out . can i apply for any visas now, can u plz reply .

    • Immigration Pty Ltd

      Shan
      You are not currently eligile for onshore partner as you are on a BV and Schedule 3 of the Migration Regulations will prevent an onshore application. Also you have an onshore application bar from s 48 for your refusal. The s448 can be waived but you will need to be in the relationship for more than 2 years to have any hope of waiving the Schedule 3 ban.
      You should get professional help to lodge your application as you have complications.
      GW

  167. Hi Grant,
    Wow so happy to find your blog. Thank you for it.
    My fiance (in UK) and I (in Oz) have applied for the 300 Prospective Spouse Visa (in UK), application lodged mid June 2012. I know everything says the wait time is 5 months but I was wondering if my fiance can apply for and travel on a visitors visa while we wait for the 300? We don’t want to do anything to jeopardize our application; but really this wait time is a killer.
    Claire

    • Immigration Pty Ltd

      Claire
      Generally DIAC don’t grant tourist visas if you have a pending partner stream application. Howvere it can happen from places like the UK. Your partner must however be o/s at time of TO 300 visa decision and grant.
      GW

      • Thank you Grant. So… hypothetically speaking of course… my fiance could travel to Oz on a VV… then… when the 300 visa is granted, he could nip to NZ and return as a prospective spouse? I know it is cheeky but… Claire

      • Immigration Pty Ltd

        Claire Yes that is potentially possible. GW

      • Hi again Grant. I read on the Immi site that they take into account ‘compassionate grounds’. What does a government department consider compassionate grounds? Thanks.

      • Immigration Pty Ltd

        Claire THis does not apply to your situation. The best way to undersatnd this is to say that you would not want any of the things DIAC would see as compassionte to befall you just to get a visa. So we are talking about serious illness or major accident etc. GW

      • Claire Kelly

        Hi Grant. Earlier this year I suffered a miscarriage and wondered if they would see this as compassionate grounds for allowing my fiance entry to the country.

      • Immigration Pty Ltd

        Claire I doubt that DIAC will see it that way. GW

  168. Hi Grant
    Me and my defacto partner have applied for PR and we will soon be assigned a CO in next couple of days.

    We need your help with De facto evidence. We have read all the blogs, Fact sheets but unable to find the right direction for our case.

    I met my partner(student at that time) in OZ when i came here for business trip. We fell for each other and decided to stay together. We stayed in my hotel for close to 1.5months and went back to my home country. I was expecting to come back for work for a longer period to Oz later that year.

    During the period we were apart we were in constant touch. He came to see me after his exams and we stayed together for a month after which he left to visit his parents in another country.

    We both came back to Oz around the same time and since then have been living together.

    The issue- The duration for which we have been staying together in Oz at the time of visa lodgement is 10months. Considering we stayed in hotel and in my home country gives us another 2 months. Technically we fulfill 12monhts living together requirement. However, we are not sure if DIAC would consider our 2 months of fragmented duration of living together. The fact is it was genuinely not possible to stay together during our period of separation because my partner was a student, he could not leave his course and I had a good job and I did not have a valid Oz visa. We are not sure if we should apply for a waver or our 12month of living together will be considered? If we apply for a waver the reason I gave above qualifies?

    We are desperately wanting a good direction as I think we have a good case but we are lacking presentation.

    Thanks heaps in advance. Looking forward to hearing from you.

    Sally

  169. Hi Grant,
    If my Australian PR partner has been separated from his wife in India for 2 years (because it was a loveless arranged marriage) and we are in a de facto relationship for that period, can we apply for partner visa based on de facto relationship even though his divorce is no finalised? Thanks
    Jo

  170. Hi Grant,
    I have another question. If I decide to go back China before applying for my 309 partner visa. In order to submit a decision-ready application, should I do my medicals before submitting my application or after ? The China panel of doctors do electronic reporting, so don’t I need a referral letter to bring to them to do electronic reporting? And I can only get such a letter from the Australian Consulate-General after i submitted my application right? But will it then make my application non-deision-ready without the medicals? Thanks
    Jo

    • Immigration Pty Ltd

      Jo Lee
      There is no ‘decision ready offshore 309 process – it will take at laest 9 months in China.
      Apply onshore.
      Yes you cannot supply the medical for the reason you state.
      GW

  171. Thanks Grant. I’m really surprised Immigration Department endorses de facto relationship while one of the parties is married. I thought that will be endorsing a form of adultery. That’s why I thought we could not apply until his divorce is finalised. Jo

    • Immigration Pty Ltd

      Jo Lee Millions of married people live in de facto relationships worldwide. Some countries do not allow divorce for example. GW

  172. Hi Grant
    Me and my defacto partner have applied for PR and we will soon be assigned a CO in next couple of days.

    We need your help with De facto evidence. We have read all the blogs, Fact sheets but unable to find the right direction for our case.

    I met my partner(student at that time) in OZ when i came here for business trip. We fell for each other and decided to stay together. We stayed in my hotel for close to 1.5months and went back to my home country. I was expecting to come back for work for a longer period to Oz later that year.

    During the period we were apart we were in constant touch. He came to see me after his exams and we stayed together for a month after which he left to visit his parents in another country.

    We both came back to Oz around the same time and since then have been living together.

    The issue- The duration for which we have been staying together in Oz at the time of visa lodgement is 10months. Considering we stayed in hotel and in my home country gives us another 2 months. Technically we fulfill 12monhts living together requirement. However, we are not sure if DIAC would consider our 2 months of fragmented duration of living together. The fact is it was genuinely not possible to stay together during our period of separation because my partner was a student, he could not leave his course and I had a good job and I did not have a valid Oz visa. We are not sure if we should apply for a waver or our 12month of living together will be considered? If we apply for a waver the reason I gave above qualifies?

    We are desperately wanting a good direction as I think we have a good case but we are lacking presentation.

    Thanks heaps in advance. Looking forward to hearing from you.

    Sally

  173. Dear Grant,

    My situation is a bit complicated, I have overstayed for a year. My missus is australian and we are getting married in Australia on October and then we are going to southamerica on January to get married too. (We have being living together for 2 years) Now,we went to a lawyer and he told me that even if i dont have a visa i can apply for the partnership one in case i want to come back, but my visa has expired. not cancelled or refused. And i dont have any conditions in my visa that wont allow me to apply according to the lawyer.

    And even if I can apply with an expired visa, the problem is that I have being working without a visa (ABN and tax file number) so this is my main concern.

    I dont mind waiting 2 years in southamerica to apply again, but as we are saving for a house, i rather dont give away $3000 for free.

    Have you come across to a similar situation or have any thoughts?
    Thank you
    Javier

    • Immigration Pty Ltd

      Javier
      Yes and yes your lawyer is correct you can apply but in your case it will have to be an offshore application unless you have very solid documents to prove your 2 yaers here together. You have to get around Schedule 3 of the Migration Regulations. Ask the lawyer about it.
      GW
      GW

  174. Hi Grant,
    Me and my partner going to apply for partner visa onshore. So would it be take longer processing time if we lodge the application by our own? And how to lodge the decision ready application?

    Thanks and looking forward to hear from you.
    Cheers,
    kin

    • Immigration Pty Ltd

      Kin
      Try reading my Blog post on this subject. See Decision Ready applications plus ther are 2 posts on lodging Partner applications. Have a look!
      If you can put together a perfect application it will processed in the same time as a perfect one lodged via an agent.
      GW

  175. HI My husband is going to apply soon for offshore visa from pakistan. I am just worried about processing time. If me and my husband do everything correct then could it take less than 12 months?

  176. My prospective husband (ie; we have not married yet) is in India as his extension for a student visa to Australia was refused (He previously was a student in Australia and was refused due to incorrect information given to him by an immigration agent). We have been in a relationship for 8 months now. I am an Australian PR. We were advised to apply for a prospective marriage visa (so that he would come here and we would get married in Australia). However, I recently realised that then after the 9 months we would still need to apply for the partner visa again and hence go through all of the doucmentation again. We have not lived together as he was in Melbourne, and i in Sydney however we have proof of visits to each state. We are wondering if it is better for me to go to India and marry him there and then lodge a partner visa instead? As we know that we want to get married anyhow. We do not know if our application will be less likely to be approved this way due to his previous visa extension being refused. Also, if the prospective visa application is the best way for us to go, once he arrives in Australia and we marry, are we able to apply for the Partner visa before the 9 months is up? or do we need to wait till the 9 months is finished? And during this partner visa process, will we be able to go Overseas to Europe to study? I hold an Italian passport as well, as once married will apply for him to get one also. I thank you so so much in advance, Yours Kindly, Emily

    • Immigration Pty Ltd

      Emily.
      Both visas are available options. There is no correct answer. You are correct in saying that the direct partner application after marriage will be one less application. If you get the Prospective Marriage and marry you can apply for the Partner visa straight away – so no you don’t need to wait 9 months. Generally you should remain in Australia during the processing of the partner visa but travel is not prohibited. He mus be onshore / in Aust for the visa to be granted.
      GW

  177. Hi there, Grant. I just stumbled upon this blog and have found it very thorough and helpful. I have some queries about my own situation and I would appreciate your advice.

    My partner is an Australian citizen; I am a Singaporean. We have been together for 12 months. Currently we live together in Melbourne and I’m on a 457 working visa. We would like to move overseas in 2014.

    If I apply onshore for a de factor visa now, will our move overseas affect my validity of my application? Would we be better off waiting until 2014 and applying offshore (309/100)? If so, upon being granted a 309 visa, must I come and live in Australia while awaiting the outcome of my permanent (100) visa, or can I wait it out from overseas?

    Thank you in advance, Grant.

    • Immigration Pty Ltd

      MissBee
      If you are going O/s in 2014 I’d apply onshore now so you will be able to travel on the 820 TR Partner visa. The processing time even for non decision ready applications is around 12 months and if you get the application decision ready it may only take a few weeks.
      GW

  178. hi
    my partener with indian citicenship is going to australia ,i will be joining him there after 6 months,so can i apply for spous visa?

    • Immigration Pty Ltd

      Meenakshi
      Going to Australia? How On what visa? For how long? To do what? More ifo if you want an answer.
      GW

  179. hi grant
    im hoping you can help me im getting different information from everywhere….. my partner recently went to australia we have been together for 2 yrs & living together for 1 .. he moved in to my house so all bills were already in my name … the only proof we have of living together is a renewed contract from my landlord stating he was living here is this enough???? also i have a daughter from a previous relationship but her father is willing to let her go for a better life n is willing to write d letter required do i need more than this??? once my partners sponsorship has been granted we plan to apply for defacto visa asap…however d questions of schools for my daughter is d problem … the school year differs in perth therefore she would b starting over there in august 2013 so we would like to b there a month or 2 before hand to check out a few different schools …. can we travel on holiday visa & then get a bridging visa out there will waiting for the defacto to b processed…if that is possible can she attend school while on this bridging visa??? my partner can not get sponsored till january 2013 as he is waiting on his trade license to come through but kentz construction the company he will be working for have assured us he will be getting sponsored as soon as he starts work with them… he got this job through his uncle being director of this company so that really is not the issue. hope u can answer my questions in full for me
    thank you
    Nathalie

    • Immigration Pty Ltd

      Nathalie
      No that will not be enough relationship evidence.
      What visa is your partner applying for – you say sponsorship?
      To bring a child to Australia you need a lot more than a letter from the other parent. You will need full court granted custody and I’d suggest the court also signs off on your ex partner’s agreement that the child be allowed to migrate with you.
      No you will not get a holiday visa once you have a partner application in process.
      You will not get a Bridging visa as this will be an offshore application.
      I would not worry too much about the school situation –
      How old is the child?
      GW

      • my partner is getting a 457 visa… obviously we have evidence we have been together like pictures holidays booked family n all call logs n skype calls we have recoreded since he left etc etc what else do they look for ??? my daughter is 6 so she is just about to start her 2nd year of school here…when i spoke to australian embassy here they told me it only takes 6-12 wks to get us on his visa once he has been approved.. this is not correct is it?? thats no problem about the court oreder i will get that processed asap… have you any recommendations on how to get us out there any faster i was hoping we would b able to go in june 2013 do u think this possible
        thank you
        Nathalie

      • also in relation to not being able to travel there while our visa is being processed because of it being offshore.. is it possible to just go out there on 3 month holiday visa n just put in the application when we are there then … that way would we b able to get a bridging visa???

  180. H thx for your reply. I was just reading people’s comments and i came accross about form 888. Is that form valid for 6 weeks? If it is older than six weeks its not acceptable? So do i need to re signed the form 888 from JP?

  181. Hello,
    Great page here. I have a quick question about your last comment, is there a hard-and-fast rule around how many years should a couple be together before applying? My wife and I met at the end of 2010, started a de facto soon after and got married early this year. We applied for 820 visa some days ago. My wife is on a student visa with BVA now, but I was curious about your last comment, but since I can’t see what is it that you’re replying to, I thought I’d ask
    Cheers
    Alex

    • Immigration Pty Ltd

      Alex
      De Facto relationship not registered the couple must be living together for a minimum of 12 months. Married or registered reakltionship there is no time specification.
      GW

  182. Hi there, Grant. I just stumbled upon this blog and have found it very thorough and helpful. I have some queries about my own situation and I would appreciate your advice.

    My partner is an Australian citizen; I am a Singaporean. We have been together for 12 months. Currently we live together in Melbourne and I’m on a 457 working visa. We would like to move overseas in 2014.

    If I apply onshore for a de factor visa now, will our move overseas affect my validity of my application? Would we be better off waiting until 2014 and applying offshore (309/100)? If so, upon being granted a 309 visa, must I come and live in Australia while awaiting the outcome of my permanent (100) visa, or can I wait it out from overseas?

    Thank you in advance, Grant.

  183. So sorry – I accidentally reposted because I hadn’t seen your reply. Please delete my extra posts! And thank you so much for your advice!

  184. Hi grant, just wondering i am waiting for my afp check letter is alright to send other papers for 2 nd stage partner visa 801 or should i wait.

  185. Dear Grant,

    So great to see your blog here regarding the partner visa. My husband is a PR and I came to Oz on a tourist visa and got married in Oz in Jul 2011. I submitted my onshore partner visa application in Aug 2011 and got my BVA (820/801) with no work condition. It’s been a year already and I still hvn’t heard anything from the immigration dept yet regarding my partner visa. I rang the immigration hotline for few times and told them that I didn’t include doc for the proof of relationship and would like to submit one and they kept asking me not to mail them anything until my case is assigned to a case officer. They also told me that all I have to do is to wait and shouldn’t submit any doc for now. The hotline officer also told me that I’m not eligible for an English course too.

    I just submitted form 1005 last week to ask for a work permit as we’re on financial hardship after not being able to work for a yr as the processing time is way much longer than expected. It’s been crazy and helpless without money and job and not being able to study too…What should I do now and how much longer should I wait for my visa? How long would they process my work permit application?

    Thx alot and your help would be much appreciated!!!
    Flora

    • Immigration Pty Ltd

      Flora
      DIAC Have a huge number of Partner applications at the moment and clearly they are not coping with the demand. Non-decision ready applications are taking more than 12 months. How long well I guess we will know when they give you a case officer. We have quite a few in the same boat so it’s not just you. The 1005 application should only take 10 to 14 days to be decided.
      GW

  186. Hi Grant
    I saw this wonderful blog by chance and was wondering if you could please help me. I have got bridging visa A from GSM 485 (with work). I met my husband in February this year and we got married 29 June 2012. I applied for an onshore partner visa 820 about 2 weeks ago and received 2 letters. One indicated that you was granted BVA with visa condition 8101: No work. The other requires my husband and I provide compelling reasons for applying the visa onshore and that I have to explain why not holding a substantive visa. This means that I now have 2 BVs, one with work and the other without work
    For compelling reasons, we are thinking of financial and mental hardship my husband might suffer. He currently owes $40,000 from the failure of his business a few years ago. He is paying off the loan and so can’t support me financially. Also, he has suffered from depression over the last 3 years and has been taking pills everyday to control depression. We also give reasons that if I have to leave, he will go with me to my country and apply an and this can severe his financial problems as I can’t make the commitment of paying the debt. If he doesn’t go with me, his emotional depression might be worse and might end up losing his current job that he struggled to have it.

    1. About the 2 BVs, am I allowed to work?
    2. Are the reasons compelling enough?
    3. Should I cancel this onshore partner visa and go back to my country to apply for an offshore visa and then come here using BVA from GSM 485?

    I am so confused when receiving the letter and I don’t know what to do. Had I known you earlier, I would have been better in making decisions.
    Please help me with the above questions. Thanks so much.

    Hieu

    • Immigration Pty Ltd

      hieungocnguyen
      Yes you have two BVs a BVA and a BVC nothing unusual in that as you ahve two pending applications. You are on the BVA and it has bno work – so no you cannot work.
      You also have a major problem as you do not meet the Schedule 3 Migration Regulations relating to lodging an onshore Partner visa while on a BV. This is the reason for the letter.
      I do not think that DIAC will see the reasons you quote as compelling. Their baic position will be that you should have lodged an offshore application or waited until your 485 was granted.
      I cannot really see why you lodged this application before yoyr 485 was processed unless you felt the 485 would not be granted.
      GW

  187. hi grant, just wondering i am still waiting for my afp check nd its delayed but rest of the other documents is ready for 2nd stage partner visa 801 should i send the documents or wait till afp comes in, thnks.

    • Immigration Pty Ltd

      Second post – please don’t do this – it does not help get a faster reply and basiclly just wastes my time! Already answered on the first one.
      GW

  188. Hi Grant,
    Me and my partner are being together 4 yrs and start living together almost 1 and the half year. My partner is PR and we are gay couple. I’ve heard that it is harder to get de facto visa if you’re a gay couple. my partner had called the immigration for some info enquiries. however, the person who answered the phone sound not really friendly and also make us feel hard to get the visa approve for gay couple. will it really take longer processing time and harder for gay couple to apply de facto visa?

    Although, me and my partner been living together 1 and the half yr. but meanwhile her job required her travel a week or 2 sometimes. is it consider continuing and genuine relationship?

    Which bridging visa will get me permission to work after i lodge the de facto application? what should i do to make sure that i will get the right bridging visa? i know i must hold a substantive visa if apply to another. However, Is tourist visa consider as substantive visa?

    Thank you.
    Lee

    • Immigration Pty Ltd

      Lee
      No that is not true. There is no discrimination in the de facto system that I have ever seen. Not sure who you talked to at DIAC but DIAC do not give advice on lodging applications they process applications and administer Migration Law.
      Yes your relationship will be considered as genuine. They travel for work is just normal behaviour for any working person.
      Yes a Tourist visa is a substantive visa and when you lodge a partner application from this visa (provided it does not have condition 8503 – No Further Stay) you will get a BVA.
      I think you should consider getting some help to lodge your application!
      GW

  189. Hi Grant,
    Before applying for the onshore partner application, a migration agent advised me to apply onshore. That’s the reason why I did it.

    Also, I may not be granted visa 485. I have got a negative outcome of skill assessment because AITSL didn’t recognise my BA’s degree even though the Australian university and TRB did.

    What do you think I should do now?

    Many thanks.

    Hieu

    • Immigration Pty Ltd

      Hieu Did they discuss the Schedule 3 issue with you? Did they know about the 485 problem? Find a better Migration Agent who can look at the 485 problem and also look at the possibility of geting the Schedule 3 problem waived. It is hard to do but not impossible. Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: http://immigrationptyltd.wordpress.com

  190. Hi grant thanks for ur last reply, just one more question as regarding to any photos we attach with our file do we have have to get attested from jp ( copies). Coz d jp i went said he dont have to do that and one of my friend she also send the copies of the photos withut any jp sugn nd got the visa.

    • Immigration Pty Ltd

      Harry Colour copy them and get them certified by a JP. All copies given to DIAC must be certified. Why do people make simple things so difficult – the JP should know better! Don’t believe what friends tell you about things they are not qualified in! GW

  191. Hi Grant,
    I was told that I could lodge an onshore partner visa, so I did. In fact, I don’t know what I should do now. I was wondering if you could handle the case and give me the best advice. I am in short of money at the moment so I don’t want to make any more mistakes. Can I email you through the above email address? Thanks
    Hieu

  192. so can we lodge the partner visa while im in australia on a tourist visa… can we register our relationship also when im there???

  193. Hi Grant,
    Thanks for ur prompt response.
    What do u mean by getting some help? Meaning from agent? Will it cause any problem if I lodge it oursself? What is the different for us to apply ourself and from agent?

    Kin

  194. Hi Grant,
    Thanks for your prompt response.

    What did u mean by getting some help? Meaning from agent? will it cause any problem if I lodge it ourself? What is the different to apply ourself and from agent?

    Lee

    • Immigration Pty Ltd

      Lee That is my suggestion given the questions you were asking. It’s your choice. A good agent will make sure your application has everything that is required. However most Partner applications are done by the applicant and sponsor. I do not normally suggest you use an agent unless I feel it may be necessay from the sort of questions I’m asked. GW

  195. H thx for your reply. I was just reading people’s comments and i came accross about form 888. Is that form valid for 6 weeks? If it is older than six weeks its not acceptable? So do i need to re signed the form 888 from JP? Also another question that is form 888 I have completed one from my father’s side and one from my father in law side. However my father in law is pakistani resident and my father is australian resident. So Is it right or both people of form 888 have to be Australian permanent?

    • Immigration Pty Ltd

      Yes you need to get them redone if they are older. Both 888 witnesses need to be a) Aust Citizens or Aust Pr and b) independent (not direct family members) GW

  196. Hi Grant,
    Thank you so much for your help, i got a quick question, I’m about for apply for the australian federal police certificate but i went to the police station and they told me to apply for a criminal record check, is this the same thing?

    thank you so much!!

    Samantha

  197. My step daughter is 17. She is an Australian citizen by descent but lives in Indonesia. Not studying, not working, Indonesian boyfriend is 24, not studying, not working. They have been in a relationship – against family’s wishes – for 3 years….. He has applied twice in the last 6 months for a tourist visa, Rejected both times. Applied for a study visa for 2 years. Rejected again. Now her plan is to marry when she is 18 and for him to come out on a spouse visa.
    As I read it she needs to be able to sponsor him, eg; be settled here, have a job, accommodation, money in the bank etc, Possibly she would need to put up an assurance of support. While doing this, she would try to sponsor him to come as family visitor,
    We are keen for her to come out, but unwilling to sponsor or assist him.
    Any thoughts?

    • Immigration Pty Ltd

      James
      Not sure what you want here. Sounds more like a domestic problem rather than immigration. Yes if she is married she can attempt to sponsor a spouse. Yes she will need to prove the genuiene nature of the relationship and yes I’d say DIAC will request an AOS.
      GW

  198. Hi Grant,
    I am currently on a student visa and have been studying in Perth from Jan. Initially my partner could not and was not going to join me but now he is able to and we decided we will not manage the next 21/2 yrs without each other. How do I got about applying for a visa for him and will he be able to work etc? Thank you
    SB

    • Immigration Pty Ltd

      SB
      You partner must make an application to be a student dependant on your visa i the same way you did and yu will have to show that you have the funds to be able to support a partner.
      GW

  199. Hi sir,
    How are you?

    Actually i wanted to ask two question i don’t know that its right section
    for asking the questions, hope you will help me.

    Sir, i have applied a pr under 487 ( provisnal visa) with my sister points. I have done community welfare and i logged my file on 29 june 2010 . Now i am helding a briding visa A. I am getting married soon so after marriage will i have the right to bring my wife here on tourist visa? Is that possible?

    Second question – can i expect my file to open end of 2013 .and can i add my wife to my file when officer is allocated on my file?

    Thank in advance
    Ginni

    • Immigration Pty Ltd

      Ginni
      Usually no while you are Ina BV.
      DIAC usually will not grant a visitor visa in these circumstances but you can try
      No idea e
      When your file will be opened – ask Immigration
      I do not think you can add a new applicant to this visa application but check with DIAC
      GW

    • Immigration Pty Ltd

      Ginni
      Generally DIAC do not allow this while you hold a BV.
      No Idea when your file will open.
      I do not think you can add an applicant but check with DIAC.
      GW

  200. Hi Grant.

    Firstly I just want to take you for all the information you have on your forum.

    I just have a few questions, but will explain my situation first. I met my partner in 2009 and we lived together for one year in the UK (we are both UK citizens) and I left to travel Australia and he stayed for work/study. I went back to the UK once a year and he finally moved out in February 2012. I am on a 457 visa and he is on a WHV and already working. We live together but he is not on my rental agreement or bank as I moved here before him. If we register our relationship online, do we still need to provide evidence for defacto?? I am able to get a copy of my tenancy agreement in the UK, letters from family and friends… Do you think we will still be able to get him on my visa? Will my employer have to write a letter of support?? Also will he need a medical?

    Look forward to your reply.

    Thanks again.

    Debbi Kruger

    • Immigration Pty Ltd

      Debbi
      Just registering proves nothing so yes you will need to still prove a genuine relationship.
      Yes your employer has to agree to extend their sponsorship obligations to include your partner.
      Yes it should be OK but in the end DIAC decide not me!
      Medical if they ask for it I’d say not.
      GW

  201. Hello Grant,
    I came across your blog as I was looking up some info and would like to ask you your opinion. I am an Australian citizen but have been living overseas for 20 years.In that time,I have married and had two children.My husband is Canadian and both my children have Australian passports. We have been married for 9 years and would like to move back to Australia within the next year and want to open a business there. If I lodge an offshore application,we will not be able to move until it is granted. The problem is, we are thinking of moving earlier than a year. Do you think I should obtain a visitor visa for my husband and then apply an onshore application? I hope I made sense. Thankyou.

    • Immigration Pty Ltd

      Michelle
      That’s what I’d do.
      GW

      • Thankyou so much for your reply Grant. It is all a little confusing as when I phoned the office in charge for immigration in Belgium,they told me it wouldn’t be the best idea to travel to Australia on a holiday visa with the intentions of staying permanently and apply for his permanent visa in Australia. I highly doubt they will make my husband leave his family if we did travel together as we have been together so long and are all( me & the kids) Australian but I just wanted your opinion as you have so much experience in the field.I don’t want him to have a visa of say 6 months and then he has to leave because a temporary visa/permanent visa will take to long to obtain. We would like to leave in a few months so my children can start their school there on time. So ,sorry to repeat myself, but this is legal right? Thankyou once again.

      • Immigration Pty Ltd

        Michelle Most people from Europe get open visitor visas that allow them to make an onshore Partner application. Yes it is legal. GW

  202. i am holding the partner BC 100 visa for nearly 2years now.my partner who i married has filed a divorce.we have two beautiful kids and they r both australian citizen.if i agree to divorce him do i loose my visa as permanent residen of australia.i really dont know wat to do at this moment…so m asking out there 4 an advise…thanx

    • Immigration Pty Ltd

      LT
      NO you get to stay like all other Permanent residents. Apply for citizenship as soon as you are eligible.
      GW

  203. hi Grant,
    My name is Ram.I am married to an Australian citizen and currently on a provisional resident.Will i be able to sponsor my parents and one brother for visit to Australia on a family visit visa and also how long and how much will it cost?
    Thanks

    • Immigration Pty Ltd

      Ram
      Yes you can invite them. If you want to applied for family sponsored visitor 679 your partner will need to be the sponsor as you need to hold PR.
      GW

  204. Hi Grant,

    I have a quick question for you, do you know if Australia House is currently operating at 5-6 months for 309 approval? I’m Aussie, my OH is a Brit, and we have a 17 week little boy, born in London but with dual citizenship already. We submitted a decision ready application for the 309 on 4th July and were told that it was 5-6 months although I have recently found someone in the same situation who said their application took 10 months (I am trying to find out if there situation was much different to ours although I don’t think so).
    I ask, because although our case worker said to not get flights to Oz until the visa has come through, we have had to purchase them for the beginning of Feb as our lease is up at the end of Jan and my maternity pay is finishing then too, and it is just not realistic for us to get a lease extension, and pointless to move to another London flat and very difficult for us to get childcare for possibly only a few weeks. By the beginning of Feb it would have been 7 months since our application was submitted, so I presumed we would know by then, naughty I know. I guess I will let our case officer know when we submit our marriage certificate, but what happens if his visa is still being processed? Will we be allowed to visit Australia in that case and have my OH leave when his visa comes through, and then re-enter? It should be a given that the visa will be approved, we have plenty of evidence we’re genuine and can afford to support ourselves in Oz for a long time without jobs if necessary.

    • Immigration Pty Ltd

      Sam Let’s hope it is OK. Should be but in the end it is up to them not me. You cannot rely on the average times they quote as every application is different.
      GW

  205. Sorry, I didn’t mention that we have enough evidence for a defacto visa but we happen to be getting married next week so our case officer has asked us to submit our marriage certificate when we get it in any case.

  206. Hi,

    Reading blogs and articles like yours makes me feel better considering the situation I’m in. My husband and I are married for over a year now and we would like to applly for Au. Visa, me as student and he as a dependant. The problem is that 10 years ago my husband overstayed in Au. And he left the country on bridging visa. He was a student and did not have enough money to pay the school. He had 2 years visa and he thought that it is still valid. But the school called the immigration and his visa was cancelled and he did not know this so he was overstying. After he realised that his status is overstayer he applied for bridging visa and left on his own will. Now after 10 years he is affraid that he might not get the visa. What is your oppinion on this.
    Thank you

    • Immigration Pty Ltd

      Angelina
      The longest ban for reapplication is 3 years. If you can meet the visa criteria I can see no reason why you cannot apply.
      GW

  207. Hi Grant, thanks for all the information on your blog it is really very useful.

    I had just a couple of questions about my upcoming partner visa application. A couple of years ago (maybe 3) I applied and got granted a partner visa (on the basis of de-facto) that same year however our relationship ended and I told DIAC about this and I withdrew my application for PR on the basis of that relationship. After that I started a new relationship also with an Australian citizen and we have been together for almost 2 years now (10 months apart because I had to return to my country when my de-facto visa was withdrawn). However we kept in contact and we travelled together during our time apart as well , now we live together in Brisbane while I do a diploma degree. We have decided to get married in November of this year and apply for a partner visa, we have all the information and evidence. I am wondering about the following given my situation:

    1. Will the fact that I have applied for a partner visa in the past affect this partner visa? Will the fact that my relationship ended before make DIAC refuse this visa?
    2. Since we are getting married in November how long should we wait to apply? Can it be as early as one month after?
    3. Would DIAC contact my ex-partner in regards to our previous relationship? And how can this affect this visa?

    Thanks for your help in advance .

    Reen

    • Immigration Pty Ltd

      Reen You need to read this…
      If you have previously sponsored a partner or been sponsored as
      a partner
      Your partner’s visa application may be refused if you are
      affected by the following sponsorship limitations that are
      imposed if you:
      • have previously sponsored or nominated2 2 other
      persons as a fiancé(e) or partner for migration to Australia
      (including sponsorships/nominations you may have
      withdrawn but your former fiancé(e) or partner obtained
      permanent residence on family violence grounds); or
      • have sponsored another fiancé(e) or partner within the last
      5 years; or
      • were sponsored as a fiancé(e) or partner yourself within the
      last 5 years.

      GW

  208. Hi, I’m from India and newly married (in feb 2012) .. my husband who is also from India stays at Australia and has got PR too .. After our marriage, I applied for partner visa in March. My husband is at Aus as he is working there and I’m staying in India. We are still waiting for visa to be received. My case officer mailed me that all your docs and requirements are satisfying and it has been in a queue now. She mailed this a month ago. When can I expect my visa? Its really very difficult for wife and husband to stay far like this.

    • Immigration Pty Ltd

      Anjalee
      I really cannot say as I am not the embassy in New Delhi – most o/s partner take 8 to 12 months from date of application.
      GW

  209. Hi Grant,
    Could you please recommend me a lawyer specialized in partnership visas? I went through a couple but they are too generic and cant answer specific questions. Im based on the gold coast. thank you

    • Immigration Pty Ltd

      Javier Sorry we do not make recommendations as we cannot control what other people do. GW

      • Hi grant,
        Thx for ur reply last time.i found from my case officer thst my agent apply wrong visa application for me.so basiclly my fiance is nz citizen who just came here on 2002.so my agent should apply visa 461 instead of 820.me and fiance habe been together and live together for 2 years.its not fair because my agent made big mistake to put wrong visa for me now me and my fiance must got suffer for that.my case officer maybe symphatize bout my visa thing.so she gave me 2 option withdraw my wrong application and apply the right one offshore or waiting for refusal.we had consultation with soillicitor.here his advice
        withdraw my 820 visa and apply 461 offshore.my question is how long visa 461 processing time offshore?is it have any issue that the visa cant be granted?i wanna spend my christmas with my fiance so can i apply tourist visa offshore first and then when it been granted and can came here and then i apply 461 onshore straight away?plz give meadvice.very appreciate it.thanks

      • Immigration Pty Ltd

        Eva
        I agree with the lawyer you consulted.
        How long depend son the quality of the application.
        GW

  210. Hi Grant,
    I m working in Mongolia a met a Chinese girl while on break about 4 months ago. She wants to marry me but I am not divorced. My wife and I seperated 3 months ago, I have not been back to change address or seperate the bank accounts. At this stage, if I wanted to marry I could not do so until next November (estimate) if we were to marry late next year we don’t want to be apart. I was thinking of the folloowing. After we marry she applies for a tourist visa (subclass 676) and awaits approval. After approved, she came to Australia and we lodge a temporary partner visa onshore. This lady has a masters degree from Melbourne on a study visa 4 years ago and has no interest in staying in Australia long term. We would only be coming back for 3-5 years for me to continue work, study and have children. Then back to Beijing. The quicker I can get in and out of Australia the better, I’m only back there for the uni. What do you think are our best options to come to Australia with the least time apart? Please note, I need to plan this as she is 30 and telling a 30 year old Chinese woman to waitover a year for you is already a big ask, she would like to know if we will be made to be apart after marriage.
    Many Thanks,
    Tony

    • Immigration Pty Ltd

      Tony
      If you can get The Tourust visa that has no appliction restriction onshore (8503) that is the best option. Everyone gets to wait in the immigration process, especially if you lodge offshore.
      GW

      • Thanks Grant, I appreciate the quick feedback. Just to clarify sorry, we could marry in China, travel to Australia on a tourist visa (without restriction 8503) and then apply for the temporary partner visa while in Australia? And when the tourist visa is near expiration and the temporary partner is in process, she could then re-apply to extend the tourist visa to stay?

      • Immigration Pty Ltd

        Tony If you can apply onshore the she will be on a Bridging Visa A when the Tourist visa expires and until the Partner visa is processed. GW

      • Hi Grant,
        I also just noticed that tourist only allows one entry. Is there any way around this or will she not see her family for 2112 months? I won’t write again after this, I’ll let others have a turn too.
        Thank you,
        Tony

      • Immigration Pty Ltd

        Tony There are a few difernt versions of Tourist visas with single and multiple entry. But the BV mentioned earlier sloves the problem. GW

  211. me and my wife have been living together for over two years and have two kids together. she lodged her 309/100 application in sept 2009. TR visa was granted in july 2010. i was awaiting a letter for the immi office to lodge PR visa for my wife but later found out that i need to check it myself. well, she was eligible for application in sept 2011 but am preparing the docos now. the issue now is that we need to move to dubai for work for a year so how should i tackle this situation? if i lodge it onshore (subclass 100) it will be put on hold. is it possible to apply for it offshore? thanks for your help

    • Immigration Pty Ltd

      Khurram
      DIAC send out Second ste=age Partner kits to eligible applicants. Did you get one?
      No you cannot apply offshore as you’ve said you are wanting to reside here.
      Get the 100 and then you can do what you want.
      GW

  212. Hi Grant,

    I am Aussie, my boyfriend is Italian and is currently living in Australia. He has been here for almost 2 years (WHV, fruit picking, second WHV). His second WHV expires on the 1st of January (scarily close). We met on his first WHV but have been formally together since around the end of Jan this year. We plan on getting married next year. We can fairly easily prove our relationship for the last 7 months. We have flown to Italy to see his family etc etc and everybody here knows us as a couple, phone records etc etc. However for religious reasons we are choosing not to live together until we get married (so de facto visa is not an option). We are looking at the prospective marriage visa.

    My questions are:
    1. Can he fly to NZ, apply for the PMV, fly back to Aus (if his WHV is still valid) and then once (if) granted, fly back to NZ to activate it? As he has lived here for almost 2 years now, we would really prefer if he didn’t have to spend the whole application time in NZ or back in Italy? This way he can continue working and saving for the wedding!

    2. Regarding the intention to marry notice which I understand is required for the application – as we are not quite set on whether we want to get married in Aus or in Italy – we have not picked a date. But if we do for the purposes of the application pick a date, is it possible to then change it if we decide to marry in Italy? In either scenario, we will definately get married whilst the prospective marriage visa is still valid.

    Thanks alot for your help!

    • Immigration Pty Ltd

      Nervous
      1. No he will need to apply in Italy. Not how the TO 300 works I’m afraid. Country of Passport to lodge.

      2. Yes of course you can change the date you just must marry in the 9 month period.
      GW

  213. Hi Grant,

    I am French (29) and my girlfriend is Australian (24). We met in Australia when I was on a working holiday visa and have now moved to the UK together as I could not stay in Australia any longer. I had a working holiday visa for a year and then we went on holidays to NZ just before that expired and I came back in Australia on a tourist visa for 1 month We have been together for 12 months now and are looking at apply for defacto visas with the aim of moving back to Australia in Dec 2013. I was just hoping you could explain the options I have come up with reassure me that they are legal in the eyes of the Australian Immigration Department.

    Option 1.
    I will apply for an ETA and we both go back to Australia at the end of next year. We will have been together for over 2 years by this point and will lodge an onshore application. We will be living with her parents in QLD while we wait for the decision and then move back to VIC and get jobs. The points I am concerned with are;
    A) What is the likelihood that the ETA will have a “no further stay” condition attached? Does this happen often?
    B) My girlfriend will probably not be working when we lodge the application as we will have just returned from overseas. She has been working in Australia full-time for years and in the UK too. Will this be an issue considering she needs to prove she can support me? She has suggested that she will claim benefits while she looks for something part-time in QLD to tire us over.
    C) Is it legal for me to come into the country knowing I am going to apply for this visa? If we come through immigration it will looks as if I am visiting my girlfriend’s parents with her but we will not have return tickets to UK. Should I bring evidence of having money in the bank to buy a flight or should I book a flight to another country to show I will leave (perhaps then I can get a refund or credit on the flight?

    Option 2.
    We apply offshore here in the UK. I have read this can take up to 12 months so would it be best to apply at the end of this year? The issues I am worried about with this option;
    a) Will the fact that my girlfriend is in the UK when we apply and not in Australia be a problem as she won’t have evidence of being able to provide for me in Australia? She will be working here in the UK and as I said, she has worked in Australia for years.
    b) What happens if it is granted sooner than 12 months? How long do we have to activate the visa?
    c) Can I get my medicals done in the UK and still provide a decision ready application?

    The final question is about the 12 month genuine relationship condition. Regardless of which option we go for we will have been living together for over 12 months as a couple. The only concern I have is that we do not have a lease with our names as we have sub-letted. We have both paid rent though. We have had joint mail sent to us for over a year now from the bank, family etc. We now have utility (water, electricity) bills in both our names but if we go for offshore application the utility bills will only date back 3 months. If we go for the onshore option this will date over a year. Still never a lease though. Should we be concerned?
    I am sorry for the long comment, any recommendations would be greatly appreciated.

    • Immigration Pty Ltd

      cH etc…
      Too long and too many questions – this is a free service. I get hundreds of questions a week if they were all this long…??/

      Yes you can come on an ETA – very low chance of getting 8503. Yes its legal. NO work the y may ask for an AOS. You don’t need to prove you have a return flight.
      Offshore application
      No not a problem provided you are moving to Aust.
      Varies but a couple of months.
      No they will give you a letter to get the medicals before visa grant.
      GW

  214. Hi Grant,

    My sincere apologies for the long comment, I was just so relived to find somewhere where people are finding answers. The information you have provided is very helpful and given us more to think about.

    Thanks again.

  215. Hi Grant

    I lodged my partner visa application last august 10,2012 in manila after 3 days it was received by the embassy and they requested me to do the medical.I was told by the doctor that my medical is good.
    Do you think my application will be allocated to a case officer soon?

    • Immigration Pty Ltd

      Zil
      No offshore applications are taking up to 12 months. Just because they asked for the medical does not mean they are processing the application. Let’s hope they do but don’t be surprised if they take the ususal time.
      GW

  216. Hi Grant,
    I would like to ask my situation.My partner is Australian. We’ve been together for 2 years but just started to live together for 9 months. We did registered the relationship in Apr 2012 so is it right that I can waive the 1 year requirement and can start to lodge my 820 visa application?
    My partner is working at the moment but he will start a NEIS program from the Government in Oct 2012. Does this effect anything on his sponsorship because he will receive support from Government and will not work as much?So should I submit before or after his NEIS starts?

    Also as you stated above and I read the Partner Booklet, all the copies need to be certified, include all the cards and photos, they all need to be certified too? What if I submit the original utilities bills?

    Sorry If I ask too much. Thanks for your help Grant

    S

    • Immigration Pty Ltd

      Siri
      Yes
      Don’t know what a NEIS is?
      Original do not need to be certified. They ask for certifed copies not originals!
      GW

      • Hi Grant I got my aplication with my partner for same sex visa and we registrated our relationship 10 months before we have more than 1 year relationship but my question is how much will effect that registration paper about their decision? Thank you

      • Immigration Pty Ltd

        Jhon
        By itself the Relationship certificate means very litle. It is a way to overcome the 12 month de facto requirement. The test is
        genuine relationship’ so that requires relationship evidnece on top of the actual certificate.
        GW

  217. Hi Grant,
    Just a quick question, if i had live with my partner at her mom’s house for a year because we are saving for a house, (we dont have a lease with her because its her mom or electric bill under our names) but she can do an statutory declaration to cover un in this aspect. do you reckon this is good evidence or it wouldnt count at all?

  218. Dear Grant,

    I am from Canada and currently in my second 461 visa as a family member of a new Zealand citizen, which I was allowed to renew even though me and my partner and I have split. The condition upon approval was that I not be in any other relationship. I then moved into a share house and have fallen for my flat mate and things are pretty seriouse and were talking about marriage and children. If I fall pregnant and we apply for the visa will this make me less eligible? I would be devastated if I had to go home alone with a baby and start all over.

    • Immigration Pty Ltd

      Becks
      Sounds like you have already misled the Immigration Department. Let’s hope they don’t find out.
      Is the new falt mate / partner an Australian citizen or Aust PR?
      Your situation will not helpmthe application but it will also not prevent an application that is valid for a genuine realtionship. Generally if they know you have lied to them before they will be a graet deal more careful with your next application.
      Common sense really.
      GW

  219. Hi i am australian and i married in india i applied partner provisional visa (uf307) in march my wife came here with me in may on tourist visa and back on july she finished with medical month ago. But we still dont know how long it take to give dicision what we suppose to do can we wait n watch or apply for another tourist visa.

    • Immigration Pty Ltd

      Arun
      That will be a 309. Generally 9 to 12 months from date of lodging if all the documents are in the application. matbe a little quicker depebding on how busy they are.
      GW

  220. Hey Grant , i had inquiry regarding the processing time for TR and PR from a partner visa. I have lodge a partner visa after i married an Australian man on Aug 2011.. So, i am still on my bridging visa, how long do you reckon will i get my PR? and is it 2 years after TR? Thank you

    • Immigration Pty Ltd

      Cherry
      Really it depends on the quality of your application. Non decision ready applications are taking more than 12 months and longer if the application was poorly documented.
      PR is 2 years after TR if you can prove you are still in the relationship at that stage.
      GW

  221. Hi Grant

    I have been reading your blog and found it very informative. Thank you for sharing your information so freely. I had a couple of queries that I was hoping you could help on.

    A brief Background:
    My Wife is here in Australia on a PR. She first got the PR in Nov 2001 and had it renewed in Nov 2006. We got married in 2003 and now have two kids – one born in India and the other born in Sydney this Feb 2012. Also my wife for the most part lived in India with me – until we finally decided that we would make the move to Australia and she arrived here in Nov 2011.

    Now the queries I have are:
    a) I have applied for my partner migration along with my son as the dependent. We applied in May 2012 – and since then have provided all relevant documents asked for by the Case officer. However just today she asked me for Police Clearance certificates for countries I last lived in over 10 years ago (12 and 17 years ago). The query I had is that do you know if they should or can they ask for this? As I have no problems in providing the same – but its just extending the timeline for the processing. Getting these certificates takes between 4 to 6 weeks.

    b) The other query I had is as my wife resident return visa has expired – we are looking to renew it – and looking to extend the time she spends here to the maximum before trying to renew. She has 3 brothers citizens / resident here – and also our daughter as the personal ties aspect. But because of our recent Baby she is not working – and also not so easy for her do so given that I am also not resident here. So we are not sure how long a resident return visa she could get. But if she does get at worst case the 3 month visa – could she come back to India and wait out the time it takes for us to get the partner visa – without it impacting negatively a decision on our visa in anyways?

    Thanks and regards

    S

    • Immigration Pty Ltd

      SL
      Yes they can it is a Migration Regualtion.
      I cannot tell from this what if any RRV she will get but no it will not affect the Partner application.
      GW

      • Hi

        Thanks for your prompt response. Just a bit more clarity on the police clearance certificates: the immigration website says you may be asked to provide police certificates for each country you have lived in for 12 months or more over the last ten (10) years since turning 16.

        So can I request the Case officer to work on this basis as and not require the other police clearance certificates? The only reason for me to do so would be to help forward and avoid the 6 to 8 week time period. Additionally on looking their first mail also did not mention this need – only the police clearances for countries I had lived in the last 10 years.

        Look forward to your response.

        Thanks

        S

      • Immigration Pty Ltd

        SL
        You can do whatever you want but if DIAC ask for something and you don’t provide it the usual outcome is a refusal. Whay not just do it? If you think it is a mistake try to communicate this to the case officer. It happensd they are human.
        GW

  222. Hi grant,
    just want to let u know i submitted my TR/PR application on 21st June and was granted my 820 on the 6 Sept!

    thanks for your help and pointers!

    Regards,
    Alvin

  223. Hi Grant

    Can I apply for a tourist visa while my partner visa application on process?

  224. Sir I am having a query from you.my brother went on the spouse visa along with his wife for studies of his wife in community welfare and after completion of the studies they applied for pr and now the file is under process but the wife of my brother has given application against my brother that they are not living together after using him for six years in every field now what is remedy with my brother to stay in australia

  225. Hello Grant,
    Thanks for your awsome blog.
    I am on visa subclass 457 which was granted only few month ago and is for 4 years, my husband received his PR in recently. We have been married for 5 years now.
    years now.
    1- If i lodge my application, will be receiving BVA?
    2- If for any reason my visa subclass 457 gets cancelled while I’m on bridging visa A for partner visa, can I still stay in Australia till the decision is made?
    3- To prove the genuine relation can I attach the bank statements for big amounts of money that we’ve spend for house, without receipt?
    4-Is a 3-4 page statutory declaration letter from each of us enough?
    5-Are bank and insurance statements and tax notice a good proves of the address and prove of living together?

    Sorry for asking too many questions
    Thank you Grant

    • Immigration Pty Ltd

      Far
      1. Yes you get a BVA but you stay on the 457.
      2. Yes but you’d have to get a BVE
      3. Not sure I want to comment on this…sorry. I would not if I cannot show where the moneycame from.
      4. Yes
      5. Yes
      GW

  226. Hi Grant,

    Thanks so much for your very relevant advice on complicated matters relating to Australian migration.

    I was granted a visa subclass 309 in Jun 07 after my marriage using which I migrated to Australia. In Aug 09, I was granted Visa subclass 100. I have been living and working in Australia since my arrival in 2007. My husband filed for divorce in 2012 and the divorce has now been granted. My questions are;

    1. should I inform DIAC of my change of circumstances?
    2. Can DIAC cancel my PR, as I am no longer with the partner who sponsored my visa?
    3. Would the change of circumstance have any negative implications when I am applying for citizenship?

    Thanks

  227. Hi Grant,
    I have a bit of a complicated situation with the 2nd stage of my partner visa
    processing which I was hoping you would be able to help me with. I applied for the 2nd stage of my partner visa in May this year. The issue is that my partner has had to spend most of the past 2 years in another country due to family illness and family-business obligations. We have traveled back and forth to see each other, have a joint bank account, witness statements etc which were all sent with my application but I’m still really nervous as this is obviously not a straight-forward situation which neither of us planned on happening. Have you ever come across this situation before?

    • Immigration Pty Ltd

      Jenna
      Yes it is unusual but I’m not really sure that it is fatal to the application if he can show why he has been o/s.
      GW

      • Hi Grant,
        Thanks for your reply. Just one more question: if I lodged my application in Australia, do I have to be here when/if my PR is granted? I read somewhere that on an 820 visa you can only spend 2 months out of a year outside of Australia while on this type of visa. The reason I ask is because I still have not been granted my 801 but am wanting to go overseas to be with my partner for 4 or 5 months.

      • Immigration Pty Ltd

        Jenna
        Yes you must be in Australia for the 801 visa to be granted and you must complete the documentation within 60 days that the second satge processing centre in Melbourne sends to your nominated address proving that you are still in a genuine realtiionship – another mini application.
        The must only be outside tfor 2 months while on the 820 visa is rubbish.
        GW

  228. Hi Saint Grant,
    Thank you unconditionally for being here and doing what you have already done. I applaud your patience and good will.
    I have a few questions I have not found previously posted here or anywhere relating to my girlfriend (Israeli) and I (Australian) applying for a prospective marriage visa that I would do much for my state of mind to have properly answered.
    1: You have hinted that if the sponsor is employed at the time of the application the employment history doesn’t really matter. Is this so even if the work is seasonal?
    2 Does she have to apply for PMV in Israel? or can she apply in NZ where she has a Working holiday visa.
    3: Although Im 100% confident in having more than enough work and money between us if the visa is granted, I am concerned that my itinerant employment and centrelink history could significantly jeopardise our chances of success, Are my concerns valid?
    4: If so, Is there other documents that will be recognised as evidence of being able to support my partner ? i.e statutory declaration from my mother and grandmother assuring support. My employer guaranteeing us both work for 6 months on his farm and then later on his contracted team. A guarantee of a place to stay by my grandmother, mother and friend. Can stat decs guaranteeing these things be useful?
    You have been a Saint for so many already and have already brought great peace of mind with this forum, I wish you happiness and peace of the highest order.
    Chris

    • Immigration Pty Ltd

      Chris Is it my imagination or have I not just sent you an email?
      1. DIAC ask for the last two yaers of evidence of employment but I have seen many applications that go through provided the Sponsor is gainfully employed. IThe issue is ability to provide financial support and having a job basically covers that.
      2.Israel.
      3.This will not stop the visa being granted it just may raise the AOS issue. I’d need to see all the actual history to give you a definitive answer.
      4. These type of assurances are generally worthless as they have no real legal weight. Letter from the employer would be helpful though with current emploment.
      GW

  229. Grant, My girlfriend Aom and myself as sponsor applied for a Temp/permenent Visa. I was of the understanding that after 3 months we would be informed as to if Aom will get the Visa 209 or 309 and if she did get the ok it could take up to 12 months to process this visa….is this correct? as if this is the case I am fine but we have been waiting 4 months now with no news!

    • Immigration Pty Ltd

      Bill No that is not how it works. They do not give you a heads up. You just wait for a case Officer and they then process the application and make a decision.
      GW

  230. hi Grant for a question i asked u before that if the employer terminates me (i worked only 2 months) from the employment and says they want to cancel my 119 regional sponsored PR u said i can stay as PR and find another job. But it is mentioned in visa conditions that i must work with the employer for 2 years otherwise my PR will be cancelled. im really in a confusion how to save my PR.

    • Immigration Pty Ltd

      Karun You are not the one terminating the relationship. Perhpas you need to go and see an agent or a lawyer near you to get face to face advice. Someone who can see all your documents. GW

  231. Hi Grant,
    My name is Bowden. My partner and I are living in Germany, as she is German and I am Australian. We have already applied for a partnership visa for her for Australia. We have in fact sent the second load of documents that have been requested for further processing.

    When we applied for the visa we were told that the processing would take up to 6 months for German residences. We then lodged the visa and we were told that the visa will take AT LEAST 7 – 9 months (meaning it could be even longer). I can return to Australia and have a job immediately, when I return to Australia before November, in which I would earn enough to prove I could financially support my partner when/if her visa is granted and flies to Australia.

    Our question is:
    This amount of time that we would potentially be apart (6 – 10 months) is just so much time apart and as we applied for the visa outside Australia there is no chance of a bridging visa. If I decided to not go back to my Job in Australia and remained in Germany (if possible to extend my visa), could this affect the outcome of my partners visa negatively as I wont have a job immediately to prove I can support my partner financially.

    further information:
    I work in Germany at the moment part time, however there may be a chance for me to be full time if necessary.

    Thank you for taking the time to read our question.
    Although I know that you may not be able to give us definitive answers, your help and advice is really very much appreciated, so again, thank you in advance and we are looking forward to your reply.

    Kind regards,
    Bowden.

    • Immigration Pty Ltd

      Bowden
      This is way to long. I get 50 plus questions every day if they were all this long I’d have to close my business and just answer free questions.
      No I cannot give you definite answers as I have not seen your application and documents.
      If you need to return to Australia to work DIAC will understand that. You do not have to be there for your partner to get the visa.
      GW

  232. Hi Grant one more doubt, if my employer informs to immigration that they terminated my 119 sponsored employment i heard immigration will ask for my response. how does it work. in what cases they will keep my PR. How should i respond to them.

  233. Hi Grant,
    I have read through your blog but still confuse about my circumstand now.
    I have some questions if you dont mind.
    I’m in visa sub 573 living in Sydney about 19 months and going to expire in 2015. But im going to apply for the partner visa sub 820 & 801.
    We’re just newly married at 27th August- after few months in love. And we’ve moved to live together around 2months before getting married.
    I went to DIAC office in the central Sydney to ask for application forms for partner visa. They gave me the form 47SP, 80, 888, 40SP and checklist paper and told me to follow the checklist then lodge the application.
    I’ve done all the documents which require from checklist. Still just have to wait for the AFP ( I just submitted the form in 10th of September)
    My questions are:
    1. Can I lodge my application without the AFP but just with the receipt?
    2. We just can provide the lease agreement, eletricity bill, letters addressed to both of us at our common address, our bankstatement, photograph of our wedding celemory at the day we married at BDM office – not celebrate the wedding party yet cos we want to do it later) as the evidences for the existence of a genuine and continuing relationship. But all of them are just so new about 1 or 2 months as you know we’ve lived together not long. Is that all shoulbe alright?
    3. Can I use my oversea original police penal certificate which already be translated and certified by head of justice division from my country Or I have to bring it translating by NAATI in sydney?
    4. My husband is younger than me 5years. He is resident and lived in sydney around 6years. He’ve been an unemployer and asked for the money from centrallink from his high school. He just updated my name as his partner to centrallink as well. But in last month he found a job. Is that any affects to my application while my husband doesnt have a good employment?
    And I’ve working in the Australian restaurant for a year as part time with full tax income. Should I include my tax return and payslip into my application?
    5. I have to pay for my new semester fee in the end of September but If I lodge my application before that day, could I not doing payment and stop study? Or I still have to pay for it and follow my student visa?
    6. Is that right that I just need to follow the checklist and complete all the form which I wrote above and lodge my application?? Could you please give me some advices, so I can lodge my application perfectly.
    Thanks for your very helpful informations.
    Im looking forward to your respond.
    Have a nice day!

    • Immigration Pty Ltd

      Doris
      This is way to long. I get 50 plus questions every day if they were all this long I’d have to close my business and just answer free questions. If you have all these worries you need to get face to face professional advice. You’re in Sydney so am I so make an appointment with someone.
      1. Yes they will then ask for the actual AFP
      2. I cannot guarantee if it will be OK without seeing all the docs
      3. Your transaltion should be Ok but again I can’t see it.
      4. Yes this may require an AOS
      5. No you are still on the student visa and bound by its conditions and this does not sound like a decision ready application so it may take up to 12 months to process
      6. If you want more advice you need to go to see someone.
      GW

  234. Hi Grant,
    Thanks for your respond. And Im very sorry about my long comment. Its just because im so confused about it at the moment. Hope that it doesnt borthering you at much.
    If you dont mind, could I ask you more question.
    Will my student visa change to BVA after I lodge my application for partner visa? Or I have to apply for BVA before I lodge the application?
    Do I still have to study when im in BVA?

    • Immigration Pty Ltd

      Doris When you lodge the Partner application they grant a BVA but it only becomes active when your current student visa expires. So you will be on the Student visa and have to meet it’s conditions until it expires then the BVA will become your visa unless of course DIAC have granted the Partner visa which then becomes your only visa. GW

      • Thanks for your quick respond. Your help means a lot to me at this time.
        I applied for bachelor of business before, but after 2 semesters I’ve change to do design in other college. I’ve applied for a package of cert4, diploma, then bachelor which will finish at 2016. And Im at cert4 will finish at 17th March 2013.
        After lodging my partner application, what if:
        Im informing to my college that I want to cut short of my study from a whole package to just study and complete in cert4. And they will report it to immigration. Does it mean that the length of my student visa will be shortened as well due to the day I finish my cert4? And my BVA will be actived after that?
        Sorry for bothering you again.

      • Immigration Pty Ltd

        Doris

        No it does not. The only option you would have after lodging the Partner application is to voluntarily cancel your student visa. There is a post/article on my Blog that explains this process.

        mmigrationptyltd.wordpress.com/2011/10/18/voluntary-cancellation-of-a-student-visa/

        GW

  235. Hi Grant,
    My partner is Stateless i.e. she was born in Sabah, Malaysia (and has a valid Malaysian Birth Certificate), but her parents were illegal immigrants from the Philippines – so she isn’t consider a citizen of Malaysia or of the Philippines. Since 2006, we have been trying to solve her Statelessness – but haven’t had any success. My work/research in Malaysia is drawing to an end and I am planning to move back to Australia and trying to find ways to bring her back to Oz. Apart from being my partner, she is also the mum of a five-year old Australian citizen (my son). Any suggestion on how/if this possible?

    Thanks

    Colin

    • Immigration Pty Ltd

      Colin
      Yes it is possible but you will need help. If she has a Philippines BC she is a Philippines citizen – at least that’s how DIAC will see it. She can only get a visa if she has some form of travel document. What does the Philippies embassy say? There are also temporary travel docs and the fact that you have an AC son is a huge and important fact in favour of resolving the process. I’d think Malaysia would be ‘happy’ to get rid of her (in the that would be helpful to you way so have you tried to get a temporary travel doc from them to trvel to the Philippines. Where are her parents now?
      Lots of questions. These issues are always a problem.
      Grant

  236. Hello,
    I am an Australian citizen my husband is greek we live in Europe and have been married for over a year and have a child who i have a australian passport for and have made her an australian citizen also. We want to move to Australian permanantely and i have been advised by a friend to get my husband an evisitor visa and for him to have a return ticket also. As soon as we get there lodge forms 40sp and 47 then i will get a birdging visa for him to be able to stay. Then fill out a working visa form. Is this the right way to do it?

    Thanks in advance!
    NK

  237. 12 months is for high risk countries, 5-6 months for low risk countries,

    • Immigration Pty Ltd

      Damon
      Not sure what this is but you are correct. For perfect applications this is the ‘average’ DIAC quote. Right now they have a huge number of applications and very few applications are perfect.
      GW

  238. Dear Grant,

    My partner (he’s Aussie) and he had sponsored my onshore partner visa last year in SEP. Unfortunately, over the past months, both of us lost our jobs and we are now relying on my overseas rental income to sustain our livelihood. Just went for an interview last week with my partner, the CO was pretty unpleasant to me. She even asked if my kid (from my previous defacto r/s) was one night stand? Also, she raised concerns about our financial status, even though I had assured and was willing to provide further documentation of my overseas income. In a nutshell, it didnt look too good. Do you think they can reject our application based on financials? Any idea how long it will take for them to reply to the outcome? I was also wondering if you actually assist in appealing for partner visa refusal?

    Thanks very much in advance and I look forward to your reply. Good day.

    Shirls

    • Immigration Pty Ltd

      Shirley
      I’m sorry to hear that the person interviewing you was so unpleasant. There is absolutley no need for that to happen. Perhaps they were having an off day. I certainly also got a rather terse set of answers from a senior person at the Partner Section on Monday as well so it’s not just you. It is not really all that common for onshore applicants to be interviewed and there is a provison in the Regulations that apply to your application back in Sept 2011 (now just changed) that allow DIAC to ask your sponsor to obtain an Assurance of Support if they are not satisfied with the ability of the sponsor to financially support the applicant. So if it goes that way you will need an AOS. If this was not forthcoming then they could refuse an application.
      Yes we do assist with MRT reviews.
      GW

  239. Thanks for the reply Grant.
    Unfortunately she only has a Malaysian Birth cert and our dealings with the Philippines Embassay in Malaysia has been anything but positive (all to do with Sabah/Philippines politics). Luckliy I got confirmation of a tw0-year contract teaching at one of local Uni in Sabah – which will give me a bit longer to solve this problem.

  240. Hello!
    How long it will take for the fiancé visa?
    Also I’ve been in AU for 3 months. My fiancé introduce me to his family, relatives and friends. Do you think it would help to process my visa within 6 months?
    Is it true that it’s hard to get a fiancé visa?
    Me and my fiance planning to get married next year. My fiance send the paper that need to be sign by the priest here. So we can get a NOIM letter. The papers still on hold because our priest asking for a request that I am getting married in Australia. I don’t know what it’s called. Can you please help me?

    Thanks in advance!

    • Immigration Pty Ltd

      Sheen
      All Prospective Marriage visa must be lodge in your home country. You cannot lodge it here.
      How long 5-6 months – depends on the country.
      No harder to get than any visa.
      GW

  241. Hi Grant I got an aplication last week with my partner in sydney for same sex relationship and I have already registrated my relationship about 10 months ago. My question is that registration will effect for their decision or have we got any advantage about visa with it? Thank you…

  242. Hi Grent I got an aplication last week with my partner for our same sex relationship we have already registrated our relationship about 10 months ago. My question is is that registration will be effect about their decision for time prosess or any advantage for visa? Thank you….

    • Immigration Pty Ltd

      Jhon
      This is the third time you have asked the same question. I have already answered your questions …
      This was the answer!
      Jhon
      By itself the Relationship certificate means very litle. It is a way to overcome the 12 month de facto requirement. The test is
      genuine relationship’ so that requires relationship evidnece on top of the actual certificate.
      GW

  243. Hi Grant,
    First I would like to thank you very much for spending time and giving suggestion for so many(including me).
    I have applied for on shore partner visa on Oct 2011 and I got married on June 2011. My wife is Australian citizen. Since i applied for partner visa I have not heard anything from them. When i call immigration they are saying visa is still in processing they can not tell anything before 12 months.
    My wife got a job in US and i am also planning to travel with her. Her job joining date is in one month from now and we need to go before that. So my question is Can I travel with her if I do not get an temporary visa(subclass 820) before that? I believe I can travel with her if I get temporary visa before my travel. Can you please give me a suggestion what I should do if I don’t get temporary visa before that?
    You reply is greatly appreciated I am so confused and not sure what to do.

    • Immigration Pty Ltd

      Kumar
      You have to be here to get the 820 visa. You may be able to travel if you are on a BVA by applying for a BVb but I can see a problem with the Partner application if your sponsor is no longer living in Australia. You can’t move to the US and still get the TR partner visa as it is based on your assurance that you guys want to live in Australia.
      GW

  244. Hi, I have a question, my boyfriend is French and I am an Australian Citizen. How long after we will be married does he have to wait to get his PR? Do we have to get married in Australia? And once we are married, if he can only come to Australia one year later, do we only start counting the day he enters into Australia to whatever period he needs to wait to get his PR?

    • Immigration Pty Ltd

      Tiffany
      Sounds like you need to do some reasarch on offshore Partner visa applications on the DIAC website.
      If you lodge an offshore partner application it will probably take 5 to 9 months to be processed granting him a temporary visa. Before you lodge the application you must have a qualifying relationship – married or in a de facto (living together) relationship for a minimum of 12 months. For ed facto couples this can be avoided if their relationship is registered in a State or Territory jurisdiction.
      2 years after TR is granted he will be eligible to PR.
      You might want ot consider lodging an onshore application as he will be able to get an unrestricted Visitor Visa to enter Australia.
      GW

  245. I am Australian, my partner is from the uk, we met 8 years ago when I lived in uk, we have been married and divorced, I moved back to brisbane 2 years ago, my partner ( then x partner ) and I stayed in touch and we have both visited both countries and got back together late last year. My partner wants to move here, we want to get re married. What would be the quickest visa as he would like to move here in December/ January. I looked at the fiancé visa, but then saw the partner visa. Would it be best to lodge an application in Australia? If we got married at Xmas could he apply for the partner visa in January? If so can he work while we wait for a decision? How long could it take for that first part of the visa?
    Thanks for your help.

    • Immigration Pty Ltd

      DT
      I guess it goes without saying that you will need to document this application really well as DIAC see applications from ex-partners who are trying to give an old flame a leg up into te system to migrate so they will be suspicious. It’s not a problem but it needs more reather han less relationship evidence and the story fully mapped out for them. It is always best to lodge an application here if possible potentialy much faster abd UK citizens can get an open ETA and lodge from that visa after arrival. Work is more difficult as the Briding visa granted will have no work and you will need to apply to change this condition. How long depends on the quality of tghe application – anywhere between almost immediate to more than 12 months.
      GW

      • so the best one in our situation would be to marry and then lodge the partner visa instead of waiting to get married and lodge the fiancee visa? either way will will get married but i hate spending so much time apart so we really would like the quickest way.

      • Immigration Pty Ltd

        DT The business about lodging from a Tourist visa is rubbish. Visas have conditions on them and provided the Tourist visa does not have 8503 – No Further Stay you can lodge onshore. On balance yes I think get the ETA then marry then lodge the onshore Partner. Don’t discuss the relationship when applying for the Visitor visa. GW

      • great, thank you so much for your help

      • sorry for all the questions, ive been told we cant lodge the visa if he is on a tourist visa, is ETA different? also would it be best to be married while on the ETA visa in australia or before the ETA visa?

  246. Hi Grant,

    I was reading a bit about the processing times for a partner visa and found this. It says off shore for partner visa for the country I am applying from is 5 months. Then below that it says:

    The service standard applies from the time the application for the permanent Partner visa becomes eligible for decision. In the majority of cases, this is two years after the lodgement of the combined temporary/permanent Partner visa application.

    Can you tell me what the second sentence actually means? What does the two years have to do with the 5 months listed in the table?

    Thanks in advance,

    Steve

    • Immigration Pty Ltd

      Steve
      Off shore partner aplications can be processed from some countries in 5 months but generally they take longer – it usually depends on the quality of the application so averages are not really all that helpful and service standards are just a suggestion.
      When you apply via partner you apply for PR but you get a 2 year TR visa first and at the end of that waiting period they ask you to show that the relationship is still running and then they grant PR – so that is what the sentence is referring to.
      GW

  247. Hi Grant
    i have lodge 457 visa along with my wife as secondry applicant.now the problem is that my wife is 7 month pregnant and we are not willing to undergo
    the chrst xray requested by diac. As we applied in a same application, is there is any possibilities if i withdraw my wife aplicstion and my visa will process first?
    currently our visa is pending due to my wife incomplete medical. any other suggestion,if i can get my visafirst any after delivery my wife and child will apply for visa ?

    or

    • Immigration Pty Ltd

      Adanlwani
      Sometimes you can ask thenm to process the primary applicant and hold off on the secondary applicant until the medical can be completed but I doubt this will be granted in this instance. Withdrawing seems like a bad idea. Why niot just wait?
      GW

  248. I am a Ghanaian and my wife is an Australian and lives in Australia while i live in Ghana. we got married on the 30 june 2011 in Ghana and applied for partner visa(309) on 8 February 2012 and i have done my medicals but up to now, i haven,t heard from the embassy and i submitted it offshore. My wife was working when we applied for the visa but now she isn,t working,is it going to affect the process?

    • Immigration Pty Ltd

      Richard
      If you submitted financial evidence of her employment at the time of application and it meets the requirements they will not ask again. If not then it could be a problem as the Sponsor must be able to meet their financial obligations to support the aplicant. As this was lodged a while ago and if thjey find ou they can request an Assurance of Support. You can read about these on teh DIAC website.
      GW

  249. Hi i just wana know that is form 54 is required for offshore visa 309/100? It is been submitted from Islambad pakistan. However in australian cheklist it is not mention about form 54. But in Pakistan Islamabad(site) checklist asks for form 54. So what should i do now? When should i send the form 54?. Should i just wait for the acknowledgement letter? Could you please reply me as soon as poosible. Thanks in advance.

    • Immigration Pty Ltd

      Rim
      If they ask for it in the Embassy checklist send it to them. It is a harmless family composition form. I would wait until I had an acknowledgenment letter and file number. If you knew they required it why did you not dubmit it with the application?
      GW

  250. Hi grant, i got one question if u can assit tht will b great. My friend applied to hve his student visa extend which was rejected, so he end up wid mrt which hasnt been reviewed yet nd he s getng married very soon wid his girlfriend who is aus citizen. My question s can he lodge for visa 820/801 partner visa after marriage straight way nd withdraw mrt. What u think is d right way to lodge this kind of case thnks

    • Immigration Pty Ltd

      Harry Never comfortable traking to one person about another person and their particulars. Why are you asking for him? GW

  251. Hi Grant i am glad to come across ur blog…
    I am from Nigeria but currently a student in Malaysia, but my wife is an Australian citizen, we met online in june 2011 and we got married in Oct 2011 but no child yet, and in Dec 2011 we lodge a partner application since then we hv provided all doc requested by my CO apart from the medical, so I and my wife have been apart for the past 8months now watch is not healthy for newly married couples but we hv both maintain good contact, since then we’ve not heard from the embassy, please advice me on wot to do and i hv not done medical yet, wot are my chances of getting an approval??? pls hlp me God bless you…

    • Immigration Pty Ltd

      Ejejuru
      Impossible for me to assess as I have not seen the documents provided with your application. Where did you lodge the application? Most offshore partner application from Africa take more than 12 months.
      Nothing you can do but wait and respond to requests.
      GW

  252. thanks for ur reply Grant, I lodged my application here in Malaysia, because I am a student here… how ever I provided all the applications on the check list and even receipts of appliances bought buy wife in Australia that hv both our names on it, we also summited phone call to show that we hv both maintained good contacts since she left for Australia 8mnths ago, thnks and God bless….

  253. Thanks Grant, yes they are processing it here in Malaysia cos I was told that since I hv a status here I can lodge it here, I am apparently from Nigerian but I am here on student pass, thnks…

  254. Thanks Grant, but wot do u think that will be the out come of my application or might be delaying it even after providing all doc on the checklist and even more doc that proves that we are genuine like combine asset like car and appliances bought under our both names… thnks.

  255. Thanks Grant, but we were tld by my CO that the application will take 5-12 months, and I hv gone for my interview in April 2012 it already 10mnths since i lodged my application and it’s not health for us as newly married couples to stay apart for thi long, wot do I do now?…thnks

    • Immigration Pty Ltd

      Egejuru Yes I understand that but DIAC are not in the marriage guidance business they just process visa applications and they are totally nmoved by such requests for faster processing. Most o/s posts are taking at least 12 months. GW

  256. hello sir. May I ask you. My wife is currently looking for sponsor for her working visa as a nurse. I am at Philippines. We were married last august 2012. My question is that will the processing of her working visa affects the length of time she will get her working visa because I am already at her application?

  257. Hi Grant,

    I have recently applied for my 885 on 29 august and submitted all relevant documents to diac.however wen i called they said that processing time is currently 2 years.However i fall in priority group 4 where itsmentioned that within 10 weeks my case off will b alloted…how reliable is this info?

    Also currently i hold a 485 till 9 nov 2013. and i wish to add my partner who i recently legally got married to.we have never stayed together before that. will the marriage certificate be sufficient or do i need any other proof? My partner is currently a student who has visa till nov 2014. which documents do i need to provide and how do i submit a change of circumstances?

    • Immigration Pty Ltd

      Sam The over the phone info sounds incorrect. Maybe they misunderstood you somehow. No you will need more evidence than just a marriage certificate to get a 485 subsequent applicant visa for your wife. GW

  258. Hi Grant,

    Can any Australian fill in the 888 form or do they have to be a permanent residendent in Australia?

    Thank you

    • Immigration Pty Ltd

      Nancy 888 forms should be completed by Australian citizens or Australian Permanent residents. Both must supply proof of their status. GW

  259. Goodevening mr Grant, I will like to ask you few questions, my wife is 44 and I am 31 can it affect my application??? And what are the factors that can lead to migration/partner visa refusal??? thnks God bless…

    • Immigration Pty Ltd

      Egejuru No it will not be a major factor. There are many many reasons but in general the major one is that applicants do not either have a qualifying relationship or they have failed to provide sufficient evidence that they have a genuine mutually exclusive ongoing relationship. Also failing the medical oand have a serious criminal record. GW

  260. Dear Grant,
    I am from Pakistan, I came to Australia on student visa but my student visa got refused because of non-admission (as college cancelled my COE on non-payment) than I lodged my MRT for student visa in 2009 and after few months I married to my girl friend (Australian Citizen) and lodge my Spouse visa application in July 2010. In 2011 my student visa MRT hearing came but when I asked the migrant agent they gave me the advise if I go to the hearing it will only give the good impression and I have to take an admission in the college. Therefore I decided not to go to the hearing as I have already applied for the spouse visa so they send me the MRT refusal letter to me. After couple of days later I got my Spouse visa refusal too just because that I didnt have the valid visa when I lodged my spouse visa application. So I have again put the MRT for the spouse visa and they put me on BVC. Unfortunately I had to travel to Pakistan for some family matter so I asked the immigration what if i travel and they said I can travel but I cant come back on the same visa I have to apply different visa to come back. So I decided to travel and couple of months ago I have applied for the visiting visa (as I can switch back to my BVC if I come back to Australia) unfortunately I got refused as my documents didn’t show any ties in back home. They reckon I wont come back. So I just need an advice what visa should I apply now? as we both desperately wants to be together and start family. Your reply would be much appreciable.

    Regards,

  261. p.s. It will be 3years of our wedding on this December the 3rd 2012.

  262. Hello Grant. What an excellent site. Thank you for the above information that I have been chugging. I wish you can help me with this inquiry. I sent an email to the the Visa and Immigration Office in the Philippines and got this response: “Our records indicate that your application is on its final stage. We no longer require any additional requirements from your end. Once the decision has been finalised, it will be communicated to you/ the authorised recipient immediately.”

    My question is: What does “final stage” imply in terms of what needs to be done and how long it will take? Thanks.

    • Immigration Pty Ltd

      Maria K
      Basically means you are waiting in their queue to get a visa allocated. In reality each o/s post gets so many visas and it seems they spread them out somehow through the advertsied waiting period. It’s weird but if you are asking how long no idea as we don’t know how many others are sitting with you. Recent experience suggests no more than a couple of months but what has happened is no indication of what will happen unfortunately.
      GW

  263. Thanks mr Grant for your reply, but how can one fail a medical??? And wot are the things that can make one fail???

  264. Thanks so much for the reply! More power to you, sir.

  265. Thanks for your swift reply Mr.Grant. I need to ask one more thing, Can I apply visit visa after lodging 309/100? as I want to go back as soon as possible.

    Many Thanks,

  266. Thanks Grant for the last reply, I will like to ask few questions. My wife traveled to Australia 8mnths ago, and since then we have both maintain good contact, we talk on Face Time via our iphones like 5 times every day for the last 8mnths till date, and the house she is living in now is leased under our names and as well as the utility bills like water, gas and electricity bills all under our both names, my question is do u think it will make a lot of sense if I send my CO those doc even though I am not in Australia yet??? And those it make us more genuine??? Do you think it’s ok to send more doc to my CO even when she did not request for it??? Please will glad to get you candid advice on this questions.
    Thanks God bless you.

    • Immigration Pty Ltd

      Egejuru I think yoiu’ve reached your free question threshold. I’m not here to just answer every question . perhaps your wife needs to seek some professional assitance. Last one. No it does not make any great sense as it proves nothing in reality . But it cannot hurt. GW

  267. hi grant. assurance of support from partner when did it start from immi and does it apply for partner visa 820/801file logde in oct 2010.

    • Immigration Pty Ltd

      Harry The AOS has been in place for decades. It has recently been removed as a Migration Regualtion for all Partner visas. Are you saying your 10/2010 file is still pending? 2 years? surely not. Yes it applied to 10/2010 applications. GW

      • Yes i hve submitted my papers for 2nd stage process for 801partner visa withut aos and no document was mention in checklist regarding aos so thts why.

      • Immigration Pty Ltd

        Harry If they have not requested one they don’t want one. GW

  268. Hi Great blog, very useful to hear other peoples stories. I have a dilemma, I applied for my partner visa 12 months ago in Australia and despite several phone calls to their call centre to explain that a lot of my post goes missing, is there anything holding it up, as i might have not got a letter if they sent one. They always told me no, finally when i make one more enquiry they tell me they sent a letter months ago asking for me to supply a UK police clearance as i didn’t submit one. Grrr! So I should be getting that back from the uk this week which is the only thing outstanding.

    My problem is my 6 month work rule on my bridging visa b and just run out with my employer. And i have an amazing job, and have worked really hard to progress within the company. I am hoping my partner visa should get approved in the next few weeks as it’s been 12 months and they will have the missing police clearance this week..

    Should I ask them for an extension for the 6 month rule, or just hope they never ask where i work? As i really can’t afford to quit my job. I haven’t had an interview yet, if they need one that is?

    many thanks, for any advice

    • Immigration Pty Ltd

      James
      They cannot give you an extension on the 6 months – not legally possible.
      They do not usually ask for interviews.
      I’d just hope the visa gets granted once the police cert arrives.
      Get a better system for you mail! You’re lucky they did not flat out refuse your application.
      GW

  269. Dear GW….

    im Marsha.From Indonesia
    i am applying PM Visa subclass 300….
    here i give u my timeline :
    i was lodge : 12 june 2012
    first email from embassy ask me to do medical check up on 29 th august 2012..then i did the medical on 3rd sept 2012….
    14th sept 2012 i got email from my CO it says : ” your aplication has been assesed and examined. At this stage an interview is not required. we will contact you further if there is progress of your aplication ”

    my question is…is the process still long way to go?..can u give me estimation how long i will get the result if i already at this stage?

    thank u so much GW….

    Gbu’

  270. Hi Grant, this is a brilliant of you to give up some of your time. I notice you have written this..

    “One thing is not possible these days – medicals under the new eHealth system require the DIAC case officer to give you a letter to take to the Panel Doctor for the medical to be completed but that’s really the only thing and your offshore application can be perfect in every other way.”

    We are applying from the UK, i was under the impression there was some pre approved doctors (I am sure I have seen a list) we could go to in advance of submitting our application to speed up the process. Is this not the case?

    Thanks so much for taking the time to Answer

    • Immigration Pty Ltd

      Victoria
      Used to be the case now they are required to have a letter with a request number from the DIAC section in the embassy.
      GW

  271. sir,
    all the info you are providing here is very helpful and thank you for that. i have applied a partner temperory visa on 15/8/2011 and now till date its been 13 months and 9 days and i have not heard anything from immigration yet. sir if u can please suggest me anything i can do or request immigration to process my application soon as my father is dying with cancer and am on BVC and got no visa to come back.

    • Immigration Pty Ltd

      Jimmy
      You can try writing to DIAC partner section quoting your file number and Client ID and give them proof of your father’s condition they might pull out your application in these circumstances. Really depends on how well documented it was to begin with and what they might have to ask you to supply when they actually have a look at the applicatiion.
      GW

  272. Dear Grant,

    I am actually using an immigration agent (Lawyer) in Australia, maybe I should have asked him, but I just take a chance to ask you here (if you dont mind) as it is a really helpful blog.

    All my partner visa preparation has all been done according to my lawyer’s instruction as I & my partner have prepared the conditions for more than 1,5 years (my relationship with my partner is almost 3 years old).

    We provided everything that mentioned in the partner visa checklist, included all utilities, bills, slips & travel docs under two names, copy of original docs have been certified, provided all translation docs by the sworn translator that need to be translated, done medical check-up before I lodge the application at the appointed dr by the embassy (medical examination, x-ray and blood test for HIV) & the result has been sent to Sydney, provided 6 statutory declarations – 3 from my partner’s friends and 3 declarations from my own friends all has been witnessed and certified, 1 statutory declarations as to my relationships to my partner (my partner provided it too), all correspondence evidence (phone calls, sms’, skype, cards, pictures and letters for the last 1 year) and we even put many more extra evidence.

    At the end of May 2012, I lodged the partner visa application (subclass 309, Class UF) to the Aussie Embassy in Jakarta and at the end of August 2012, the immigration asked me to do a medical check-up, I informed the lawyer that I have done it as his instruction, then it has confirmed that today I received a letter from the lawyer that “at the moment my medical is under assessment”.

    My questions are:
    - Normally how long does the process take at this point (you might have experience & according to my application I have completed and mentioned above)?
    - When I read the information from the Embassy in Jakarta that the process of partner visa can take up to 7 months?
    - will an interview be required?

    Additional information that I was granted a 3 months visitor visa after I lodged the partner visa in May and I have spent 3 months in Australia from June-Sept 2012 and now back again in Indonesia. I have been in and out Australia 5 times since early 2010.

    Many thanks in advance.

    Kind regards,
    Sam

    • Immigration Pty Ltd

      Sam Yes you should have as you are paying him and this post is way tooo long.
      The medical questiion depends on what they have found in the medical. If there is an issue the panel doctor should have informed you but some medical conitions and ther costs to Australia need to be assessed in canberra by the Commonwealth Medical Officer. This can take months.
      Yes they can ask you to attend an interview.
      GW

  273. Hi Grant, quick question if you dont mind. Just filling in the form to sponcor my partner. I moved to Australia as a 4 year old and am a naturalised Australian do I have to tick Australian by Grant, what evidance am i expected to suply is an Australian passport all thats needed or to i need something from the ceremony my parents did to become an Aussie or further evidence i grew up in Australia. Thanks in advance for your time.

    • Immigration Pty Ltd

      Chris
      Yes by Grant
      Put in the date and give them a c/copy of the Aust Citizenship Certificate if you have it and of course your Aust Passport ID page.
      GW

  274. Hi Grant! What a fantastic blog you have! Been cruising it constantly since yesterday. I have a small question of my own. I am in Aus on a student visa and my hubby is on BVA (I came here independantly to study, we got married just a few days ago). My question is-can I switch to a spouse visa now? I have to take only one unit in my upcomming semester and would love to work full time in the meanwhile.

    • Just some more info… hubby is on the Subclass 485, and is looking forward to apply for subclass 189 (with state sponsorship) once skill is assessed with Vetassess. My current student visa will expire in Feb-but I have received another CoE from my uni (I failed a unit last sem so legitimately need another semester to finish my Master of Marketing course). Should I apply for extention on my student visa or just apply for the spouse visa (if I qualify for it)?

      • Immigration Pty Ltd

        Meher
        A 189 is an EOI Skill Select application that does not at the EOI stage generate a Bridging visa. You only get a BV if your are invited to apply and then you apply onshore. If all that can happen including the State Sponsorship before your current visa expires then you only need the GSM application if not you will need a new visa.
        GW

  275. Hi Grant. Its me again. Thanks for all your great answers. Just a quick question. Im gonna lodge my application for partner visa, then cancel the student visa after that, then change to BVE. Is it easy to get BVE? And Is there any affects to the decide of my application? Thanks!

  276. Hi Grant
    Just wanted to ask if there’s an interview required to attend in fiancé visa?

  277. Hi Grant,

    Me and my partner been staying together about 1 and the half year. We are planning to apply for de facto visa. However, she just get to know that she will be traveling for work to Malaysia quite often for the next half year. We are from Malaysia. So, we are thinking to apply the visa after half year meanwhile I will be back to Malaysia to work. Is this break the condition of “genuine relationship”? And will it affected our application? Should we just apply now?

    Many thanks in advance

    Lee

  278. Hi Grant..
    Me and my husband have been married for 2.5 years and I am permanent resident in Australia . My husband has been unlawful for couple of years yet he applied for protection visa few months ago but has been rejected . Now we put the file for partner visa 10 days ago and got the acknowledgement too but he got bvE and he got call from DIAC Yesterday for interview . They want him to see them.will he get any visa here or he has to leave the Country?

    • Immigration Pty Ltd

      Ginni
      Provided you can prove the length of the relationship and that it is a genuine relationship I’d say there is a good chance DIASC will consider the application.
      GW

  279. Hi Grant
    Its me Julie again :)
    Thanks to your information and assistance I have submitted my near decision ready application – the only thing missing was my original overseas police clearance the receipt of which I have attached to the application.
    It was great in that the application was allocated a c/o right away, but I was quoted 13 months for processing!
    I understand that the current processing time was 6-9 months, I was surprised especially with me coming from a low risk country. My questions are: should I be concerned that I am quoted a longer than usual time frame compare to other applicants, and what can I do post application to speed up the process other than waiting?

    Thanks!

    • Immigration Pty Ltd

      Juliw
      The time you’ve quoted is the new standard answer to ..How long?
      With any luck it may happen faster than that.
      Good luck
      Grant

  280. Hey Grant,
    My lawyer has applied offshore 485 partner visa application and within a month i have been assigned a case officer and asked me to get my medical, which is done as well. So how long do u reckon it will take for the decision? its been a week already. I have been married for 5 years in Australia.

    • Immigration Pty Ltd

      S
      A 485 partner visa???
      Do you mean you have applied as a subsequent entrant on your spouses already granted 485 Graduate Skilled visa?
      I am always asked how long and it is impmossible for me to say as every application is different and I ahve not seen any of your application. From our experience once DIAC have all the requirements for a 485 and I’m not sure if that is waht you mean they grant the visa immediately.
      GW