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VISA (partner visa) - is this my only option??


Woj

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Hi!

 

I wrote before but in the meantime have found some more info, which only confirmed to me that I may be pretty far from knowing all of my options.

 

In brief: I am an aussie citizen with an aussie passport. My wife and I have been married for nearly 8 years, we have two small kids which are eligable for citizenship by descent (so its only paperwork to get their passports ready). My wiofe on the other hand has only her polsih passport. We plan to move back to Australia (she has never been) in 1 year. Tickets one way, we will live there, work there and blend in with the community and after 1-2 years see how life is treating us there. If we decide that its better here than we come back (this is mostly a condition that I understand, as my wife is terrified of the move and to lose what we have here).

 

Anyway, from what I have been reading, a few weeks ago I thought that THE ONLY option we had was:

 

- the Partner (provisional) Visa (subclass 309) and partner (migrant) visa (subclass 100) - (I understand that the first 309 is for the first 2yrs, and then after 2 yrs I can apply for the 100 which will give permanent residence?

 

The cost of this visa is a whopping 7000AUS which completely blew me off my seat.

 

Now I see there is a second option:

 

- Partner Visa (subclass 820 and 801).

 

From what I know the only differences between the two is that on the first one (subclass 309 and 100) you have to be outside Australia when you apply and when you receive the visa, and the second visa (subclass 820 and 801) you can be in Australia?

 

Are those teh ONLY TWO options that I have? I'll be straight to the point, that the cost of the visa just blew me away and seeing as in Poland 7000 AUS is probably about how much you can put away in a year, I am seeking for any pother possibilities.

 

Another important factor is that my wife must be able to work legally. I know my second half quite well and know, that she cannot sit on her behind for too log and not do anything. We want to avid going to the unemployment office and would rather try and find work as soon as possible, that is why my wife would need a visa on which she can work on without a problem.

 

Any informatuion kindly appreciated. Maybe somebody has been through a similar situation??

 

All the best,

Woj.

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Yes will likely be your best option. Skilled migration would be cheaper but by the time you factor in English tests and skills assessments it could work out to be about the same.

 

As you have been married for 8 years and have 2 children your wife should be granted permanent residency straight away.

 

If you are not planning on moving for another year it would be better to apply offshore as there are usually price increases on these visas on 1 Jan so lodge sooner rather than later.

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Be aware as well, that the visa cost is only the tip of the iceberg in the emigration process.

 

The on shore application might have some advantage. The visa takes about 18 months to be granted. But, a bridging visa with full work rights would be given as soon as you lodged the application if it is on shore. That way, at least she is earning Australian dollars for 18 months. However, I would seriously discuss this with a agent before you went down that route as I am not sure on some of the implications. Eg, being Polish, there is not a reciprocal health agreement, so I am not sure she would qualify for Medicare for the 18 months.

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Yes will likely be your best option. Skilled migration would be cheaper but by the time you factor in English tests and skills assessments it could work out to be about the same.

 

As you have been married for 8 years and have 2 children your wife should be granted permanent residency straight away.

 

If you are not planning on moving for another year it would be better to apply offshore as there are usually price increases on these visas on 1 Jan so lodge sooner rather than later.

 

 

I was was told on a forum (may have been this one can't remember!) that they have scrapped pr for spouses visas and everyone now comes on a temp and is automatically processed for pr once the 2 years is up. I haven't personally double checked this but I did notice that the immi site says only temp followed by pr - I know that some years ago it definitely said pr if you'd been together for more than 5(?) years and/or had kids together.

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Something to consider, if planning to apply on-shore, what visa would your wife enter Australia on? Not sure how happy immigration would be letting her in on a tourist visa on a one way ticket with all of your worldly possessions in tow, with the intention of applying for a partner visa once she got here, doesn't seem very touristy?

 

To add misery, further costs to factor in to the cost of moving are the kids citizenship certificates if you haven't already got them (I think ours were about 80 GBP each a few years ago) plus their Aussie passports (can't remember how much they were). But, on the plus side, your wife will be the only one who has to have a medical, so that should save you some money...

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Perhaps you should call a couple of MARA registered Migration Agents and run these options by them. Many give a free telephone consultation so worth the effort. Choose three. Get them to run through the application process, likely timescales and costs involved. You can then decide to prepare and lodge the application yourself or use the services of an agent if you feel it is a bit overwhelming.

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I was was told on a forum (may have been this one can't remember!) that they have scrapped pr for spouses visas and everyone now comes on a temp and is automatically processed for pr once the 2 years is up. I haven't personally double checked this but I did notice that the immi site says only temp followed by pr - I know that some years ago it definitely said pr if you'd been together for more than 5(?) years and/or had kids together.

From the current partner booklet.https://www.border.gov.au/Forms/Documents/1127.pdf

 

 


  1. Permanent Partner visa (subclasses 100 and 801)
    For the grant of the permanent Partner visa (subclass 100 or 801), you can be either in or outsideAustralia. This is the case whether you lodged your original application in or outside Australia.
    In most cases, permanent residence cannot be granted less than 2 years from when you lodge yourapplication. You may, however, be granted a permanent visa without having to fulfil the usual two-yearwaiting period if:
     

    • at the time you apply, you have been in a partner relationship with your partner for
      3 years or more, or 2 years or more if you and your partner have a dependent child of yourrelationship; or
       
    • your partner holds or held a permanent humanitarian visa and you were in the relationship beforethe visa was granted and this relationship was declared to the department at the time (applies tosubclass 100 visas only).
       

 

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That's good news

 

the kids passports from Australia House in London are around £125 each as you have to pay extra fees for receiving them internationally (and bear in mind additional costs of getting somewhere to do the application as you can't do it by post - in the uk it is only London - I had to pay around £80 for a train ticket and that was a cheap advance one!)

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All of this info greatly helps, thanks everyone.

 

You fill the criteria and therefore would definitely be granted the second stage 100 subclass without having to wait for two years.

 

meaning, that my wife would be eligable for the permanant partbner visa straight away, or atleast in a shorter peiod than two years? That might be good news...

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Yes, you would gain the permanent visa straight away. I have just been through the same (my partner has her citizenship and we have two kids aged 3 and 5). Your partner would get the 100 subclass straight away and that would entitle you to more income support, which in turn would help as you look to find work. Big advantage.

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Yes, you would gain the permanent visa straight away. I have just been through the same (my partner has her citizenship and we have two kids aged 3 and 5). Your partner would get the 100 subclass straight away and that would entitle you to more income support, which in turn would help as you look to find work. Big advantage.

 

That is fantastic news. So just to make sure. We fill the paperwork for the partner visa, and after processing our info, my wife gets the PR visa instread? or in a quicker period of time, like a year or something? Sorry for the questions galore, just want to make sure with what we are dealing with..

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Fill in all of your paperwork and send off any documents, after that you just wait 10-14 months and your partner will be granted the 100 subclass. You skip the first stage completely, so no waiting other than what you would anyway for the visa to be granted.

 

TheMackemSlayer - thank you very much for the info :)

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  • 2 weeks later...

Hi gys. At the stage of getting documents for visa ready. Paperwork I presume will be a pain in the bum, the second pain is paying the 7grand AT THE TIME of applying the visa, which will hurt. Oh well, u live once. Money you earn in order to spend I guess :)

 

From experience, because we are applying from Poland, would it be better to fly to the UK in person (as I understand that I cannot fill in the paperwork in the warsaw embassy but only either in the UK or aussie office?) and file all the papers?

 

We have a bit of it - my aussie passport is expired, our kids passport have to be filed for and my wifes visa. Would I be able to do all of that in one visit to the UK in the embassy? The flight is a pretty quick one and fairly cheap one to london from here in Wroclaw..

 

What are your thoughts?

 

Once again, thanks for all the info :)

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