# Partner Visa 309 - Sponsor and Partner both living outside Australia



## imran12 (Dec 2, 2014)

Hello guys,
I am new to this forum and would just like to post a query here to get an expert advice from you people. I have Australian PR and I made an entry in Australia for around 15 days in June 2014. I live with my wife in Pakistan and I have plans to move to Australia permanently with my wife sometime in 2015 but obviously my wife doesn't have a visa so I need to apply a partner visa for her. 

So, my question is that since I have spent only 15 days in Australia, will there be a problem if I apply a Partner visa for my wife. Secondly, in form 40SP, it states that if you are not residing in Australia then you need to tell them how you will meet your sponsorship obligations. I don't have a lot of savings or assets to show them but I want to apply for her now so that by the time I go to Australia and find a job there, I would be able to call her quickly without much delay since her VISA would already be in process.

Another thing is that my sister and brother-in-law are Australian citizens. So, can I get their statements which say that they would be supporting us initially after we move to Australia till the time we get a job? Will that be sufficient to fulfill the sponsorship obligation?

Please do reply ASAP. I am really worried about this and want to apply for my wife really soon.

Thanks


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## mmis4167 (Dec 2, 2014)

the question was asked and answered many times before. use search option next time before you ask

here is the link to Mark thread and his answer

australiaforum dot com/534282-post3052 dot html

(sorry for dots - remove them - as i am apparently not able to post any links )


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## Mish (Jan 13, 2013)

As you are a PR you will need to be able to demonstrate that you are a usually resident of Australia. You will have to show evidence that you are usually a resident of Australia. This usually comes in the form of a job, house etc. It will help that you have family that are citizens of Australia. It is usually suggested not to apply until you have a job etc in Australia.

The decision will be the case officers, they are the ones who determine if you meet the criteria.

Having statements from your family saying that they will support you is good too.

mmis4167 - On this forum we are here to help people regardless of if the same question has been asked before. There are few questions that pop up time and time again but we answer them with the answers they need. Please remember to be polite when answering questions.


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## CCMS (Oct 10, 2013)

imran12 said:


> Hello guys,
> I am new to this forum and would just like to post a query here to get an expert advice from you people. I have Australian PR and I made an entry in Australia for around 15 days in June 2014. I live with my wife in Pakistan and I have plans to move to Australia permanently with my wife sometime in 2015 but obviously my wife doesn't have a visa so I need to apply a partner visa for her.
> 
> So, my question is that since I have spent only 15 days in Australia, will there be a problem if I apply a Partner visa for my wife. Secondly, in form 40SP, it states that if you are not residing in Australia then you need to tell them how you will meet your sponsorship obligations. I don't have a lot of savings or assets to show them but I want to apply for her now so that by the time I go to Australia and find a job there, I would be able to call her quickly without much delay since her VISA would already be in process.
> ...


As you are not an Australian citizen, you must provide evidence that you are "usually resident" in Australia. Look through some of my old posts as I have responded to similar queries before.


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## EDT (Aug 22, 2014)

Mish said:


> It is usually suggested not to apply until you have a job in Australia.


I thought you could sponsor somoene even with no job. Me that was about to resign from my current job so I could be next to hubby until the decision is ready. Correct me here if I'm wrong


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## CollegeGirl (Nov 10, 2012)

EDT said:


> I thought you could sponsor somoene even with no job. Me that was about to resign from my current job so I could be next to hubby until the decision is ready. Correct me here if I'm wrong


Australian citizens can. Australian PRs can if they are already usually resident in Australia. It's much harder for those who have not lived there.


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## mmis4167 (Dec 2, 2014)

Mish said:


> mmis4167 - On this forum we are here to help people regardless of if the same question has been asked before. There are few questions that pop up time and time again but we answer them with the answers they need. Please remember to be polite when answering questions.


Mish,

with all due respect, I think, that remanding of using search option is more a way to built a respect for contributing members than impolite style of answering some questions.

Regs

martin


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## imran12 (Dec 2, 2014)

Mish said:


> As you are a PR you will need to be able to demonstrate that you are a usually resident of Australia. You will have to show evidence that you are usually a resident of Australia. This usually comes in the form of a job, house etc. It will help that you have family that are citizens of Australia. It is usually suggested not to apply until you have a job etc in Australia.
> 
> The decision will be the case officers, they are the ones who determine if you meet the criteria.
> 
> ...


Thanks for the reply Mish. I got your point that applying after getting a job in Australia will significantly increase the chances of my partner getting a 309 visa. I also know that once I apply 309 for my partner, I can also call her on visit visa. However, I would like to apply for a 12 month visit visa then so that she could stay with me till the time she gets her 309 visa.

My question to you is, is it possible for her to get a 12 month visit visa? Should I specifically tell them that I want to be with her and it will be very difficult for us to be without each other and that's why I want to call her to Australia so that during 309 processing she could be with me? OR she wont get a 12 month visa in any case?

Also, is there a restriction to the number of visit visas one could get in a year specially in case of high risk countries in this case Pakistan?


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## Mish (Jan 13, 2013)

imran12 said:


> Thanks for the reply Mish. I got your point that applying after getting a job in Australia will significantly increase the chances of my partner getting a 309 visa. I also know that once I apply 309 for my partner, I can also call her on visit visa. However, I would like to apply for a 12 month visit visa then so that she could stay with me till the time she gets her 309 visa.
> 
> My question to you is, is it possible for her to get a 12 month visit visa? Should I specifically tell them that I want to be with her and it will be very difficult for us to be without each other and that's why I want to call her to Australia so that during 309 processing she could be with me? OR she wont get a 12 month visa in any case?
> 
> Also, is there a restriction to the number of visit visas one could get in a year specially in case of high risk countries in this case Pakistan?


Honestly, with high risk countries nobody knows what the outcome unlike low risk where we know they will get approved.

Generally they will grant 12 month visa's with a max stay of 3 months, they don't grant 12 months without exit very often.

Because you are married you have the option of either applying for a family sponsored visitor visa or a normal visitor visa. However, because you are not settled in Australia for a reasonable period of time you probably are unable to do a family sponsored visa (you can check with Mark on this one).

Therefore you only option would be a normal tourist visa which may be hard to get. I am unsure what the success rates are for tourist visa's from Pakistan are. You will need to provide as much evidence as you can to show that your wife will depart Australia when the visa finishes (hard when applying for a partner visa). You can do a covering letter explaining how you have applied for a partner visa and you know she has to be offshore when the decision is made on it. You can also provide things like approved leave from her job and showing she has a job to go back to along with a house lease or mortgage. Your wife will also need to show she can support herself in Australia. You can provide your bank statement showing you can support her but it is up to the embassy if they will take that information or not, some will take it into account and others will not.

Good-luck with it . If you have any further questions please let me know


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