# Partner Visa Subclass 309 and 100 questions!



## MissKMFunkyDiva (May 13, 2012)

I am British and my partner is Australian. We lived together in Sydney and my WHV expired so I came home and he followed. We've now been living in the UK for over a year and are applying to go back to Aus next year. We have just started going through the application process and have a couple of questions if anyone can help!!

1. on the Sponsorship for a partner to migrate to australia 40sp form It mentions that the applicant is required to usually be residing in Australia. Currently my partner is on a tier 5 youth mobility scheme visa and is living and working in the UK. Firstly, does this matter? How do we prove be on any doubt that he can support me in Australia if he's not currently there and working?

2. Do we need to show an amount of money that both he and I have to show this? It doesn't say anything on the forms that I can see...

3. the Medical/Health check - can it be done prior to lodging an application? On the checklist it says not to do one unless requested, but on the forum people have said to do it first to save on time.

Any help you could give would be so greatly appreciated! my mind boggles trying to complete this application!!!


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## rufa (Apr 16, 2012)

MissKMFunkyDiva said:


> I am British and my partner is Australian. We lived together in Sydney and my WHV expired so I came home and he followed. We've now been living in the UK for over a year and are applying to go back to Aus next year. We have just started going through the application process and have a couple of questions if anyone can help!!
> 
> 1. on the Sponsorship for a partner to migrate to australia 40sp form It mentions that the applicant is required to usually be residing in Australia. Currently my partner is on a tier 5 youth mobility scheme visa and is living and working in the UK. Firstly, does this matter? How do we prove be on any doubt that he can support me in Australia if he's not currently there and working?
> 
> ...


Hey there MissKMfunkydiva

Going straight o the point

1. I also am An. Australian citizen sponsoring my partner, and have porte my aplicaction in FEB this year. I don't recall reading anything on form 40SP about this. I also live abroad, have been so for the last. 25 years, and it wasn't an issue to the case officer. Your partner is your sponsor therefore he shall take full responsibility of your actions, and guaranty that you have a good life down in OZ.

2. There should be some savings to help support your partner sponsoring you as this will help your case.

3. I did my medicals only when requested, and didn't know of this forum ate the time. However even if I did try and do it before I would be of no use as I didn't know where the doctor panel was. So e case officer seem to no mind ppl doing the medical before hand, it's really up to you 

Hope this helps


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## DBE (Jun 7, 2012)

*Time out of Aus*

Hi - sorry but I'm new to this forum so I may not be writing this in the correct place but I am an Australian Citizen and my fiance has been granted a Partner Visa, Subclass 309 but her Dad has just been diagnosed with cancer so she may have to spend some big chunks of time back in the States over the next year or so. Do you know if that is a problem?

Thanks for your help.


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## sbjapan (Jul 19, 2010)

DBE said:


> Hi - sorry but I'm new to this forum so I may not be writing this in the correct place but I am an Australian Citizen and my fiance has been granted a Partner Visa, Subclass 309 but her Dad has just been diagnosed with cancer so she may have to spend some big chunks of time back in the States over the next year or so. Do you know if that is a problem?
> 
> Thanks for your help.


Dear DBE,

I am a US citizen who was granted a 309 about two years ago. I traveled with my job a lot, and was out of Australia quite a bit. However, I still owned property here, had banking business here, and my Australian partner was here. It did not appear to be a problem at all.

Now I am in the "309-to-100" phase. When I received my instructions for the 100, they said that I needed to call DIAC if I were to be traveling during the period when my 100 was being considered. My Dad has cancer, too, and I was just in the US for 3 months. I contacted DIAC two days before I left, and contacted them again yesterday when I returned to Australia. The person on the phone said that she made a note in my file, and that my 100 was truly in process.

Best to your partner and her Dad. I can totally relate.


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## DBE (Jun 7, 2012)

sbjapan said:


> Dear DBE,
> 
> I am a US citizen who was granted a 309 about two years ago. I traveled with my job a lot, and was out of Australia quite a bit. However, I still owned property here, had banking business here, and my Australian partner was here. It did not appear to be a problem at all.
> 
> ...


Thanks so much for your help, really appreciate it. All the best to you and your Dad.


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## DBE (Jun 7, 2012)

Hi SBJAPAN (and others),

Sorry to bother you but wondering if you might know the answer to another question I have regarding my fiance who has the Subclass 309 visa. Does she need to get a Tax File Number (and if so does she apply for one just as a regular citizen) and does she pay Australian taxes on her Australian income or US taxes?

Thanks again so much for your help.

Davyn


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## dingo144 (Dec 5, 2011)

Hi DBE,
Yes she has to apply for a TFN if she wants to work....there is only one form that can be used for that...and one question is residence status there she has to tick temporary resident
She will pay australian taxes...I think she will only pay US taxes if she gets payed into an US account (at least that's the way it works for me as Austrian citizen...so of course I get payed into my aussie account)

hope that helps...

cheers


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## myaccessaustralia (May 16, 2012)

Hi, that usually resident in Australia requirement only applies if your sponsoring partner is an Aus permanent resident. If your sponsor is an Aus citizen, this doesn't apply

And you should try and complete the medicals before lodgement so that you can include the results in your application. You should aim to lodge your application complete and decision-ready which will give it priority processing.


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## DBE (Jun 7, 2012)

dingo144 said:


> Hi DBE,
> Yes she has to apply for a TFN if she wants to work....there is only one form that can be used for that...and one question is residence status there she has to tick temporary resident
> She will pay australian taxes...I think she will only pay US taxes if she gets payed into an US account (at least that's the way it works for me as Austrian citizen...so of course I get payed into my aussie account)
> 
> ...


Thanks Dingo 144, appreciate it


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## DBE (Jun 7, 2012)

So she is not classed as a "permanent migrant or temporary visitor to Australia" then? Because it looks as though there is a separate application form for those people.


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## dingo144 (Dec 5, 2011)

Good Morning DBE,

I just checked the ATO homepage again...I'm really sorry I recalled it incorrect...you're right she has to choose first the "permanent migrant " tab and fill everything in there...

HERE

Cheers


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## Ranzi (Jul 22, 2012)

rufa said:


> Hey there MissKMfunkydiva
> 
> Going straight o the point
> 
> ...


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