# 309 Partner visa



## ambrishshukla123 (Sep 16, 2017)

Applied my wife's visa onshore (she is currently in India) 309 Partner Visa on 27 March 2017. Got a request in a month for form 888 and medicals , which was submitted by May. Also included ielts by June 7. Since then not heard anything from the immigration. How long it may take more for the grants. Applied through an agent and everything was submitted up to date.

Can someone please tell me how much more time it will take ?


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## KofteQueen (Mar 31, 2016)

ambrishshukla123 said:


> Can someone please tell me how much more time it will take ?


Unfortunately, I don't think anyone can tell you exactly how long it will take.

You mention the 309 visa, but also said you applied onshore - I'm a little confused by that. But if you applied for the 309 and it is being processed in India, then you could search the forum for other peoples' wait times from the Australian High Commission in India. Every case is different, but that could at least give you an idea.


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## ambrishshukla123 (Sep 16, 2017)

Yes that's 309/100Partner Visa which i think is similar to 820/801 visa. And since i am here in Melbourne, my wife is living in India becoz we got married in February this year. So is there a link of the number of application that got processed in vfs or high commission website?


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## Skybluebrewer (Jan 15, 2016)

You can't apply for a 309 onshore; it is an offshore visa. The 820 is the onshore version of partner visas.


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## ambrishshukla123 (Sep 16, 2017)

It might be the case where my wife's file might have gone to Delhi for the processing. Becoz the acknowledgment letter from
My agent here clearly says its a 309 visa. And the case officer requested police checkand medical in a month time. Thereafter we also got an email from the dfat high commission new delhi to sign some consent form. All the required documents was submitted to them. So my question is that is my wife's file being processed in India or here?


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## tijanaoc (Mar 13, 2017)

It boils down to: was your wife offshore (in India) or onshore (in Australia) at the time you applied for her partner visa? If she was offshore it would be a 309 visa and processed in the high commission in India as KofteQueen said above.


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## ambrishshukla123 (Sep 16, 2017)

Yes she is offshore currently. nd also at the time of visa lodgement. Thanks i was confused all these days as to where her visa is getting processed. 
The last file update of her was on 7th June 2017 when we submitted her ielts. Everything else is done and given as needed. She did have someone calling from high commission about two months ago, which was around July 2017.

Technically its 6th month running since her visa lodgement.
Any last update on the site of Australian high commission, India website which mentions about how many applications have been processed this year and up to how many months?

Like how we see in DIBP WEBSITE that says about this many percentage of file has been processed.

Many Thanks ?


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## ampk (Sep 21, 2013)

Since when is the ielts required for a 309 application?

DIBP process times are not very good to use as a guide, regardless of the average time they had published at time of application it can change during your application.

6 months is not a long time. They are saying 75% are taking 13 months at the moment. This number changes as there is a limit to number of visas granted each year and there are more applicants each year than the maximum grant number.


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## ambrishshukla123 (Sep 16, 2017)

Ielts requirement is mandatory if the spouse is not from English background. Its 4.5 overall requirement. 
Also, I have seen that info of the processing times on DIBP website. I am asking here about the Australian High commission, India that processes the visa.


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## Skybluebrewer (Jan 15, 2016)

ambrishshukla123 said:


> Ielts requirement is mandatory if the spouse is not from English background. Its 4.5 overall requirement.
> Also, I have seen that info of the processing times on DIBP website. I am asking here about the Australian High commission, India that processes the visa.


Can you give us a DIBP source for this information, such as a website or where in the partner migration booklet it says the IELTS is required for the 309/100 partner visa?


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## Skybluebrewer (Jan 15, 2016)

I hope your agent is a *registered migration agent* in Australia.


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## ambrishshukla123 (Sep 16, 2017)

Mate! Ielts is only mandatory when your partner is from NON ENGLISH BACKGROUND. 
The requirement is just 4.5 OVERALL!!!! That is to Prove your Functional English.

Again, my Agent is REGISTERED MIGRATION AGENT, and i am with him since 2009, applied all my visas including Student visa renewal and my Permanent Residency visas. Hope that can clear your doubt. 
And here is the information on DIBP website, since i am a holder of 189 Skilled Migrant visa:

Evidence of English language ability ? applicant(s) who are members of your family unit
Evidence of Functional English must be provided for each applicant who is a member of your family unit and who is 18 years or older at the time the application is lodged. Evidence of Functional English can be provided up until the time the application is decided.
If you will not be providing evidence that a member of your family unit applicant has Functional English, you should advise that you will pay the second instalment of the visa application charge. This charge will be requested when required by the processing office.

http://www.border.gov.au/about/corporate/information/faqs/how-can-i-prove-i-have-functional-english


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## ampk (Sep 21, 2013)

ambrishshukla123 said:


> Mate! Ielts is only mandatory when your partner is from NON ENGLISH BACKGROUND.
> The requirement is just 4.5 OVERALL!!!! That is to Prove your Functional English.
> 
> Again, my Agent is REGISTERED MIGRATION AGENT, and i am with him since 2009, applied all my visas including Student visa renewal and my Permanent Residency visas. Hope that can clear your doubt.
> ...


That's not for a 309 visa! it is for your visa the 189 or what ever it was.

Is your RMA Australian based and what are the first 2 digits of their registration number?


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## ampk (Sep 21, 2013)

There are several RMA,s that often politely correct myself and others that make incorrect posts - so with that said.

There is ZERO requirement for any English understanding at all for a 309 Partner Visa application.

Once a 309 has been granted the applicant can chose to join the Adult Migrant English Program for 510 hours of "free" English language tuition. It is not compulsory or is there any test or pass for English at the end of the program. 

This is the goal of the course - to help them learn foundation English language and settlement skills to enable them to participate socially and economically in Australian society.


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## Skybluebrewer (Jan 15, 2016)

ambrishshukla123 said:


> Mate! Ielts is only mandatory when your partner is from NON ENGLISH BACKGROUND.
> The requirement is just 4.5 OVERALL!!!! That is to Prove your Functional English.
> 
> Again, my Agent is REGISTERED MIGRATION AGENT, and i am with him since 2009, applied all my visas including Student visa renewal and my Permanent Residency visas. Hope that can clear your doubt.
> ...


That link doesn't mention IELTS as a 309 requirement, mate.


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## KofteQueen (Mar 31, 2016)

Skybluebrewer said:


> I hope your agent is a *registered migration agent* in Australia.


My thoughts exactly!


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## KofteQueen (Mar 31, 2016)

ambrishshukla123 said:


> Technically its 6th month running since her visa lodgement.
> Any last update on the site of Australian high commission, India website which mentions about how many applications have been processed this year and up to how many months?


As I mentioned in my first post, no one can tell you exactly how long you will have to wait. You could have a read through this thread, to see what other people's experiences have been with the High Commission in New Delhi. Remember that every case is different.

http://www.australiaforum.com/visas...dia-australian-high-commission-new-delhi.html

I sincerely hope that your agent is a MARA registered agent, as (to the best of my knowledge) your wife does not require an IELTS score of any description for a 309.


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## ambrishshukla123 (Sep 16, 2017)

Yes They are Australian based. lol i have been living here since 9 years and as i sAid earlier all my visas have been done by them.

Sky high consultant is the name located in collins street. And yeah that requirement might have gone or taken of in the new financial year as thats the link that was sent to me by my agent.

http://www.sky-high.net.au/Immigration-Visa-Services.html

MARA number: 
0964532

Hope that help and yeah i think no one getting my point here. Becoz a friend of mine told me if the partner is offshore then the visas are processed in the respective country(in my case its India). And even my friends partner had to appear for an Ielts which is a must.
If not appears there is charge of around $3500 additionally

Many thanks


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## Skybluebrewer (Jan 15, 2016)

We'd still love to see a DIBP source that claims that.


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## manmohanmakkar (Jun 20, 2016)

There is no English requirement for 309 partner visa. (No IELTS required regardless of any language background) - if somebody tells you to submit IELTS for any partner visa is incorrect. Secondly, I believe Mr. Ambrish by saying 309 onshore he means 309 online, which is possible. More likely the processing of this application will be done at Australian High Commission New Delhi and currently, they are taking around 14 months even if you get the case officer in 7 months. If lucky you might get an approval after submission of all documents as I have seen few approvals in 9 months. Good luck and let us know if you get in next few months.


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## KofteQueen (Mar 31, 2016)

ambrishshukla123 said:


> And even my friends partner had to appear for an Ielts which is a must.
> If not appears there is charge of around $3500 additionally


Was your friend bringing their partner in on a partner visa (309 / 180) or was it attached to another kind of visa? (e.g. skilled migration visa)

Who charges an additional $3500 if the partner does not have IELTS - the migration agent? To the best of my knowledge (and I am happy to be corrected by one of the RMAs on this site) - DIBP does not require IELTS for a 309, nor does it charge extra if you don't have IELTS. This sounds extremely dodgy to me.

Maybe you should contact your agent and clarify whether your wife's visa application is indeed a 309. Then you will know for sure that it is being processed in New Delhi.


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## ambrishshukla123 (Sep 16, 2017)

That's exactly my visa wife's visa category. 309 Provisional parter visa. 

With the link, i will definitely get it from my agent (a legal DIBP one and give it to u by tomorrow)

Also, there were couple of requirements from New Delhi for me such as my Australian and Indian Police check which was submitted about 3 months back.

So this is absolutely genuine. And i can confirm that high commission processes it.


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## KofteQueen (Mar 31, 2016)

I'm sure your wife's visa application is genuine. If the Australian High Commission in New Delhi has already been in contact with you or your RMA regarding police checks, then her visa is being processed in India. Have a look at the link I gave earlier, to see how long others are waiting. I think someone mentioned that the average time seems to be around 14 months at the moment. 

What doesn't seem genuine to me is the additional requirement of IELTS, or an "extra fee" of $3500 if you fail to provide it. I'm very curious to see the DIBP link from your agent.


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## Skybluebrewer (Jan 15, 2016)

A DIBP link, not an agency site.


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## ampk (Sep 21, 2013)

A few cut and pastes of interest from Skyhigh.

* After being on the 457 for 2 years there is pathway to permanent residency if you are still with the same employer.

* Couples, who cannot show a 12 months history together can register their relationship with one of the State relationships registers (in QLD, VIC, NSW, ACT and TAS) is exempt from the 12 months requirement to live together prior to applying.

* Couples that wish to bring their fiancé to Australia to get married can apply for the Prospective Marriage Visa. Applicants must agree to marry within 9 months of entering Australia

Well that's enough for me to never use their services!


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## ambrishshukla123 (Sep 16, 2017)

Frankly speaking this is giving me nightmares of the processing time.. hope my wife is lucky enough to get her visas soon. I will definitely send u link by tomorrow. For ielts.

Also, just a question: can i apply her visitor visa and how much stay she may get if approved and can it get extended?


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## ambrishshukla123 (Sep 16, 2017)

Ampk thats your choice mate! I have never faced any problem.

I extended my student visa
Went for another extension 
Applied my TR
Applied my PR

Everything went smooth till now. No problem at all for me and to my knowledge, whoever has gone there, like my friends and their friends has never faced any problem. But just a quick one.. are you a migration agent? Or a Visa holder?


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## KofteQueen (Mar 31, 2016)

ambrishshukla123 said:


> Also, just a question: can i apply her visitor visa and how much stay she may get if approved and can it get extended?


The wait time is challenging for many couples. Since you already have a RMA, and are happy with his services, you should probably discuss the visitor's visa with him.


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## ambrishshukla123 (Sep 16, 2017)

Cool! ? Thank you for that?


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## ampk (Sep 21, 2013)

It is fine for you to be happy with them.

I to am waiting eagerly to see this DIBP link and the $3,500 I would have expected that to be part of our PMV or later 820 application.

From the post above-

* The 2 year pathway for PR for a 457 is very obsolete now.

* Relationship registration DIBP only allowed QLD and NSW - recently (within weeks) I think CCMS posted SA is now or soon will be a registration state.

So VIC,ACT and TAS are wrong!

* Applicants must agree to marry *within 9 months of entering *Australia

This is a very wrong statement - it is 9 months from visa grant. Pretty poor when the applicant can loose +$7,000 over this statement.


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## KofteQueen (Mar 31, 2016)

ampk said:


> I to am waiting eagerly to see this DIBP link and the $3,500


The skilled independent visa (189) costs around the $3500 mark and has English language requirements. Maybe the OP's RMA is a bit confused. Either that, or they have shares in an IELTS centre!


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## ambrishshukla123 (Sep 16, 2017)

When i will get the exact link i will let you. 

By the way, my agent don't have any shares!! He earlier sent me a link which was like 6 months old, and immigration information may get updated. So i will have to contact him tomorrow. Also, that ielts exam she sat was in India and not here. 

You can confirm with Auzzies Group (most popular agent currently) with that. 820 Visa category has more processing time as mentioned in the DIBP website. There is a slight difference between 309 and 820 as per my knowledge. 

309 visa category has 75% application processed within 13 months and 90 % in 16 months. 

Nevertheless i am happy to wait until i have further doubts and querries. I am looking forward for my wife's visa very eagerly. The final phone interview by New delhi was done couple of months ago, my friends wife had her interview in april and she got her visa in June. 

Fingers crossed.???? Please pray for the visas??


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## ampk (Sep 21, 2013)

Yes KQueen, I am aware of that requirement for that visa.

Getting requirements wrong for a RMA is not very good and shows the standard level of service you can expect. Many posters on here that are not Agents of any description often point out the PMV marriage requirement is from grant date not entry date (that can be many months after grant date). Yet this company has it clearly as from arrival in Australia. Maybe this agent came to Australia on a 309 and does not understand English well enough to know when what English requirements are for what visas?

Disclaimer - I did not see that this agent or company required English test requirement - only what the OP has stated. But the web site has much flawed info, I stopped reading.


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## ambrishshukla123 (Sep 16, 2017)

May be you might have bad experiences of some agent. Please don't accuse someone in such way. That company is not obviously controlled by a single person. If you are in Melbourne, I can take you there and ask him to speak with you. For me and lot other they are Genuine! Just becoz you don't know the migration agent, don't assume anything. Thanks


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## ampk (Sep 21, 2013)

ambrishshukla123 said:


> May be you might have bad experiences of some agent. Please don't accuse someone in such way. That company is not obviously controlled by a single person. If you are in Melbourne, I can take you there and ask him to speak with you. For me and lot other they are Genuine! Just becoz you don't know the migration agent, don't assume anything. Thanks


Mate!

They have incorrect statements on their web page, it is not an accusation it is a fact - and from the link you provided.

Now I have pointed out some of the errors that they have on their website and have informed you why they are errors. It seems many also think that the English test or the $3.5K is another error (I have not been corrected on this yet).

So on face value and with my limited knowledge I am very sceptical of your agency - oh they maybe legitimate as our governments is, but that does not mean they are good.

As I have said they have too many errors on their web page for me to consider using them.

P.S. I am more than happy to talk with your agent, but first refer him/her to this thread, so they fully understand what the conversation is about - they may also address their web page as a matter of urgency too.


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## Skybluebrewer (Jan 15, 2016)

Think what you want about your agent but they are either very clearly incorrect on partner visa requirements or you have seriously misunderstood them. Either way, hopefully for you the actual application and evidence was done correctly.


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## Skybluebrewer (Jan 15, 2016)

We hate to be pushy on the subject of IELTS but there are many people that follow this forum even though they never post anything and we don't want them being misinformed on visa requirements because you're claiming it to be a requirement for a partner visa. Hence why we are asking for a DIBP source. Unless DIBP says it's a 309 requirement, then it is not a requirement. We're more than happy to be proven wrong if it means people get accurate information and will correct our posts if that's the case.


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## Skybluebrewer (Jan 15, 2016)

If you have a read through the Partner Migration Booklet provided by DIBP as a guide to partner visa applications and requirements, you'll see there is no mention of IELTS.

https://www.border.gov.au/about/corporate/information/forms/information-forms-and-booklets/booklets


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## ampk (Sep 21, 2013)

amb123

Did you request a link from your "registered Migration Agent"?

or is it time we ask them directly?


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## ampk (Sep 21, 2013)

Any link yet from this RMA of yours?


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## hfarook (Sep 22, 2017)

Skybluebrewer said:


> Can you give us a DIBP source for this information, such as a website or where in the partner migration booklet it says the IELTS is required for the 309/100 partner visa?


I don' t think so that is correct !!!! Are they really asking IELTS for 309 Visa ?
w

Are they not going to process the visa application if she doesnt score enough in IELTS?..

Normal time to process your 309 Application from INDIA is usually 13 months.


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## Skybluebrewer (Jan 15, 2016)

hfarook said:


> I don' t think so that is correct !!!! Are they really asking IELTS for 309 Visa ?
> w
> 
> Are they not going to process the visa application if she doesnt score enough in IELTS?..
> ...


No, it is not correct. Though OP says IELTS is a requirement, he has still yet to prove a source where it says that. Hence my post asking for it. He has clearly been misinformed or misunderstood requirements. Thoughif he ever provides a valid source, I'm willing to correct myself.

To be clear, IELTS is not a requirement for partner visas (300, 309/100, or 820/801).


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## al_ghazal (Nov 19, 2016)

Two issues are being conflated here. if the partner of some skilled stream permanent visas doesn't have functional English they are required to pay a second VAC to cover the cost of the English language tuition on arrival in Australia (even if the partner never takes the Classes).

That's where they $3500 figure comes from but as many have already pointed out there's currently no English language requirement for partner visa from ghee family migration stream ie 309/100 and 820/801. As an aside I wouldn't be suprised if a second VAC was introduced for family stress visas...the citizenship changes certainly highlight it's on the governments agenda.


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## ampk (Sep 21, 2013)

al_ghazal said:


> Two issues are being conflated here. if the partner of some skilled stream permanent visas doesn't have functional English they are required to pay a second VAC to cover the cost of the English language tuition on arrival in Australia (even if the partner never takes the Classes).
> 
> That's where they $3500 figure comes from but as many have already pointed out there's currently no English language requirement for partner visa from ghee family migration stream ie 309/100 and 820/801. As an aside I wouldn't be suprised if a second VAC was introduced for family stress visas...the citizenship changes certainly highlight it's on the governments agenda.


Wont happen in my opinion - other than money that our pollies have - none of them were required to do it. And they don't even know what citizenships they hold.

It will fall into the same category of refugee allowances a year - we must be seen to please all!


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