# Partner visa 309.



## SLBOY (Nov 1, 2013)

I have PR in Australia and I am currently in Aus. Recently my wife and son applied for 309 partner visa on 15 Aug 2013. She did the medical on 07 Oct 2013. How long will it take to grant my wife visa as you guys think. Because I got 3 weeks holiday on Christmas. If they granted visa before Christmas then I can go to Srilanka and bring my wife and child over here. Please give your thoughts guys. Thanks in advance.


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## kttykat (Oct 30, 2012)

SLBOY said:


> I have PR in Australia and I am currently in Aus. Recently my wife and son applied for 309 partner visa on 15 Aug 2013. She did the medical on 07 Oct 2013. How long will it take to grant my wife visa as you guys think. Because I got 3 weeks holiday on Christmas. If they granted visa before Christmas then I can go to Srilanka and bring my wife and child over here. Please give your thoughts guys. Thanks in advance.


Sorry but I would think that there would be almost no chance of a grant by then. It can take a year or more for a grant from a high risk country....

Kttykat


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## SLBOY (Nov 1, 2013)

kttykat said:


> Sorry but I would think that there would be almost no chance of a grant by then. It can take a year or more for a grant from a high risk country....
> 
> Kttykat


Ohh really. damn. I thought her visa will be granted quickly because at the time I applied for my PR we were married and I included all the details of my wife and son including birth certificates,marriage certificates etc. She even underwent the medical and clearance certificate at that time. So I thought our case is obvious but apparently not.


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## Mish (Jan 13, 2013)

SLBOY said:


> I have PR in Australia and I am currently in Aus. Recently my wife and son applied for 309 partner visa on 15 Aug 2013. She did the medical on 07 Oct 2013. How long will it take to grant my wife visa as you guys think. Because I got 3 weeks holiday on Christmas. If they granted visa before Christmas then I can go to Srilanka and bring my wife and child over here. Please give your thoughts guys. Thanks in advance.


Sorry pretty much no chance.

They should have told you what the processing times are in the acknowledgement email your wife got from your case officer ie. We have been told 9 months is average for our embassy (we are high risk too).

Even so 4 months is rare even for low risk countries.


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## SLBOY (Nov 1, 2013)

Mish said:


> Sorry pretty much no chance.
> 
> They should have told you what the processing times are in the acknowledgement email your wife got from your case officer ie. We have been told 9 months is average for our embassy (we are high risk too).
> 
> Even so 4 months is rare even for low risk countries.


when did you receive the visa bro...


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## Mish (Jan 13, 2013)

SLBOY said:


> when did you receive the visa bro...


It is still processing we are at 7 months now.


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## SLBOY (Nov 1, 2013)

Mish said:


> It is still processing we are at 7 months now.


Hope you guys receive visa ASAP.

This is what our case officer's response.



> This is to inform you that we have registered this applicants application on the 15 August 2013, as you have applied for spouse migration under sub-class 309.
> 
> I am the case officer who is processing your application. If and when required I will get in touch with you.
> 
> ...


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## Mish (Jan 13, 2013)

Good luck with your application .

Sounds like it might be a 12 month wait or around that time for you. It all depends on checks and even case officers don't know when they will come back.


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## curious110 (Dec 26, 2013)

*Sponsor requirements*

Hi,

as long as the sponsor is an Australian citizen, it *doesnt *matter wether he's living in Australia or not, right?

for 309 a partner application, they *dont *have to be living together for min 12 months before applying, right?

Thanks very much


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## Mish (Jan 13, 2013)

Sorry not 100% sure on the first part but I believe for citizens they can be out of Australia for a fair amount of time but then they need to show strong ties to Australia where pr needs to be a usually resident.

In regards to 309 that is for spouse and de facto. Spouse you don't need to have lived together for 12 months but de facto you do need to unless you register the relationship.


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## curious110 (Dec 26, 2013)

Mish said:


> Sorry not 100% sure on the first part but I believe for citizens they can be out of Australia for a fair amount of time but then they need to show strong ties to Australia where pr needs to be a usually resident.
> 
> In regards to 309 that is for spouse and de facto. Spouse you don't need to have lived together for 12 months but de facto you do need to unless you register the relationship.


Mish, 
thanks so much as usual for the answers!
now, you know to some extend my situation, do you think that if I go to Kenya and marry her legally there and come back and she applies for partner visa, we would have better chanc than PMV?

I mean we have lots of evidences etc but our timings are very tight and I assue once we get married, these tight dates are not that important!
7th dec met online
late dec agreed to marry
11th jan I met her
14th jan we got engaged
27th jan left

whats your catch Mish?
thanks once again


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## Mish (Jan 13, 2013)

My opinion is no a pmv is better as requires less evidence. 

When we applied for our pmv we were advised against marriage unless could live together for atleast 3 months afterwards. 

Getting married is just a small step it is the evidence that you need that is hard when living apart.


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## ozzy (Jun 8, 2013)

Yes the citizen can be out of australia and still sponsor a partner. Eg. The sponsor might be living for the past 4 yrs in their partners country. Think its different if the sponsor is a PR..then they need to have been living in australia for a certain time before applying


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## kangaroogirl (Aug 25, 2012)

curious110 said:


> Mish,
> thanks so much as usual for the answers!
> now, you know to some extend my situation, do you think that if I go to Kenya and marry her legally there and come back and she applies for partner visa, we would have better chanc than PMV?
> 
> ...


I think you'd be better applying for a PMV. She's from a high risk country, and you met online only 4 months ago, and have spent less than a month with her in total.

There's no way you will have the evidence required for a 309 application.... That's just my opinion.


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## Star Hunter (Jun 29, 2012)

Just something to add that has been playing on my mind a little bit of late.

The PMV is ideal for people in your situation for more than the obvious reasons. It's not just having evidence required for the visa, but it's about actually establishing a lifetime partnership in the first place - visa issues aside. 

Meeting someone online four months ago, spending one month together in total and then getting married and applying for a partner visa is a huge step. 

The PMV is a good choice, because it gives you time together to live as one household, really get to know one another and clarify in your minds the desire to commit to this person for the rest of your life to the exclusion of all others. Doing this BEFORE committing to the substantive 820 visa which leads to permanent residency is important in my opinion. If you can't manage living together for at least several months before applying for the partner visa, then I think it's best - in terms of the visa and your own wellbeing - to apply for the PMV. 

I'm certainly not saying your relationship won't last the distance or isn't real because of the short time frame, but I'm well aware of how rushed we can feel with these visas and fitting in around tourist visas and everything. It's hard, but we deserve to spend some time cultivating that relationship to make it as strong as it can be, you know  The PMV gives you some time to just enjoy your fiancée for a few months, get settled into a routine and make everything that much more clear going forward into the 820 visa. 

Good luck!!!


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## curious110 (Dec 26, 2013)

Star Hunter said:


> Just something to add that has been playing on my mind a little bit of late.
> 
> The PMV is ideal for people in your situation for more than the obvious reasons. It's not just having evidence required for the visa, but it's about actually establishing a lifetime partnership in the first place - visa issues aside.
> 
> ...


thank you so much for all the tips and sincere concerns, much appreciated


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## Star Hunter (Jun 29, 2012)

curious110 said:


> thank you so much for all the tips and sincere concerns, much appreciated


Thank you for taking the post in the spirit it was intended. I was worried you would think I was criticising the length of your relationship or the fact it started online. I wasn't  My own marriage began online and we met in person in April and got married that October, so by no means was it a long standing one (we had about a year of online contact prior to meeting though).

I truly do wish you and your beautiful fiancée good luck and happiness! May we all on this forum have a wonderful big catch-up in Oz one of these days


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## curious110 (Dec 26, 2013)

Star Hunter said:


> Thank you for taking the post in the spirit it was intended. I was worried you would think I was criticising the length of your relationship or the fact it started online. I wasn't  My own marriage began online and we met in person in April and got married that October, so by no means was it a long standing one (we had about a year of online contact prior to meeting though).
> 
> I truly do wish you and your beautiful fiancée good luck and happiness! May we all on this forum have a wonderful big catch-up in Oz one of these days


thank you so much! you have mentioned the reality 
all the best to all!


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## kangaroogirl (Aug 25, 2012)

Curious, I saw in your other thread you were asking about tourist visas and your fiance resigning from her job... I'd say you'd be taking a huge risk if you were considering bringing her on a tourist visa to get married instead of on a PMV. 

Even if you get married it won't make you instantly eligible for a partner visa. 

I don't mean to sound harsh but from a high risk country like Kenya, meeting online and deciding to marry within a few weeks is going to look very suspicious. 

Like Star Hunter, I'm not trying to insult your relationship... Just to warn you that it would be very risky and you'd be unlikely to be successful. You could simply lose $5000 and then she wouldn't even have a job to go back to. You should go with the PMV.


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## Star Hunter (Jun 29, 2012)

kangaroogirl said:


> Curious, I saw in your other thread you were asking about tourist visas and your fiance resigning from her job... I'd say you'd be taking a huge risk if you were considering bringing her on a tourist visa to get married instead of on a PMV.
> 
> Even if you get married it won't make you instantly eligible for a partner visa.
> 
> ...


Yes, exactly. Kenya is unfortunately one of those countries where the idea of permanent residency in a country like Australia is like the Holy Grail - it's very desirable. Partner visas don't require any skills or any employer sponsorship and leads to relatively quick permanent residency - 2 years on a temp visa and you're set!

That does, unfortunately cloud the lense through which immigration and the COs view applications for partner visas from high risk countries like Kenya. Your application would be heavily scrutinised for that fact alone and it really needs to be air-tight.

Also, keep in mind that it's likely that she will be required to attend an interview and for a partner visa they often ask quite intimate questions - some of which can only be answered through direct experience (what side of the bed do each of you sleep on, who does what jobs around the house etc). Hose are things that you learn about your partner purely through experiencing life with them since they aren't things that most people discuss in online conversations. You will both be expected to have intimate knowledge of the other including habits, routines etc.


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## curious110 (Dec 26, 2013)

kangaroogirl said:


> Curious, I saw in your other thread you were asking about tourist visas and your fiance resigning from her job... I'd say you'd be taking a huge risk if you were considering bringing her on a tourist visa to get married instead of on a PMV.
> 
> Even if you get married it won't make you instantly eligible for a partner visa.
> 
> ...


thanks very much for your answer, but sorry yoou actually misunderstood or rather I probably didnt myself clear. 
There are a number of scenarios we are considering. I am not at all thinking of brining her here then marry to apply for oartner visa!!!! no way!!!

but thatnks for the tips any way


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## curious110 (Dec 26, 2013)

Star Hunter said:


> Yes, exactly. Kenya is unfortunately one of those countries where the idea of permanent residency in a country like Australia is like the Holy Grail - it's very desirable. Partner visas don't require any skills or any employer sponsorship and leads to relatively quick permanent residency - 2 years on a temp visa and you're set!
> 
> That does, unfortunately cloud the lense through which immigration and the COs view applications for partner visas from high risk countries like Kenya. Your application would be heavily scrutinised for that fact alone and it really needs to be air-tight.
> 
> Also, keep in mind that it's likely that she will be required to attend an interview and for a partner visa they often ask quite intimate questions - some of which can only be answered through direct experience (what side of the bed do each of you sleep on, who does what jobs around the house etc). Hose are things that you learn about your partner purely through experiencing life with them since they aren't things that most people discuss in online conversations. You will both be expected to have intimate knowledge of the other including habits, routines etc.


thank you so much for the tips


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## Mish (Jan 13, 2013)

Star Hunter said:


> Yes, exactly. Kenya is unfortunately one of those countries where the idea of permanent residency in a country like Australia is like the Holy Grail - it's very desirable. Partner visas don't require any skills or any employer sponsorship and leads to relatively quick permanent residency - 2 years on a temp visa and you're set!
> 
> That does, unfortunately cloud the lense through which immigration and the COs view applications for partner visas from high risk countries like Kenya. Your application would be heavily scrutinised for that fact alone and it really needs to be air-tight.
> 
> Also, keep in mind that it's likely that she will be required to attend an interview and for a partner visa they often ask quite intimate questions - some of which can only be answered through direct experience (what side of the bed do each of you sleep on, who does what jobs around the house etc). Hose are things that you learn about your partner purely through experiencing life with them since they aren't things that most people discuss in online conversations. You will both be expected to have intimate knowledge of the other including habits, routines etc.


Generally, for muslim couples they will not ask those questions as in their religion sex is not talked about outside the relationship. Actually in Cairo (a highlu populated muslim country) you are not even allowed to kiss in public - holding hands is as far as you are allowed!


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## myk (May 13, 2014)

Have you got the Visa. Because I'm also logged my visa on 1st of August 2013 from Sri Lanka. But up to now there is no response from them.


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## Mimamasalha (Jan 29, 2013)

Hi everybody do someone have an idea about how long does it takes to get the permanent visa after getting the temporary partner visa I've heard FROM someone working on the immigration that it takes now 4years more longer than before is that true? If yes is the applications of 2013 will be include this new law ?How do you think they calculate it ?from the application date or from the date of granted visa or what ?


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## CollegeGirl (Nov 10, 2012)

Wow, it's scary to me that someone who works for Immi would give you such absolutely incorrect information. You are eligible for PR exactly two years after you *applied* for either your 820 or your 309. At that point you provide documentation that your relationship is still together, and they take ~3 months to process it and approve your PR. So if they took a year to grant your original temporary partner visa, you'd only need to wait one more year before you're eligible for PR. Perhaps the Immi person was thinking of citizenship? You're eligible for citizenship after you've lived in Australia for four years, at least one of those as a permanent resident.


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