# Subclass 309 Partner visa - Once granted is there a time window to enter Aus?



## Braddo (Feb 27, 2015)

Hi All,

I'm an Australian guy. My wife is German. We currently live in the UK, but want to come back to live in Aus at some stage in the next year or two. My wife will apply for the Partner provisional subclass 309 visa.

We're thinking of applying for the subclass 309 visa _now_, although we're not 100% sure when we will actually move to Aus. So here's my question:

Once the temporary subclass 309 visa is _granted_, is there a limited time window, in which we need to make the move?

Or can we wait a year or two (or three!) before actually moving to Aus?


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## Mish (Jan 13, 2013)

All she has to do is visit Australia to make the first entry by the first entry date to activate the visa then you can move there permanently. However, if you don't get 100 straight up (sorry not sure how long you have been married and if you qualify for 100 or 309) and you haven't settled in Australia when the time comes for PR the case officer assessing the PR in Australia may question it (we had someone a few months ago questioned because they would live outside of Australia for 5 years).

The must enter date is based on the medicals and police check. Both are only valid for 12 months. The London embassy actually waits for awhile for them to get the medicals so they have more time to enter Australia. The police checks I have heard they can be extended if they expire but medicals I know of 2 people who had to get them redone because they passed 12 months.


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## chaofahn (Apr 16, 2014)

Braddo said:


> Hi All,
> 
> I'm an Australian guy. My wife is German. We currently live in the UK, but want to come back to live in Aus at some stage in the next year or two. My wife will apply for the Partner provisional subclass 309 visa.
> 
> ...


Yes, there will be a window of when you will need to return, but based on my wife's recent approval, you have about 6-7 months (which is plenty of time to prepare a ticket).

I think the first thing you need to do is talk to your wife about it (obviously!), and know that 309 visas can take 12-18 months to process depending on your wife's nationality, the speed of which you upload evidence and etc. Decide on a target date, and then plan accordingly. Good luck!


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## Braddo (Feb 27, 2015)

Makes sense. Thanks all!


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## Braddo (Feb 27, 2015)

Mish said:


> All she has to do is visit Australia to make the first entry by the first entry date to activate the visa


So you're saying that if we had the visa granted in (for example) November, we could go to Australia for Christmas for a few weeks to activate the visa, and then come back to the UK for another year or so if we wanted?

I think we do qualify for the PR 100 straight up, as we have been married since September 2013, but have lived together since September 2011 and we have lots of proof of that.

So - lets say we got 309 granted in November, could we then come to Aus for Christmas and immediately start the application for PR 100? How long does that take? Would my wife need to remain in Australia while it was being considered? or what?


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## Mish (Jan 13, 2013)

Braddo said:


> So you're saying that if we had the visa granted in (for example) November, we could go to Australia for Christmas for a few weeks to activate the visa, and then come back to the UK for another year or so if we wanted?
> 
> I think we do qualify for the PR 100 straight up, as we have been married since September 2013, but have lived together since September 2011 and we have lots of proof of that.
> 
> So - lets say we got 309 granted in November, could we then come to Aus for Christmas and immediately start the application for PR 100? How long does that take? Would my wife need to remain in Australia while it was being considered? or what?


Yes if she gets 309 in November could active at Christmas and then move later.

If you get 100 straight away the thing you need to be careful of is being in Australia 2 years of the 5 years to renew the PR. If not they can reject the resident return visa (RRV) or only give her 1 year so then would need to renew it again after a year.

You seem a bit confused about the 100. With the 100 if you are not granted it straight away then you are not eligible for the 100 until 2 years after the application date of the 309.


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## NiallC33 (Feb 3, 2014)

when you get the 309 visa, can you leave straight for aus or do they say you have to enter on a certain date


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## Mish (Jan 13, 2013)

NiallC33 said:


> when you get the 309 visa, can you leave straight for aus or do they say you have to enter on a certain date


You can leave for oz that day if you want. There is a must enter date by but no date that you can't enter before.


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## Braddo (Feb 27, 2015)

Mish said:


> Yes if she gets 309 in November could active at Christmas and then move later.
> 
> If you get 100 straight away the thing you need to be careful of is being in Australia 2 years of the 5 years to renew the PR. If not they can reject the resident return visa (RRV) or only give her 1 year so then would need to renew it again after a year.
> 
> You seem a bit confused about the 100. With the 100 if you are not granted it straight away then you are not eligible for the 100 until 2 years after the application date of the 309.


Hi Mish,

Thanks for that clarification. Very handy to know.

So if we qualify for the 100 straight away, do we say that in the initial 309 application, and ask for the 2 year waiting period to be waived?


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## Mish (Jan 13, 2013)

Braddo said:


> Hi Mish,
> 
> Thanks for that clarification. Very handy to know.
> 
> So if we qualify for the 100 straight away, do we say that in the initial 309 application, and ask for the 2 year waiting period to be waived?


I would recommend saying you have been together for x years as demonstrated by the evidence and would like to be considered for subclass 100 visa.

There have been a few cases where they only get the 309 and not the 100.

You will need to provide evidence for it like leases etc from before you were married if you apply before you are married 3 years (you haven't mentioned anything about kids if you do have kids it is 2 years). Just remember it has to be living together prior to marriage, dating does not count.


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## Braddo (Feb 27, 2015)

Hi Mish,

We have no kids, but have lived together (with proof - leases in both names) since September 2011. It will be 4+ years living together when we lodge application. 

So are you saying that we should actually be applying for the 100 straight away, not the 309? Is it a different application form?


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## Mish (Jan 13, 2013)

It is the same application it is a combined application. Some go to PR straight away because of the length of the relationship which the case officer should determine but a few slip through the cracks. Others have to wait the 2 years from application date because they haven't been together long enough.

Sounds like you have the evidence for your wife to go straight to PR.


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## CollegeGirl (Nov 10, 2012)

Yes, you should automatically go straight through to PR, no problem, with that kind of evidence. On the off chance you're accidentally granted the 309, all you have to do is contact your CO and say "Hi, sorry, I thought we qualified for the 100 since we've been living together since 2011 and provided evidence of that?" and they'll fix it immediately. We've only seen a few cases here where they CLEARLY (no question) qualified and were accidentally granted the 309- and in all those cases, the COs immediately fixed it and sent them to the 100 when it was pointed out. So I wouldn't worry. The CO is supposed to grant the 100 to anyone who qualifies for it, but they're human - so a little reminder somewhere in your application wouldn't hurt.


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## Braddo (Feb 27, 2015)

Brilliant. Thanks for all the advice and feedback, you guys and girls are amazing!


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## deki007 (Sep 17, 2017)

*309*

Hello can someone help me out here! My wife from Australia applied in AU in oct 21 2016! my medical got accepted over 2 month ago i am still waiting! already 11 months. But we had a little issue with Embassy of Serbian after my medical and application got accepted they keep asking for some documents witch was not even legal to ask that's how my agent told me! So he called some people in AU and said what they asking for and they said don't give to them nothing. Just all documents went to AU for the final decision.My agent told me i should not worry any more. But my question is everything got accepted why is taking so long just to say ok is all done.


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## Skybluebrewer (Jan 15, 2016)

deki007 said:


> Hello can someone help me out here! My wife from Australia applied in AU in oct 21 2016! my medical got accepted over 2 month ago i am still waiting! already 11 months. But we had a little issue with Embassy of Serbian after my medical and application got accepted they keep asking for some documents witch was not even legal to ask that's how my agent told me! So he called some people in AU and said what they asking for and they said don't give to them nothing. Just all documents went to AU for the final decision.My agent told me i should not worry any more. But my question is everything got accepted why is taking so long just to say ok is all done.


It is not uncommon for them ti request more information. Not sure what they're requesting that could be illegal as you didn't mention what they requested but hopefully not providing something isn't going to hurt your application.

But it does happen that it could take many more months after everything is done and submitted (e.g. medicals, etc) before a decision is made. Unfortunately, all you can do is sit back and wait for now.


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## deki007 (Sep 17, 2017)

Skybluebrewer said:


> It is not uncommon for them ti request more information. Not sure what they're requesting that could be illegal as you didn't mention what they requested but hopefully not providing something isn't going to hurt your application.
> 
> But it does happen that it could take many more months after everything is done and submitted (e.g. medicals, etc) before a decision is made. Unfortunately, all you can do is sit back and wait for now.


Well my agent said is illegal. So my agent contacted embassy in AU and said don't send nothing just transfer all documents to us! We gonna bring a decision. We legit gave to them way to many documents and profs everything was done so quickly and accepted. And now this last step been already 11 months a bit annoying arr


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