As far as I can tell i have a unique situation!!
 

Hi all,

long term user of this forum without posting, just gathering information.

So far as I can tell by searching here and general googling I am in a quite unique situation and am after some advise on what people would think is the best way to proceed.

I am a UK born, but Australian citizen by descent. Both my parents are Australian citizens living in the UK, I have an eldest brother who is also UK born Australian citizen by descent living in Sydney.

I have a long term girlfriend of over 6 years (completely genuine relationship) currently studying for a Biomedical science degree at university in the UK in her final year, finishing May 2017.

I have just been offered a job in Sydney (not yet accepted) with a prospective start date of Jan/Feb 2017.

Although a little early it seems too good an opportunity to miss out on, we were planning on emigrating in around 12-24 months after her degree was complete by going down the 309/100 Defacto partner visa (although I'm not 100% sure, but this may require the sponsor to already be down under.

However after doing some initial (not official) 189 Visa for skilled migrant online assessments, she would pass providing she has done at least 6 months work in her chosen profession of Biomedical engineer which is on the skilled occupations list ANZSCO Code: 233913

The 4/5 months or so of me living out there by myself whilst she stays in the UK finishing her degree is not the issue however my questions are:

1. Would a 309/100 partner visa or a 189 skilled migrant visa be better for our/her situation? or is there another option I am unaware of

2. When she has finished the degree could she apply for a 12 month working visa or similar just to come out and be together again whilst the application for residency is being processed whichever route we decide to go down?

3. If she went down one of the routes and was denied for whatever reason
e.g. not long enough in a occupation relating to her skill before emigrating
Would this have any effect if she then decided to apply for the other 309/100 visa.

Thank you very much in advance for any advise and a massive thank you to all the users that make this forum such a valuable resource for people like me.

Re: As far as I can tell i have a unique situation!!
 

Why not apply for her partner visa now - it won't be issued until after May anyway so she could stay and finish her degree (and she has some leeway after it is issued so she wouldn't need to be on the next plane immediately it is issued). Then you could pop off and start your job, she could finish her degree then be good to go when she gets the partner visa. If it hasn't come through by the time she has finished she could visit you on a tourist visa if necessary then leave the country before it is issued.

Re: As far as I can tell i have a unique situation!!
 

Definitely forget the skilled visa. Just go the Partner Visa route. Oh and you're not unique ;) .

Re: As far as I can tell i have a unique situation!!
 

We. Have started the process for both Visas but I thought I'd enquire on here before applying for one or the other, thank you very much for the advise.

So she would be ok to visit Australia on a tourist visa whilst the partner visa is being processed?

Thanks for the advise we will probably look into it more now. That's good to hear I just struggled to find someone documented with a similar situation looking for the same thing.

Re: As far as I can tell i have a unique situation!!
 

Fist question, do you live together? If so for how long?

Second, for a 189, have you checked the skills assessment criteria as that level of post qualified work experience seems rather short.

Third, for partner visa, are you aware processing is likely to be over 12 months.

Fourth, actually, if she can qualify for a 189, it may be the better option as it is quicker and cheaper.

Re: As far as I can tell i have a unique situation!!
 

I am baffled as to what you think is unique, looks like a bog standard "which visa" post to me, thousands just like it. ;)

The partner visa would be easier than a skilled migrant visa if she qualifies for it. It is not clear whether she does or not because you haven't mentioned your current living arrangements. If she doesn't currently live with you, then perhaps the best plan would be for you to take job, she completes her studies and then joins you on a WHV and you build up the livinig together time then apply for a partner visa. If she does live with you now then just apply for it now.

A skilled migrant visa would be quicker and cheaper than a partner visa, but as she is still studying, well I am not sure that she would even qualify. Before the skilled migrant visa is applied for, a skills assessment would need to be passed, if she does pass and has the points, well you would know before you apply whether she meets the criteria, so being rejected shouldn't be an issue.

Re: As far as I can tell i have a unique situation!!
 

If you have lived together for at least a year then the 309/100 Partner visa is the way to go. Processing times via London are under five months at the moment so your girlfriend could join you as soon as she graduates. If you have the money I would apply today to avoid the extra scrutiny that will apply to sponsors as of tomorrow.

One important question to answer before you do though: you say your parents are Australian citizens living in the UK, how and when did they become Australian citizens and, if they hold British citizenship, how and when did they obtain that?

Re: As far as I can tell i have a unique situation!!
 

We have been living together for conveniently a year now, she moved in on November 2015.

This is the thing you say 12 months processing, the .gov.au website doesn't give a time for the 309 and states 15-18 months for the 820 and Brit in Paris further down states its 5 months. So it seems to me no one really knows and the only way I'll find out is by applying.

Currently as of today she wouldn't pass the requirements because she is still in education and lacks employment history in her field of expertise. Come next May when she has qualified she may not still pass because of the lack of employment history.

It's unique because we are both currently in the UK so none of the visas really apply apart from possibly the 189.

The 309 would require me to already be in Australia as far as I'm aware to act as the sponsor and the 820 she would have to be in Australia whilst applying.

I also couldn't find someone asking the question could she visit on a WHV whilst in the process of applying for her 309 after her degree next May.

We have been living together for a year this month.

What are the changes coming in tomorrow?

They became citizens in the 80's when they went out there and lived my dad went out on the equivalent of a skilled migrant 189 back then whatever it was called. They hold British citizenship from birth.

Re: As far as I can tell i have a unique situation!!
 

Those who applied five months ago are now receiving their grant notifications. There's no guarantee that will continue, obviously, and every case is different depending on circumstances but it's been on a downward spiral since the homogenisation of onshore and offshore partner visa fees and the 12-14 months, whilst officially still advised, hasn't applied in reality since then. British citizens can easily travel to Australia on a free visitor visa, lodge onshore and then obtain a bridging visa to allow them to work whilst they wait.

Your situation is typical, not unique. The 309/100 is designed precisely for you. It's the offshore partner visa. The applicant is actually required to be outside Australia both when they apply and when it's granted. The applicant doesn't even need to reside in Australia in order to achieve their PR as it stands. If the sponsor is in Australia at the time of application, particularly if you are unmarried, then that would cast doubt on the genuineness of the application. Forget about the 189, go for the 309/100, make sure your girlfriend is timely in providing any documents and completing the health assessment and she'll be moving to Australia next May.

Perfect timing. Providing you can document each and every month (tenancy agreement, utility and council tax bills, bank statements..) you have cohabited then you can apply now. If not, wait until you do. The rules require the relationship to be assessed from the date of application, not the date of decision.

Extra scrutiny for the sponsor to ensure they're not partial to domestic violence. For those applying through London a UK police certificate will suffice but if your sponsor has lived elsewhere in the world then it starts getting expensive and potentially will cause a lot more hassle.

That's very good news. Too many sob stories of sponsors not realising they had lost their Australian citizenship when either they or their parents acquired another citizenship before 4 April 2002. Your situation is ideal as there is no danger of that if those are the only two citizenships held.

Re: As far as I can tell i have a unique situation!!
 

So if I'm correct in understanding it would help to apply before I've even left the country?

When reading through the questions it was asking for additional evidence and a statement if I was outside of Australia when applying on how I was planning on supporting the applicant when they emigrate.

To me it sounded like the sponsor should be in Australia and the applicant should be outside of Australia

Re: As far as I can tell i have a unique situation!!
 

Umm no that is not unique. Not even slightly. It is perfectly normal and common for people to apply for a visa whilst they are both in the UK or otherwise outside Australia. There is an onshore partner visa and an offshore one, people apply for either or depending in where they are.

The WHV and partner visa are two unconnected applications. If she is eligible for a WHV she can apply for it, any other application is totally irrelevant.

Anyway I was not suggesting you ought to have read the millions of threads before you to find one exactly the same. I was just pointing out that your situation is not remotely unique because I thought you could be over complicating things in your own mind and making it mentally harder for yourself. I just wanted to reassure you that you appear to be bog standard.

Re: As far as I can tell i have a unique situation!!
 

You'd struggle to find anyone with as much knowledge in this area as Brit in Paris has, and that includes registered migration agents. He's given you great advice, I'd advise you to follow it.

Re: As far as I can tell i have a unique situation!!
 

Correct.

No, that's not the case. Almost all sponsors reside outside Australia with the applicant until such time as the visa is granted.

Re: As far as I can tell i have a unique situation!!
 

Brilliant thank you everyone for your advise :)