Partner Visa - 309-100

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Old May 6th 2014, 3:33 am
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Question Partner Visa - 309-100

Hello All,

I am in an uncommon situation and I am hoping if anyone can share their knowledge.

I am living in Canada for the past 1 year and earning about 60K per year. I just got married to my wife who lives in another country. I have also received PR for Australia and I would like to move and apply for my wife. Now the questions are,

- Is there any minimum period i need to stay in Australia or i can just visit and comeback to Canada and apply from here or my wife's country?

- i don't have much in the bank as i have spent all I have earned. But i have a permanent job. What is the minimum earning requirement that i need to meet?

- I have never earned anything in Australia. All my earnings are in Canada, But I have uncles in Australia..can i get them to show as joint sponsor ?

Initially i was thinking of leaving my job and move to Australia straightaway..now after looking at the spouse migration requirement.. i am really concerned. I would highly appreciate if anyone can help me on this. !

Thanks
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Old Aug 17th 2014, 4:10 pm
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Post Re: Partner Visa - 309-100 (not reply; addendum)

Sorry for piggying back on the o.p's thread i am in the exact same situation though and would appreciate some insight on filling the form 40SP sponsor's requirements

First of all, I am wondering why the requirements become stringent when applying for partner-PR **AFTER** one has been granted PR as compared to applying with partner as dependant, at the same time as oneself ?

Naturally one can not be employed, in AU ie., while in the process of migrating and initially landing / settling down etc. and obviously one stays overseas to be able to meet the 12 month live-together period for the partner-PR; so how on earth is the (per se) sponsor supposed to satisfy both these requirements!!

Ordinarily resident and well-employed / financially stable in AU, while simultaneously living with the off shore partner who is living outside AU (classic catch 22 situation)

Urgently needed advice on this mates, thanks

Last edited by chapkenv; Aug 17th 2014 at 5:10 pm.
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Old Aug 17th 2014, 7:45 pm
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Default Re: Partner Visa - 309-100 (not reply; addendum)

Originally Posted by chapkenv
Sorry for piggying back on the o.p's thread i am in the exact same situation though and would appreciate some insight on filling the form 40SP sponsor's requirements

First of all, I am wondering why the requirements become stringent when applying for partner-PR **AFTER** one has been granted PR as compared to applying with partner as dependant, at the same time as oneself ?

Naturally one can not be employed, in AU ie., while in the process of migrating and initially landing / settling down etc. and obviously one stays overseas to be able to meet the 12 month live-together period for the partner-PR; so how on earth is the (per se) sponsor supposed to satisfy both these requirements!!

Ordinarily resident and well-employed / financially stable in AU, while simultaneously living with the off shore partner who is living outside AU (classic catch 22 situation)

Urgently needed advice on this mates, thanks
If you were married before PR was awarded, your partner should have been included in the original application. Now I think you need to make the move to Australia alone and sponsor your spouse from there, and your spouse will need to apply for partner visa.
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Old Aug 18th 2014, 2:21 am
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Default Re: Partner Visa - 309-100 (not reply; addendum)

Originally Posted by chapkenv
Sorry for piggying back on the o.p's thread i am in the exact same situation though and would appreciate some insight on filling the form 40SP sponsor's requirements

First of all, I am wondering why the requirements become stringent when applying for partner-PR **AFTER** one has been granted PR as compared to applying with partner as dependant, at the same time as oneself ?

Naturally one can not be employed, in AU ie., while in the process of migrating and initially landing / settling down etc. and obviously one stays overseas to be able to meet the 12 month live-together period for the partner-PR; so how on earth is the (per se) sponsor supposed to satisfy both these requirements!!

Ordinarily resident and well-employed / financially stable in AU, while simultaneously living with the off shore partner who is living outside AU (classic catch 22 situation)

Urgently needed advice on this mates, thanks
If you already have PR and are sponsoring your wife, then you need to be able to prove you can support her as she cannot claim benefits for the first two years. That is why they want to know about your financial situation, because it is part of your obligation as a sponsor.
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Old Aug 21st 2014, 4:48 pm
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Default Re: Partner Visa - 309-100

right on, all's well that's meant well...thanks for the replies

however, there is a twelve (12) month provable same household relationship period required for de-facto spouse and if she is off shore, i am supporting her with off shore funds and she is also self-supported to half the extent ~ we have 2 infants needing childcare as well...so i need to stay with them, ya?

so i am on a paternity sabbathical and between jobs as of the last 1.5 years now, but need to get the partner application in ONLY if there's more than an even chance of success...

i could not include these 3 dependants at the time of my initial application

since those twelve months are now up..i wish to finish the family PR process so i can get on with moving family and finding work in AU simultaneously ...

Last edited by chapkenv; Aug 21st 2014 at 6:35 pm.
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Old Aug 21st 2014, 6:20 pm
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Default Re: Partner Visa - 309-100

Originally Posted by chapkenv
right on, all's well that's meant well...thanks for the replies

however, there is a twelve (12) month provable same household relationship period required for de-facto spouse and if she is off shore, i am supporting her with off shore funds and she is also self-supported to half the extent ~ we have 2 infants needing childcare as well...so i need to stay with them, ya?

so i am on a paternity sabbathical and between jobs as of the last 1.5 years now, but need to get the partner application in and if there's more than an even chance of success,

i could not include these 3 dependants at the time of my initial application

since those twelve months are now up..i wish to finish the family PR process so i can get on with moving family and finding work in AU simultaneously ...
If you had three dependents when you applied for your own visa and did not include them - either as migrating or non-migrating dependents, DIBP may have a few questions for you as to why you omitted to mention them.

If you are married there is no requirement for 12 months b=co-habitation, that only applies to de facto (unmarried) partners.
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Old Aug 21st 2014, 6:33 pm
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Default Re: Partner Visa - 309-100

thanks foryour reply Pollyana,
no they happened after the grant, i have had my PR granted me in 2012 itself

now i wish to sponsor, but am overseas, and have no employment secured yet in AU

it's like i never got to spend time in AU after my landed initial entry date
i returned almost immediately to my partner's home country
( we are not married as of yet)

ps: who is DIBP i thought they were called DIAC?
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Old Aug 21st 2014, 6:55 pm
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Default Re: Partner Visa - 309-100

Originally Posted by chapkenv
thanks foryour reply Pollyana,
no they happened after the grant, i have had my PR granted me in 2012 itself

now i wish to sponsor, but am overseas, and have no employment secured yet in AU

it's like i never got to spend time in AU after my landed initial entry date
i returned almost immediately to my partner's home country
( we are not married as of yet)

ps: who is DIBP i thought they were called DIAC?
They have been DIBP for sometime now.

If you marry then there is no requirement for the 12 months cohabitation, as I said.
If you have not lived in Australia then DIBP will almost certainly want some kind of proof that you actually intend to move - prove of job-hunting, research into where to live etc. And they will need some proof of how you will support a family of 4 after moving here.
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