Why You Should Never Rush Your Australian Partner Visa (Partner Visa Secrets - Episode 1)
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- Опубліковано 31 лип 2024
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There is one thing I want to make clear to all of you is NEVER RUSH INTO APPLYING FOR AN AUSTRALIAN PARTNER VISA.
Why?
Because of what is known as Time of Application (TOA) criteria.
TOA means that when your application is submitted it is ‘date stamped’ and even though it may take two years for your application to be assessed, when the case is eventually opened by the department, the case officer will, figuratively speaking, go ‘back to the date of the application’ and assess whether or not the four aspects of your relationship demonstrate that you were in a de facto, or married relationship at the time of application (for those applying for the 820 or 309).
When couples run into problems with Partner visas, it rarely revolves around their facts at the Time of Decision (TOD). This is logical though right? If an application takes 24+ months to process, assuming the couple continues to maintain their relationship, in 2 years time they would have naturally accumulated more evidence (i.e. lived together longer, more joint bills, deeper pooling of their finances, purchases more things together, taken more holidays, etc). These are all clear positives, however, they do not necessarily solve or help to strengthen the TOA facts of the relationship.
Now, there is, of course, a bit of a balancing act here.
On the one hand, you're trying to submit a partner visa either to keep your partner lawfully in the country or looking to get it in the queue if you apply from offshore.
But on the other hand, you don't want to bring the assessment of ‘time of application’ in your relationship unnecessarily too soon in your timeline.
The rule of thumb is, and this is something that I talk about with all couples, the longer that you can wait to apply for a partner visa, the stronger your relationship will naturally be.
Of course, there are benefits to applying for a Partner visa (i.e. Work Rights once on the bridging visa and access to Medicare), and there are certain situations where couples are forced to submit quickly (i.e. a visa expiring and lack of alternative options).
However, all I am encouraging you to do is weigh up the requirements, look at your evidence & four aspects, consider your personal circumstances, and ultimately make a decision that gives your Partner visa application the best possible chance for chance for approval.
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Key Sections Of This Video:
1:30 Never Rush
5:35 Perks of a Partner Visa
7:54 Long Term Strategies
12:00 Partner Visa Appeals
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Want to learn the secrets about Australian Partner Visas, options, legal requirements and how to get your application approved, WITHOUT needing an Agent or Lawyer? Then register for the 100% FREE Partner Visa Secrets Workshop here: learn.salvomigration.com.au/w...
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I love how you explain everything and writing it. Very specific and informative. Thank you! 👏🏼🙌🏼🇦🇺
You are welcome Christine! -Martin
This was such a cohesive and helpful video! Thank you!
Great to hear Lauren!
Thank you for your information,it's really useful in my case ❤
Thank you very much ..you’re so good with video
best advice mr Martin your video is the best. my wife got her PR visa in just seven months from the time we apply on line. we live in Vietnam, been married nine years. i know many people wait 2-3 years or more, now just have to see when we can travel, but we have a year to activate. so my advice to people is to follow your advice 100% very important your five steps .
Love your Detail video information ❤
Very helpful 🙌🏼👏🏼🇦🇺
Thanks for sharing this information sir
Thnks great info
Thanks you for the helpful video! This is the kind of content and efforts that help the lives of people in these circumstances and great idea to use youtube to reach out! Regarding the bridging visa not taking over until the current visa naturally expires, could you please clarify one point. By that do you mean the overall expiration date of the visa. Lets say you have a one year visitor visa from 2021-2022 for multiple entries, 3 months each at a time and arrive in January. That expiration is accepted as March from last entry or the whole year of the visa validity which would be the end of 2022?
Great info. I lived with my fiancé for 1 year in Thailand last year and decided to get married in Australia on her visitor visa. With C19 and a health issue of mine we have decided to stay here and apply for a partner visa. Your videos are very helpful. Thank you.
Great to hear Robbo! We would encourage you considering registering for our live training later this month as it will also help :) bit.ly/PVSLiveMay15
You're a competent professional, Martin.
I appreciate that Juliana! - Martin
Would You Like To Learn The Secrets About Australian Partner Visas, Options, Legal Requirements and How To Get Your Application Approved, WITHOUT Needing an Agent or Lawyer? Then Join Martin In The 100% FREE & Online, Partner Visa Workshop here 👉 online.salvomigration.com.au/pvs-workshop
I wish my agent had of explained this to me, instead of confusing me with lawyer jargon and being very vague in how to apply, i would have done an onshore visa application.. Thanks Salvo
Do you have any idea about dependent visa ? I have applied in march but couldnt go for biometrics.
Can I check the defacto and engaged. Section.
How does it work when my partner has application for protection Visa.
Hello, I applied my husband student subsequent entrance visa in January 2020 still status receive...can you please tell me how much time longer now?
First of all great video explaining everything! I do have a question though, what happens if you apply for an onshore partner visa if the applicant is married to the sponsor and pregnant on their 2nd working holiday maker visa (don't have a "no further stay" condition) but their whm visa expires after the baby is born? Will the applicant now be unlawful as she now has a dependent which goes against the whm condition or will the bridging a visa kicks in as soon as the baby is born? TIA
I lodge my Partner Visa on November 2019 and my visa A takes effect when? if I was issued visa B and we traveled for one month. The problem is my husband back to Australia and I was left but to be followed but because of covid pandemic situation I was on a lockdown to other countries. Is the processing of my partner visa 820 continued.
Hello sir could you please tell me if toefel ibt home edition is accepted for Australia immigration?
My partner lives in the US - we don’t have any legal documents stating de-facto what can we do to go about getting them to travel to Australia OR me to the USA???
Hi mate, my missus stuck at the Biometrics stage after getting her appointment. When will VFS GLOBAL RESUME GLOBALLY?? Have you go any idea its been 6 months plus
Does Sponsor also need to fill up the application from his immi account or only applicant's (Partner who is outside of Australia) application is enough?
Can someone give some advice? Been in LDR going on 3yr. We met 1st time last year. He spent 3wk in states and me 2wk in Aus. [We split cost board an everything except plane tickets]
OG-Plan
-work holiday 12m [start June 2020]
- become de facto [June 2021]
-partner visa [2021-2022]
-get married [whenever]
Covid caused that hault, so New Plan
-get engaged [june 2020]
-wait process time[june 2020]
-get approved 💍 9m window
-tie knot [2021/2022]
-get temp visa while wait on perm visa
Is new plam wrong? Should we be going a different route? Are we missing any thing?
I am due to travel from the UK to my bf in Tasmania next year of Covid settles down. I am planning to stay 4 months with him and we are already engaged and hoping to marry when I get there. If I wanted to stay longer could I apply for the married visa whilst there and get a bridging visa?
Hi!
I’m planing to apply for the 820 this month, however I have an active student visa that ends on June 2022, Im planing to finish my course it’s just I wanted to apply this year, does it affects me in any way? We have 1 year and 7 months of relationship and living together for 9 months .
Thanks
Is it worth applying for a visa and which under these circumstances. 1. Online relationship since October; 2. We spent 3 weeks together this year in feb.
Hi Martin, is it possible to consider this situation? I am a PR but my husband isnt. We are now based in another country and I have just given birth this year. We are planning to head back but based on a migration agent, it seems I have to apply for both my baby and my husband. However, I looked up online and it seems I have to prove that I have been residing in Australia. Not sure how to go about this because I cannot leave my baby and also I do have to return as my Resident Return Visa will expire in 2023. I know I have time but given the situation, I am a little confused.
Hi there after getting citizenship and divorced from de facto relationships when can I marry my new partner. What would be the reasonable timeframe to start applying for my partner if my first application would be 5 years next year July.
When is best time to do medical and biometric for 309 visa applicant offshore? Once we lodge the 309/100 visa application for offshore partner applicant, then the Department soon sends request letter for biometric and medical tests, and some applicants think they have to do it immediately and do so but some think it's waste of money to do it so early as it will expire after some months and will have to do it later again and they wait until may be another request from the department later. Is this the same for both medical as well as biometric or only for medical? How long is biometric expiry and how long is medical tests result expiry? Then how many months after application lodgement would be good time to do biometric and medical tests? I have one friend who has done 2 times medical but still waiting for visa grant and may have to do 3rd time medical test before visa is granted which is so much waste of money. So to be more economical when would be the right time after application lodgement to do the biometric and medical or is there any alternative ways to ask the visa processing officer to give more precise accurate time to do medical and biometric only when they actually need it so that whatever has been done won't go in waste?
Is there any way we can ask the department to use the same Biometric for 309 visa processing for the applicant which was done earlier in February 2020 for his/her tourist/visitor 600 visa application? Or it must be done separately?
thanks
My wife applied for PMV 300 visa in December 2019 because we were not married then covid came in 2020 and we were worried we would be stuck so we got married in May,2021, By June we decided to switch from pmv 300 to 309 and it the 309 was granted in July ..
My question is , does she have to wait for another 2 years starting from June or will the 2 years count from the 2019 ?
Please can you tell me if my partner and I have applied for 309 but he wants to come to Australia before he gets the 309 approved, would it be possible for him to get work rights while waiting for 309 to get approved. So confused😢😢
Great video Martin! My fiance was planning to move with me to Australia at the start of April, but unfortunately COVID has bricked our timeline :(.
Hi Allen - yes unfortunately COVID19 has really thrown a spanner in the works, but particularly for those offshore. Keep in mind you can still apply for a travel permission if you can demonstrate you are in a defacto relationship.
@@SalvoMigrationBrisbane Unfortunately, we are not registered as a civil union in QLD or any State in Australia. Well just have to be patient and wish for the best. Appreciate the video and my partner and i cant wait for more to come!
My wife is australian citizen,i used to live with her at her mums place with her , 1 day we had little argument and her mum rang ther cops and they put dvo ot me , my wife still lives ther but i live with my mates but the old address i use for everything, I put my file July 2019 , i wanna just ask the dvo will effect or not , my wife see me all the time at mates place, what should i do, please explain me i m on bridging visa
Hii I have applied for my partner visa and I need some extra time because some documents asked by immi are taking too much time and I can’t upload them in time will there be any problem? And I get time extension(like some more time ) if yes than how ?
I got advice latter from immigration for health examination Nd police check.so how long I will more wait .I have already done 27 month 820/801
Hi there I loved your explanation .
I’m from Brazil and my partner is from Australia and we’re going to apply as partner visa by ourselves. Do you have step by step that how can we do it? Thank you so much
Hello there! Martin explains what it takes to get a Partner visa approved in our Workshop here :) online.salvomigration.com.au/pvs-workshop
Is it any different if just adding a partner to an existing student visa (having declared previously)? Are they more lenient since it's a temporary visa?
how is it supposed or how would it work for someone to be on an eVisitor Visa when applying for a subclass 820 visa, which requires a de-facto relationship onshore?
Hi Romulo - the visa that the applicant has at the time of application does not necessarily dictate the strength, or the type, of relationship they have with the Australian partner. What matters is that they can show they are in a defacto or married relationship when they submit :)
@@SalvoMigrationBrisbane Thanks for the answer. But in this scenario you consider that the couple would previously be living together 1 year or not? Isn't this a requirement (or something needed for genuinely have all the evidences)?
That's where this example got me confused.
What about statutory declaration which 2 witnesses do we need and do need a lawyer to sign off and witness it after it has been witnessed. Thanks 🙏
Hi Godwin - your application will need to be accompanied by Form 888 Statements. Their signatures will need to be witnessed yes. If you would like to see what properly completed Form 888 statements look like, you can purchase our Form 888 Swipe File as an optional addon here online.salvomigration.com.au/relationship-statement
Hi Martin. Thanks for the wonderful insight. My partner is Australian and I am British. I have applied for the offshore defacto visa (TOA we have been together 5 years). Our immigration lawyer said that I (who am British) need an 888 stat form signed but the form itself says that unless you’re an Australian citizen then your statement cannot be considered a statutory declaration under Australian law. So, might I ask what’s the point in me getting one done and paying for it to be signed if it’s not legally binding? Thanks a lot!
I lodge my 820/801 around 10 months ago and now i got baby any difference can be my processing time?
If your baby was born in Australia it will be okay as the baby will be citizens by birth. As long as your partner is a Australian citizen. If your baby was born overseas you will have to notify the department of immigration immediately and add to your application and you will have to apply for a visa for the baby. Your partner if Australian citizens can apply for Australian citizenship for your baby talking with a migration lawyer can fix this issue easily. If you in Australia already and waiting for the visa. Your partner if Australian citizen can just go to birth death and marriages and get a Australian birth certificate for your baby and it don't need a visa for your baby. But you still need to tell immigration about the birth. And you have a Australian baby by birth. Should help your application speed up a little
Suppose am currently in Australia on a visitor's visa subclass 600( no work condition). Assuming I have fullfiled all other partner visa application requirements and I apply for onshore partner visa, does the bridging visa A that I get come with working rights?
Yes! BVA for on-shore Partner visa has NIL conditions, meaning full work rights once you are ON that visa. -Martin Salvo
I have been in a defacto relationship for about 1,5year now, however not living together yet. We bought a place and most likely moving in next year when it's finished.
What if we don't want to have a joint bank account as we don't feel confident to share finances if we're not married yet. We trust each other but we like to be independent in that sense. We like to keep our finances separately atm and we both earn different salaries. Neither of us want to feel resentment towards each other due to putting less or more money into the relationship. How can the joint bank account be addressed when applying for a partner visa? Can you just skip that and explain in the application and say we split everything and for example transfer funds to each other's account in order to pay for bills, groceries, etc.?
You should make a seperate joint bank account from your main account. Then you can use that to pay for and show evidence of shared expenses like mobile phone, gas, water, and electricity bills. You need to show shared financial responsibilities and doing it this way makes your application stronger.
I have applied for 309 visa with my child
My husband is in Australia on PR.
I am planning to apply for visitor visa and stay on a bridging visa in Australia until our 309 is decided
Can you please let me know your suggestion on the same.
My partner still leaves offshore and we waited 10 month plus for her partner visa be approve. I had to pay double rent every week , basically everything depends on me and with coronavirious on the way.. I feel lost really.
I am sorry to hear this Mujahadin - stay positive and I hope you receive your partner visa approval as quickly as possible.
Hello there,we have lodged for partnership visa, they gave me. A Bridging visa A, it was going to come. Into effect on 4 June, but its the 6th June I opened IMMI account nothing has changed, is there a place where we can check for me bridging visa, thanks
Check your VEVO :) immi.homeaffairs.gov.au/visas/already-have-a-visa/check-visa-details-and-conditions/check-conditions-online
💜
Can you please clarify the length of relationship apply to Partner visa 309 application? So far only heard and read in google the 12 months relationship requirement for De-facto relation 309 (not legally married) visa but not for married partner visa 309 (legally married). Could you please kindly clarify with correct information.
Hi Bob - there is no minimum relationship length for married couples. However, the length of the relationship is still relevant to meeting the definition of 'spouse'. I do explain this in our Workshop which you can attend here online.salvomigration.com.au/pvs-workshop -Martin
@@SalvoMigrationBrisbane Much appreciate your mind and soul into the profession! Thanks for the information, Keep up the good work! Also I and I'm sure many others are concerned about this sort of very long processing time for partner visa should be some how known as against basic needs and human rights of people. So someone need to advocate for no longer than 3 to 6 months processing time for partner visa
If you're in a De-facto relationship. You must have been living with each other for 12 months or more before applying for that visa. And show proof of living together
In a partner offshore subclass 309 that is a temporary partner visa you can apply at any time as long as you are married. Your partner will be granted a subclass 100 permit visa 2 years after when you first applied for the subclass 309.
A subclass 100 permanent visa allows the person to live in Australia permanently and can travel freely in and out of the country for 5 years. If she reside out of the country after the 5 years she must get a returning resident visa that last for another 5 years.if she has no plans to travel outside the country a resident returning visa isn't needed. It's best for people to apply for citizenship that way they have a Australia passport that can travel overseas and return without any conditions
Hi thanks for very informative videos. My wife is with me she got her 309 visa and she is in Australia just complete her 2 years and we were asked to lodged stage 2 visa subclass 100. We have biological child now as well. My question is do we need to fill out form 80? As this is not in the checklist at the website?
Your response will be highly appreciated
Regards
Noor
I forgot how it was as I did this for my wife back in 2012. But we had a immigration lawyer do it. For us. Your best bet is to pay a immigration lawyer to help you do that as it's the last stage of the visa. You don't want to mess it up by filling the wrong forms or not providing the correct information for them . It shouldn't cost you that much as you already have the 309 for your wife and she is already here in Australia.
If I can remember my immigration lawyer charged me $900 to finish the subclass 100 visa for my wife. They may charge uoto $1500 now. But it's worth doing. I know a good lawyer in Melbourne Hammond migration. They are very good.
Why did I keep hearing from my agent that australia is getting rid of the 820...? He said that it was approved at the highest level of legislation, but hasn't come down the line and On-Shore been removed.
This is 100% incorrect and false.
@@SalvoMigrationBrisbane wow. So there is no plan to get rid of it? This was one of the main reasons we had to rush. But we couldn't get my wife over due to an eta technicality... so so we had to do off shore app in the end... the distance is absolute hell and i wouldn't wish upon anyone!
Word of advice for anyone out there, DO NOT renew your passport unless you absolutely have to.... ETAs are "Strictly Non transferable". If you hand your new one over at the airport, there you wont be able to fly. Even though you have a perfectly valid ETA on the old one.... they will snip the old one and you will be left facing devastation at the airport. For what i dont know.
@@NeonblueIndustries Martin here - let me reiterate, there is absolutely no plan to get rid of the 820.
@@SalvoMigrationBrisbane wow. So there is no plan to get rid of it? This was one of the main reasons we had to rush. But we couldn't get my wife over due to an eta technicality... so so we had to do off shore app in the end... the distance is absolute hell and i wouldn't wish upon anyone!
Word of advice for anyone out there, DO NOT renew your passport unless you absolutely have to.... ETAs are "Strictly Non transferable". If you hand your new one over at the airport, there you wont be able to fly. Even though you have a perfectly valid ETA on the old one.... they will snip the old one and you will be left facing devastation at the airport. For what i dont know.
@@SalvoMigrationBrisbane Thanks so much man! I wish we'd heard all this earlier. I also wish we had come across your videos sooner also. Great stuff. Very detailed and realistic. This knowledge would have been invaluable back then. Pay attention ppl, this guy knows his stuff! Shop around for a knowledgeable agent like Salvo! There are many that will just sell you on what you want to hear. I can confirm most of what Salvo is saying as far as the 309 is concerned.
What about partner visa subclass 100?
That's a permanent partner visa you automatically get that 2 years after when you first applied for the partner 309 temporary partner visa. If you going through a migration lawyer they should automatically process it for you but they will charge you a fee.
It is good to apply for citizenship after 3 year's after having permanent subclass 100 visa. As the visa allows you to go out and re entering the country for 5 years. Soon as 5 years is up and you go out of the country you have to get a resident returning visa or they won't let you back in. But if you don't have plans to leave the country for a holiday you don't have to worry. If you get citizenship then it doesn't matter as you be a Australian and can leave and re enter as many times as you like
Hello Actually we have applied for my spouse visa on July 2019. We applied from Sri Lanka. Now it’s already been 10 months but I haven’t got any response from their end. It’s really depressing to be waited without a hope. Could you please let me know how long will I have to wait approximately? When I contacted the immigration, they said my application is ok and they haven’t asked for any further documents.
Ishara wijesiriwardana The processing time now is over 14 months especially due to COVID 2019 ...We applied in May 2019 and were just approved this week...Good luck
Lachlan Thank you so much for your update Lachlan. Did you apply offshore?
Ishara wijesiriwardana join a group on Facebook called Partner Visa Australia...lots of people in similar positions can answer your questions
Lachlan wow this is great news! We’re still waiting on ours, since April 2019. Good to hear someone is granted!
Lachlan it gives hope for me as well,I’m also awaiting for my partner visa approval which was applied in July 2019.Thank you for the update.
Pls explain student to partner visa
Hi Chaitali - please watch this Episode here ua-cam.com/video/lcOmml5rTv4/v-deo.html
now you don' have to wait for 12 monhs for de facto couples
What do you mean? How long it takes?
hey martin, hope you can reply to my question.
I am engaged to my cousin, we've been engaged for over 1.5 years now and recently we have applied for subclass 300 anyways im extremely worried our visa might get declined cause we are cousins. do you know if we are allowed to marry our cousins? we are in a genuine relationship 100% hope u can reply thank you!!
I am not a lawyer or a professional, but from my research, I believe it is a violation of one of the eligibility requirements of not being related to each other as family.
Why is it a secret...
Germany and Japan process their spouse visas within 4 weeks and costs under 100 Australians dollars
JOKE
Australia is overpriced and overrated. Has been for the last 25 years.Very expensive to live in Australia..I don't know why people bother to go live there
@@nathan-ck3je Because it's safe, good quality of life and our currency is strong.
We need a Class action against Immigration.
This is why it takes so long ua-cam.com/video/ll2pGDRw7WI/v-deo.html
💜