# Subclasses 309 and 100



## OzMove (Jul 20, 2011)

I am very confused with my options and I am hoping that I can get some advice from people who have been in my position. 

I am a South African married to an Australian, living in Cape Town South Africa. 

We have been married for 6 years and met and married in Edinburgh, Scotland. 

We would like to move to Australia, so I need a temp partner visa that follows a permanent partner visa in the same application. 

I know more or less the health requirements and have already received my UK police clearance, waiting on my South African police clearance,I am praying it does not get lost in the post  

I have now this evening discovered that I need to first apply for the visa before I can do the health check. Now I am thinking how does that work.  

Ok without making this sound bigger than it should be, my simple question. 

Does anyone have any advice on how to get this visa any easier. I mean can I not apply in Australia, would that be easier? I have been married to a Ozzie for 6 years, surely that must count for something.  

Any advice would be appreciated.


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## Zultan (Aug 4, 2009)

Hi, unfortunately there is no easier way of getting the visa. Because you have been with your partner for more than three years you will get a permanent residents visa (subclass 100), without needing to wait for two years on a temporary visa.


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## sam_lloyd1881 (Jul 1, 2010)

Hi Ozmove,

I married my gf who an Australian PR, came to Australia and applied for an Onshore Temp and Perm Visa.After submission of the documents, I received a Bridging Visa A within 2 weeks, which allows me to stay here until my sub class 820( temporary) is processed. But the Visa does not allow me to work.

Processing time based on the DIAC website is 6 to 9 months.
My agent who helped me in my VISA told me normally its not a good idea to do the medical too early,as some times the processing time might drag,and by then the medical records would have expired ( I believe it can be used for as long as a year it was taken) and u probably need to do it again.

I hope the above information helps


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## OzMove (Jul 20, 2011)

Zultan said:


> Hi, unfortunately there is no easier way of getting the visa. Because you have been with your partner for more than three years you will get a permanent residents visa (subclass 100), without needing to wait for two years on a temporary visa.


Thanks so much for the info and reply. 

When you say that I would get the permanent visa without having to wait 2 years, do you know roughly how long it would take. 

Would I get the permanent straight away?


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## OzMove (Jul 20, 2011)

sam_lloyd1881 said:


> Hi Ozmove,
> 
> I married my gf who an Australian PR, came to Australia and applied for an Onshore Temp and Perm Visa.After submission of the documents, I received a Bridging Visa A within 2 weeks, which allows me to stay here until my sub class 820( temporary) is processed. But the Visa does not allow me to work.
> 
> ...


Thanks for the info, you have given me an idea of how it would work if I applied in Oz. This is the sort of info I love, I like to have all the options on the table. 

So did you just get on the plane and applied for the visa when you got there? 

I am just wondering about that  I have seen some shows on Australian border control and from what I remember you get put in the holding cell if you have no visa.  Maybe it is different for someone from Singapore to a person from South Africa. 

Please tell me more.


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## Guest (Jul 21, 2011)

OzMove said:


> Thanks for the info, you have given me an idea of how it would work if I applied in Oz. This is the sort of info I love, I like to have all the options on the table.
> 
> So did you just get on the plane and applied for the visa when you got there?
> 
> ...


 You can not just 'get on a plane and apply when you get there' 
Everyone needs a visa to enter Australia. Even us partners Australian citizens! 

They are probably meaning they went on a tourist visa and applied from that. BUT, toursit visas are for tourism purposes only. I dont know what type of toursit visa you would apply for being from SA? 
Anyway, if they think you were taking that route and were planning on living in Australia on a tourist visa you could be denied the visa or denied entry at the border. 

If you do manage to convince them (lie to them) that you were not planning to breach the law you would not be able to work while your vsa was processed. Onshore applications take much longer than offshore, a good 9 - 12 months more! For the whole of that period you would not be entitled to welfare, medicare nor would you be able to work.


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## sam_lloyd1881 (Jul 1, 2010)

Hi Ozmove,
hi Ozmove,

Visa is needed for all (except Australian citizens) entering Australia. for some countries (Low Risk),i believe they can do it at the customs but is more expensive, and if the immigration officers smell a rat, they would prob hold u back and ask more questions. I made a check, and their notation of Low Risk is categorized into countries which are eligible for ETA 
( Online tourist Visa )

I applied for an ETA before i arrived in Australia.
Once i entered, I finished up the remaining paper work and supporting documents ( open joint bank account, get testimonials from Australian PR or Citizens, marriage cert, photos of wedding etc...), then made the submission. As per my earlier post,i then got the bridging visa in 2 weeks.


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## Zultan (Aug 4, 2009)

sam_lloyd1881 said:


> I applied for an ETA before i arrived in Australia.
> Once i entered, I finished up the remaining paper work and supporting documents ( open joint bank account, get testimonials from Australian PR or Citizens, marriage cert, photos of wedding etc...), then made the submission. As per my earlier post,i then got the bridging visa in 2 weeks.


This is a high-risk strategy, ETA are for Tourist visits to Australia - not to be used to get you into the country so that you can apply for another visa. Anyone using this method risks being sent home on the next plane and even barred from Oz for three years. Your choice..


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## sam_lloyd1881 (Jul 1, 2010)

Zultan said:


> This is a high-risk strategy, ETA are for Tourist visits to Australia - not to be used to get you into the country so that you can apply for another visa. Anyone using this method risks being sent home on the next plane and even barred from Oz for three years. Your choice..


Hello Ozmove,

You should weigh your pros and cons.
What I listed was from my experience, but I cannot guarantee the same results for any other individuals who have tried the similar approach.

Of course the safer solution would be an Off shore spousal Visa, the time line is shorter too.


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## OzMove (Jul 20, 2011)

_shel said:


> Onshore applications take much longer than offshore, a good 9 - 12 months more! For the whole of that period you would not be entitled to welfare, medicare nor would you be able to work.


I think this was the key for me on what you said. Thanks for the comments I appreciate it.


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## OzMove (Jul 20, 2011)

sam_lloyd1881 said:


> Hi Ozmove,
> hi Ozmove,
> 
> Visa is needed for all (except Australian citizens) entering Australia. for some countries (Low Risk),i believe they can do it at the customs but is more expensive, and if the immigration officers smell a rat, they would prob hold u back and ask more questions. I made a check, and their notation of Low Risk is categorized into countries which are eligible for ETA
> ...


I appreciete the inside track.  In my case I think it will be less low risk, and less time to apply from SA. Thanks a stack though.


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## OzMove (Jul 20, 2011)

Zultan said:


> This is a high-risk strategy, ETA are for Tourist visits to Australia - not to be used to get you into the country so that you can apply for another visa. Anyone using this method risks being sent home on the next plane and even barred from Oz for three years. Your choice..



I agree. I have seen Oz border control on tv.


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## OzMove (Jul 20, 2011)

sam_lloyd1881 said:


> Hello Ozmove,
> 
> You should weigh your pros and cons.
> What I listed was from my experience, but I cannot guarantee the same results for any other individuals who have tried the similar approach.
> ...



Yes the time line is key. I agree it will be faster and I will prob go that way. 


Anyone else have another tip or two ?

I am waiting on my SA police clearance still. So thats a pain.


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## Guest (Jul 22, 2011)

My advice would be to gather as much evidence as you possibly can to prove your case. The more info you have, the easier it is for your CO to make a decision, the quicker you get a grant. 

I didnt send enough at first despite sending what I thought was loads. Even if you think it seems irrelevant send it!


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## OzMove (Jul 20, 2011)

_shel said:


> My advice would be to gather as much evidence as you possibly can to prove your case. The more info you have, the easier it is for your CO to make a decision, the quicker you get a grant.
> 
> I didnt send enough at first despite sending what I thought was loads. Even if you think it seems irrelevant send it!


Thanks for the info. I will defo try to send as much as possible. 

Do you know if I have to have the medical done before I submit my request or after they tell me what medical to do? I read somewhere it said that I should apply first before doing the medical. 

What confuses me is the fact the VFS (the official australian agent) - btw you can only do it in person in pretoria or if you are in cape town like me, you have to use this company employed by the oz govt called VFS. They say I should not include my passport in my application untill I have done my medical, but in the official docs it sais that if applying from overseas I need to apply first before doing my medical. Then someone said my wife (who is a ozzie) has to also do a medical. that just does not make sense to me.


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## Guest (Jul 23, 2011)

The Australian Citizen who is sponsoring you does not need a medical full stop! They could be ill, disabled whatever and it doesnt matter so long as they can afford to sponsor you by taking care of you if you cant get a job!

Dont do you medical until asked to do so by your CO. Medicals are time limited, usually a year less from some high risk TB countries. If you do them before you might end up having to redo them at your own cost because they have 'run out'. 

You shouldn't send your passport because you might need it for travel & to later get your medical. Get a certified copy of the data info page and send them that. When they need your actual passport your CO will request it. 

Despite what people & forums can tell you they can only tell you what they know in their limited experience of the system, (myself included given I didn't apply from South Africa) 
Always double check everything with the DIAC web site......

South Africa - Contacts

South Africa - Visa Information and Lodgement

About the High Commission - Australian High Commission


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## OzMove (Jul 20, 2011)

_shel said:


> The Australian Citizen who is sponsoring you does not need a medical full stop! They could be ill, disabled whatever and it doesnt matter so long as they can afford to sponsor you by taking care of you if you cant get a job!
> 
> Dont do you medical until asked to do so by your CO. Medicals are time limited, usually a year less from some high risk TB countries. If you do them before you might end up having to redo them at your own cost because they have 'run out'.
> 
> ...


Thanks a stack! The info you now gave me tied everything togther from what I have read on DIAC site. My confusion was related to all the masses of info. 

But the way you just said it, is more or less how I understood it at first. Thanks for clarifying on the medical and passport issue.


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## OzMove (Jul 20, 2011)

*Police clearance*

It seems to me now as if I did not need to apply for police clearance,
I would appreciate comments on this. 

I now know that I only need to supply medicals if my CO asks for them, so my application can be submitted without that. 

My next questions is then, police clearance. Can anyone tell me if it is the same in this case. In other words do I need to apply for police clearance in previous countries including south africa before I submit my application? 

I thought so and got my british clearance and waiting on my South African one. But now it seems it sais that they "may" require one. So does this mean I do not have to provide it ? 

Baiscly it seems to me now that if we can provide excellent evidence of our relationship over the past 6 years (which we can) and we can both provide proof identity and that she is a Auzie, we are basicly sorted. Am i right ???


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## Guest (Jul 24, 2011)

You will at some point need to provide police certificates for the UK & SA *if *you have lived in both countries in the last 10 yrs, but same as the medicals they are time limited. UK ones are valid for a year, no idea about the SA one.


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## OzMove (Jul 20, 2011)

_shel said:


> You will at some point need to provide police certificates for the UK & SA *if *you have lived in both countries in the last 10 yrs, but same as the medicals they are time limited. UK ones are valid for a year, no idea about the SA one.


Ok I see, well yes I had to get a UK one as I lived in Edinburgh for about 4 or 5 years.  Good 'n wet Edinburgh.  

The UK police clearance cost about 50 GBP I think and took about 3 weeks, from SA. and you will know better than me, it must probably be valid for a year. 

My SA police clearance was posted to the issuing office and they received it on 20 June, still no sight and not sure when they will send it. Can take up to 3 months, or maybe after 3 months you realise they lost it.  I am hoping this is not the case. lol

I am told the SA police clearance is valid for 6 months. 

So do you think I should apply so long, the rest of my application is solid. I was thinking to put in the application and include my british police clearance and proof that I applied for a SA police clearance. Then by the time I get told to do my medical's I should hopefully have the certificate back from the SA police. 

Or do you think I should wait till I have my SA police clearance in my hand?


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## Guest (Jul 25, 2011)

If you have everything else just apply with everything you have and proof that you are awaiting your SA clearance. Could take forever or even have to be redone from what I read about the service in SA! So best to apply, sooner you get it in the sooner it will be granted!

You SA clearance my well have a longer life span if you're not still living there and not going for a trip there before your visa is grated!


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## OzMove (Jul 20, 2011)

_shel said:


> If you have everything else just apply with everything you have and proof that you are awaiting your SA clearance. Could take forever or even have to be redone from what I read about the service in SA! So best to apply, sooner you get it in the sooner it will be granted!
> 
> You SA clearance my well have a longer life span if you're not still living there and not going for a trip there before your visa is grated!



Thanks  that's what I thought, just apply with what I have. 

My wife had to have a SA police clearance done to get her SA residents visa extended and that was exactly the same process I followed. Her took about 6 weeks. Mine has been about 6 weeks so I am holding thumbs.


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## maanishaa (Aug 1, 2011)

Hi guys,

my case even more confusing. I am Australian citizen, an expat from India, holding a perm role. I met a girl in India last April. Since then I am in contact with her. I dont know how long will I hv to wait to marry her. They say I hv to wait for 3 more months to marry and then only can she apply for her spouse visa. Otherwise her spouse visa application will be rejected.

There are many people in India and Australia who can vouch for our continuing relationship.
My friends advises me against Fiancee visa since prerequisite is a 12 month relationship.
Can anybody here help me how to go abt it.
I hail some professional advices coming my way. we find it very difficult to be separated for so long.
What is the best possible method for her to land. dont care whatever that costs me.
Your advices highly appreciated. Thanks in advance.


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## maanishaa (Aug 1, 2011)

_shel said:


> My advice would be to gather as much evidence as you possibly can to prove your case. The more info you have, the easier it is for your CO to make a decision, the quicker you get a grant.
> 
> I didnt send enough at first despite sending what I thought was loads. Even if you think it seems irrelevant send it!


congrats to both of u. njoy life out there togethere that is:
njoy n relish every moment togethere.


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## Guest (Aug 3, 2011)

maanishaa said:


> Hi guys,
> 
> my case even more confusing. I am Australian citizen, an expat from India, holding a perm role. I met a girl in India last April. Since then I am in contact with her. I dont know how long will I hv to wait to marry her. They say I hv to wait for 3 more months to marry and then only can she apply for her spouse visa. Otherwise her spouse visa application will be rejected.
> 
> ...


 You can apply for the prospective spouse visa 300. There is no requirement to have lived together, just that you have met in person and intend to marry. Prospective Marriage Visa (Subclass 300)

You apply for the visa, when granted she has 9 months to move to Australia and get married then apply for the spouse visa onshore.


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## OzMove (Jul 20, 2011)

Got given my Permanent residence first up! Received it about 3 or 4 weeks ago. 

Now I need to gather info on work.  Thanks to everyone who helped me with their comments. Anyone reading this post who is looking for info, feel free to ask.


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## Miss Swan (Apr 24, 2008)

Hello, yes I've got another question that people have been giving me different answers to. In form 1127 where it says the applicant must provide the following documents including:

*"certified copies of passports and travel documents"*

Now this does mean only the first and last page of the passport, or all stamped pages of the passport? Can someone please enlighten me on this please? Someone says the former but that's not now I interpret it.


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## Guest (Mar 23, 2012)

I sent only the photo/data page and it was accepted. You specify on your application the countries you've visited so no need to send copies of stamped pages.


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## OzMove (Jul 20, 2011)

Miss Swan said:


> Hello, yes I've got another question that people have been giving me different answers to. In form 1127 where it says the applicant must provide the following documents including:
> 
> *"certified copies of passports and travel documents"*
> 
> Now this does mean only the first and last page of the passport, or all stamped pages of the passport? Can someone please enlighten me on this please? Someone says the former but that's not now I interpret it.


Miss Swan I am 100% certain that you only need to send a copy of the data page, this is the page with your photo and personal details such as name. What is extremely important is that your passport number is clearly shown. 

They do not like to handle or keep your original passport for longer than they have to, so they ask for a certified copy at the start, when your application has been finalised and approved, they will ask you to send your original passport.


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## nonny1983 (Jul 20, 2011)

Just the page with your personal info nothing else.


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## Miss Swan (Apr 24, 2008)

Well thank you shel, OzMove and nonny 1983 for your replies! They're very very helpful indeed! I got a bit nervous and colour printed virtually 20 pages from my passport *dang*


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## Miss Swan (Apr 24, 2008)

Hi guys, I'm back with a really big question. It'd be really really great if someone can offer some solid advice here cos this is a tricky one.

Now the thing is, my partner will be my Sponsor for the partnership visa, naturally. 
But what I'm really concerned about here is that from the very beginning of our relationship he has been on the Carer's Pension Scheme which means he is the sole caretaker of his disabled mother and hence *is not allowed to work*, while Centrelink assists him by providing him with some allowance every month.

It's a sad situation that we can't do anything about because his mum is very highly dependent on him to get around and run errands/do food shopping and as much as he wants to earn decent income, as the only child at home, he needs to look after his mum.

That means he's not able to submit any payslips/tax documents/bank statements to show he has the ability to support me. So I'd to know what DIAC's stand on this is?

Personally, his financial situation (or lack thereof) has never been an issue for me. If I'm granted the partner visa and move over, I'll definitely make sure I have enough savings to tide myself over, plus I intend to find work there, and in the worst case scenario his mom will help us out. I've been there heaps of times for visits, ranging from 1 week all the way to 3 months, and we've never found ourselves in a situation where we're completely out.

Is there anything I/my partner can do to get over this Sponsorship requirement?


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## Guest (Mar 27, 2012)

Do you work, have qualifications or able to earn? We sent proof of both our income & earning ability. P60s, CVs etc to show we could support each other rather than me being fully dependent on his income (or lack of at the time) and say as much in your satutory declarations.


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## Miss Swan (Apr 24, 2008)

Yes shel, I do. I can provide evidence of my qualifications (degree holder) and stable income easily (I don't earn heaps though, just a decent executive's salary). I'm happy to declare what you've mentioned above.

I'm just very worried on my partner's end as the only 'income' he has been receiving is the Carer Allowance. He basically has nothing to show, and the Sponsorship form requires him to submit his financial documents.


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## Guest (Mar 27, 2012)

Don't worry, just send the extra evidence, you are a modern couple after all. Who is 'kept' by their partner any more except the super rich! 
I've seen people on disability pension sponsoring their spouse successfully. So long as you have a roof over your heads & enough to survive on you'll be fine.


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## Miss Swan (Apr 24, 2008)

shel, that's certainly the best advice I've heard all day  We're very lucky that the house he's staying in is fully paid up. No car loans, no house loans, utility and internet bills paid up on time pretty much...


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## OzMove (Jul 20, 2011)

Miss Swan, exactly as Shel said, 

Think like the Ozzie gov would think. All they are interested in is firstly if you have a valid sponsor, which you do and you can prove. 

Secondly, proof of means, the fact that your sponsor is not able to work is not relevant to them, all they want to be sure of is that you both can support yourself without becoming a burden to ozzie society. In other words if you provide plenty of proof of your financial means, however you get it, you will be able to qualify for the visa. 

My only question is, with his mother; is she going with you to Australia? Because as far as I recall if you have dependents they may require you to apply for them for a visa also, and if they are not going, you would need to explain why. 

But shel may know more than me on this. Please don't panic about what I said, I am not 100% sure, I just seem to remember seeing something about dependents but it may have been referring to young children.


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## Guest (Mar 28, 2012)

You would be right but as the partner is Australian and getting a carers pension for looking after his mother she must also be Austraian or at least PR so would not be a dependent and her circumstances not taken into account when applying for the visa  
It just proves why he can't work but has some income & it helps that they'll all live in her home.


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## Miss Swan (Apr 24, 2008)

Sorry OzMove for the confusion but both the partner AND his mother are in Australia. They are Australian citizens.

I'm trying to build up my liquid assets as much as possible. It's not much looking at it right now, as most of my income goes to paying for insurance and savings plans, while my next annual bonus will only come in at the end of the year, which will be many months past my visa application! Thing is I'm not sure how much the ozzie govt wants me to have in my savings to show that I am financially independent...what's a good figure to have?


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## Guest (Mar 29, 2012)

Unlike the UK they don't ask for a specific amount for spouse visas. We guessed we would have $30000 so put that down. I sent copies of bank & savins statements showing about £12000 at the time and they were happy with that.


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## AussieFemmeInFrance (Oct 31, 2011)

Hi ozmove,
Can I ask how long it took you from the point that your visa was put into "final decision" queue to the point you got your visa approved? I'm an Aussie citizen and my husband is French, and we're currently living in France until he gets his visa granted. We applied in February, and was told its already in the queue for final decision but we were also told that they were finalizing visas which were submitted july of last year. We really don't want to wait that long as I'm not working and frankly, getting bored! I have a great well paid job in Melbourne, I'm just on unpaid leave of absence until December of this year. Thanks


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