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sakib

Partner Visa 309, Staying Overseas

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Hi, 

My partner is having a visa Subclass 309 which was granted in March 2017. As you know, a decision is pending to convert the Subclass to 100 from 309 for my partner. I've heard that decision is made after two years of granting the visa that means it could happen in March 2019. I would like to know does she need to be in Australia while that decision for Subclass 100 would be made as she is living overseas at the moment. 

Thanks in advance. 

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Not quite right. 2 years after the initial 309/100 application you are eligible to submit more information for the 100. For is it took 19 months from eligibility. 

Living outside Australia can question the intent to settle in Australia. 

And if living separately can question that the relationship is genuine and on going

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2 hours ago, Aussie_83 said:

Not quite right. 2 years after the initial 309/100 application you are eligible to submit more information for the 100. For is it took 19 months from eligibility. 

Living outside Australia can question the intent to settle in Australia. 

And if living separately can question that the relationship is genuine and on going

Thanks for the reply. So, do you suggest to be in Australia before she completes her two years of visa subclass 309? 

 

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13 hours ago, sakib said:

Thanks for the reply. So, do you suggest to be in Australia before she completes her two years of visa subclass 309? 

 

There is no problem IMHO with being outside of Australia during the time on the subclass 309. Many people are in this position due to their partners working overseas for example. The Migration Regulations provide that the visa holder (subclass 309) can be in or outside of Australia at the time of the grant of the permanent visa (subclass 100).

As Aussie_83 has said, living separately can question the genuineness of the relationship.  


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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2 hours ago, Bridge said:

There is no problem IMHO with being outside of Australia during the time on the subclass 309. Many people are in this position due to their partners working overseas for example. The Migration Regulations provide that the visa holder (subclass 309) can be in or outside of Australia at the time of the grant of the permanent visa (subclass 100).

As Aussie_83 has said, living separately can question the genuineness of the relationship.  

Thanks for the answer. However, could you please inform how long the Subclass 309 is valid for and when the decision on Subclass 100 is usually made? 

Thanks in advance. 

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1 hour ago, sakib said:

Thanks for the answer. However, could you please inform how long the Subclass 309 is valid for and when the decision on Subclass 100 is usually made? 

Thanks in advance. 

The subclass 309 temporary partner visa is valid until a decision is made on the permanent partner visa (subclass 100). The visa holder is eligible to be assessed for the permanent partner visa 2 years after they applied for the temporary partner visa. Additional documents/evidence needs to be provided for this assessment. 


gRP3y0B.jpg

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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