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Melissa Lee

20 year marriage, looking into apply 309 & 100

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Hello,

I am Vietnamese and have married my husband for almost 20 years (only 2 months short of 20 years now) with 3 years of dating before that. My husband is a Vietnamese - Australian. We met in Vietnam when he moved back here for a job. Since then, we lived mostly in Vietnam with a 5 years in Singapore due to his jobs. We have 2 kids and our son wants to attend university in Australia in about 3 years. We have planned to move back to Australia after our youngest (daughter) finishes her high school in about 5 years. I myself have only visited Australia on visitor visas a few times. 

Though it seems we have time, even if the new law (of pre-approved sponsor) comes into effect, we would like to know if we apply for visa subclass 309 now and if we get approval, how long is that visa valid? I read that I need to move to Australia to activate visa 309 and visa 100 won't be granted otherwise but I can't do that before my daughter finishes high school. 

I guess my questions are a) should I apply now? and b) where do I get a list of documents that I should be submit so I can start gathering them? c) will my husband long time overseas affect the application?

Unfortunately, though our relationship spans over 2 decades, we don't keep letters (there are none I think because we have always lived together) or invitations or anything pre-digital age due to our many house movings during our marriage, except wedding photos and very few other evidences. d) Is it worrisome? 

I have initially talked to some agent, got a quote of $7k for their fees (of course on top of the over $7k payable to Australia government) but they kind of clamped up when I told them that we may not log the application immediately. They said they would guide us when we decided to log. e) how much is the average agent charge?  

Thank you for reading and for any advices. 

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16 hours ago, Melissa Lee said:

I guess my questions are a) should I apply now? and b) where do I get a list of documents that I should be submit so I can start gathering them? c) will my husband long time overseas affect the application?

All your answers are here:  https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore/provisional-309#HowTo

  1. Your husbands location should not make any difference to an offshore application.  As long as he meets the criteria as defined on the website above. So yes apply now, I can not see any advantage in you waiting.
  2. See the link https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore/provisional-309#HowTo
  3. As long as Hubby is an Aussie citizen then his long time offshore will not have an effect.

Agents fees, all I can say is shop around and check their references.  You don't need an agent if you are both reasonably literate in English and understand the application process. Using an agent is no guarantee, but they often help to avoid common mistakes when applying. I see the range of 50% to 200% of the IMMI application fee as being a guide to the agents fee. Your sounds a simple case, so I would hope it would be to the lower end.  

 


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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22 minutes ago, AussieDude said:

All your answers are here:  https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore/provisional-309#HowTo

  1. Your husbands location should not make any difference to an offshore application.  As long as he meets the criteria as defined on the website above. So yes apply now, I can not see any advantage in you waiting.
  2. See the link https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore/provisional-309#HowTo
  3. As long as Hubby is an Aussie citizen then his long time offshore will not have an effect.

Agents fees, all I can say is shop around and check their references.  You don't need an agent if you are both reasonably literate in English and understand the application process. Using an agent is no guarantee, but they often help to avoid common mistakes when applying. I see the range of 50% to 200% of the IMMI application fee as being a guide to the agents fee. Your sounds a simple case, so I would hope it would be to the lower end.  

 

Thank you for your reply. Yes, my husband left Vietnam after the war, when he was just 9 years old and has been an Australian. He doesn't even have Vietnamese citizenship any more and I have to sponsor his visa in Vietnam now. 

But if we get the visa Subclass 309, do we have to move to Australia immediately or can we wait for a few years? We can't move until mid 2024, when my daughter finishes high school in Vietnam (long story but it's how our situation is). That's why we are hesitant in applying now. 

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14 minutes ago, Melissa Lee said:

Thank you for your reply. Yes, my husband left Vietnam after the war, when he was just 9 years old and has been an Australian. He doesn't even have Vietnamese citizenship any more and I have to sponsor his visa in Vietnam now. 

But if we get the visa Subclass 309, do we have to move to Australia immediately or can we wait for a few years? We can't move until mid 2024, when my daughter finishes high school in Vietnam (long story but it's how our situation is). That's why we are hesitant in applying now. 

OK, understood.  Usually Migration Visa's such as the 309 expect you to land in Australia within 12-18 months from the date of the Visa grant. It varies, and can be extended with plausible reason. But not for say 5 years.

As you planning nearly 5 years hence, you could certainly wait until your plans are closer.  I can only comment based on today's laws and policies, a lot can change in 5 years.

What I can promise is that it will cost a whole lot more in 5 years 😉


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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1 hour ago, AussieDude said:

OK, understood.  Usually Migration Visa's such as the 309 expect you to land in Australia within 12-18 months from the date of the Visa grant. It varies, and can be extended with plausible reason. But not for say 5 years.

As you planning nearly 5 years hence, you could certainly wait until your plans are closer.  I can only comment based on today's laws and policies, a lot can change in 5 years.

What I can promise is that it will cost a whole lot more in 5 years 😉

Thanks, that clears it up. I will wait then. I understand it will cost more but can't be as much as we have to move now :D. Some people told me it's valid for 5 years and could be extended for another 5 years. Not true?

Or can I go to Australia to activate the visa 309 and then leave and apply for 100 from outside too? Just exploring my options. If you could point me to the link to all these info, I would be much indebted. 

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2 hours ago, Foxy said:

You can go to Australia, activate it and go back to Vietnam and move in 2024.

We  received my visa almost 2 years ago and will move to Aus only in the beginning of the next year. 

That's wonderful information. Thanks so much.  

Did you mean you received the 309 OR the 100? On immigration website, it states that the 309 is valid for 12 months only. 

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1 hour ago, Melissa Lee said:

That's wonderful information. Thanks so much.  

Did you mean you received the 309 OR the 100? On immigration website, it states that the 309 is valid for 12 months only. 

Not sure where you read that, it's incorrect. The 309 is valid until a decision has been made on the 100.

To be honest I wouldn't apply now given how far out before you want to apply. Based on what you have put you'll probably get the 100 granted straight away and it's travel facilities are only valid for 5 years then you need to apply for a RRV which they seem to be crashing down on.

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14 hours ago, Aussie_83 said:

Not sure where you read that, it's incorrect. The 309 is valid until a decision has been made on the 100.

To be honest I wouldn't apply now given how far out before you want to apply. Based on what you have put you'll probably get the 100 granted straight away and it's travel facilities are only valid for 5 years then you need to apply for a RRV which they seem to be crashing down on.

I just talked to a friend, who were given the 100 right away as she also had a long relationship with 2 kids. But that was 10 years ago and she somehow missed her date to get the RRV (she's still living in Vietnam). She thinks her whole PR thing is invalid now. So maybe to be safe, I will apply by 2021. It would help my travels in and out of Australia with my son studying there from 2023 on I think. He's an Aussie too, it's likely that he will find work and settle there. To be absolutely sure, my husband will try to get some advices from the Embassy here. 

It's quite a process and I am still trying to wrap my head around it. Thank you so much for taking the time to reply. 

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I also read somewhere else, definitely makes sense to wait (though at a higher cost): 

"Once you have recieved your PP from the Australian high commission office with a visa stamp on it, your PR status starts from that day. Its valid for 5 years & you can travel in and out of australia indefinitely.

BUT there is a catch. In order to renew your PR upon expiry , in those 5 yrs tenure its mandatory for you and joint applicant (if any), to live in australia for a period of minimum 2 yrs. Otherwise you will have trouble renewing you residency and will not be eligible for citizenship".

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13 hours ago, Melissa Lee said:

I just talked to a friend, who were given the 100 right away as she also had a long relationship with 2 kids. But that was 10 years ago and she somehow missed her date to get the RRV (she's still living in Vietnam). She thinks her whole PR thing is invalid now. So maybe to be safe, I will apply by 2021. It would help my travels in and out of Australia with my son studying there from 2023 on I think. He's an Aussie too, it's likely that he will find work and settle there. To be absolutely sure, my husband will try to get some advices from the Embassy here. 

The PR doesn't expire but the travel facility does. In theory you can apply for an RRV after the travel facility expires but if you haven't moved to or lived in Australia by that time it may be harder to get. You will need to show strong ties to Australia and maybe explain why you didn't move in the appointed time.

Once you get the visa (which in your case should be straight to the 100 visa) you will also get an "enter by" date, which is require to activate it. This is typically within 1 year from the date you got your medicals and police check though I understand this sometimes has some leeway. In either case, you must enter Australia by that date but don't need to move yet.

The travel facility is then valid for 5 years (not sure if that is 5 years from award or 5 years from the day you enter the first time). Given that it will likely take at least a year before the visa is awarded that would give you to ~2025 to move there if you submit today. Once you live there the RRVs to enable travel should be easier.

On the migration agents, some offer consultations that allow them to check your submission once you have completed the paperwork yourself. A lot cheaper and can give some peace of mind that you have ticked all the boxes.

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17 hours ago, taco said:

The PR doesn't expire but the travel facility does. In theory you can apply for an RRV after the travel facility expires but if you haven't moved to or lived in Australia by that time it may be harder to get. You will need to show strong ties to Australia and maybe explain why you didn't move in the appointed time.

Once you get the visa (which in your case should be straight to the 100 visa) you will also get an "enter by" date, which is require to activate it. This is typically within 1 year from the date you got your medicals and police check though I understand this sometimes has some leeway. In either case, you must enter Australia by that date but don't need to move yet.

The travel facility is then valid for 5 years (not sure if that is 5 years from award or 5 years from the day you enter the first time). Given that it will likely take at least a year before the visa is awarded that would give you to ~2025 to move there if you submit today. Once you live there the RRVs to enable travel should be easier.

On the migration agents, some offer consultations that allow them to check your submission once you have completed the paperwork yourself. A lot cheaper and can give some peace of mind that you have ticked all the boxes.

Thank you for the advice. I have no problem to travel to Australia to activate the PR status but I have read that if within the 5 year validity, if I don't live there for 2 years (730 days), it may be hard to get the RRV and there is no way I will be able to have lived there 730 days by 2025, more likely just 1 year. So I opt for waiting another year or so, that will certainly give me more time to live there. 

Re agents, yes, I will look around for that service. I thought they only do it in a package. At the moment, I am reading up and haven't really wrapped my head around the paperworks necessary. Living in Vietnam, a lot of things do not meet with requirements, like... we don't received paper invitations (postal workers here just throw them away), banks do not allow joint-account if my husband (foreigner) doesn't have a labour contract (and he doesn't) so it's mainly my account, utility bills have only 1 name on it... that sort of things. I definite need to read a lot more and I am glad we have time to do so. 

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On 9/15/2019 at 11:22 PM, Foxy said:

They usually give you the entry date. Beside that it is valid till you get 100.

but Aussie is right, you are most likely to get 100 straight away. Best decision to apply in 2021 :) 

Thank you :D

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8 hours ago, Melissa Lee said:

Thank you for the advice. I have no problem to travel to Australia to activate the PR status but I have read that if within the 5 year validity, if I don't live there for 2 years (730 days), it may be hard to get the RRV and there is no way I will be able to have lived there 730 days by 2025, more likely just 1 year. So I opt for waiting another year or so, that will certainly give me more time to live there. 

Re agents, yes, I will look around for that service. I thought they only do it in a package. At the moment, I am reading up and haven't really wrapped my head around the paperworks necessary. Living in Vietnam, a lot of things do not meet with requirements, like... we don't received paper invitations (postal workers here just throw them away), banks do not allow joint-account if my husband (foreigner) doesn't have a labour contract (and he doesn't) so it's mainly my account, utility bills have only 1 name on it... that sort of things. I definite need to read a lot more and I am glad we have time to do so. 

We applied from central Asian country and both foreigners. A lot of what you described is same for us. But it worked :) I’m sure it will work for you too. 

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