VISA (partner visa) - is this my only option??

[Woj]

Hi!

 

I wrote before but in the meantime have found some more info, which only confirmed to me that I may be pretty far from knowing all of my options.

 

In brief: I am an aussie citizen with an aussie passport. My wife and I have been married for nearly 8 years, we have two small kids which are eligable for citizenship by descent (so its only paperwork to get their passports ready). My wiofe on the other hand has only her polsih passport. We plan to move back to Australia (she has never been) in 1 year. Tickets one way, we will live there, work there and blend in with the community and after 1-2 years see how life is treating us there. If we decide that its better here than we come back (this is mostly a condition that I understand, as my wife is terrified of the move and to lose what we have here).

 

Anyway, from what I have been reading, a few weeks ago I thought that THE ONLY option we had was:

 

- the Partner (provisional) Visa (subclass 309) and partner (migrant) visa (subclass 100) - (I understand that the first 309 is for the first 2yrs, and then after 2 yrs I can apply for the 100 which will give permanent residence?

 

The cost of this visa is a whopping 7000AUS which completely blew me off my seat.

 

Now I see there is a second option:

 

- Partner Visa (subclass 820 and 801).

 

From what I know the only differences between the two is that on the first one (subclass 309 and 100) you have to be outside Australia when you apply and when you receive the visa, and the second visa (subclass 820 and 801) you can be in Australia?

 

Are those teh ONLY TWO options that I have? I'll be straight to the point, that the cost of the visa just blew me away and seeing as in Poland 7000 AUS is probably about how much you can put away in a year, I am seeking for any pother possibilities.

 

Another important factor is that my wife must be able to work legally. I know my second half quite well and know, that she cannot sit on her behind for too log and not do anything. We want to avid going to the unemployment office and would rather try and find work as soon as possible, that is why my wife would need a visa on which she can work on without a problem.

 

Any informatuion kindly appreciated. Maybe somebody has been through a similar situation??

 

All the best,

Woj.

[snifter]

The partner visa is your only option, yes.

 

As you have seen, one is applied for offshore and the applicant needs to be offshore when its granted, so outside of Aus. The other is applied for on shore and the applicant can be on shore when its granted.

 

Off shore takes a shorter amount of time to approve. Currently in London (if applying from a low risk country) the timeframe is 10-14 months. Once granted, she would need to travel to Aus (or move) within a set time to validate it and would be entitled to Medicare, legally work etc. I would hope she would get PR from the off given the amount of time you have been married.

 

On shore takes longer and means your wife would be on a bridging visa while waiting for it to be granted. She would have work rights etc but its a bridging visa, so not permanent and only valid because she would have gone from a tourist visa to lodging for a partner visa. Bridging visa would kick in when her current sustantative visa expires so she'd be on holiday for 3 months without being able to work afaik.

 

Police checks and medicals will need to be done wherever you apply from. As will all the other paperwork. There isn't any difference in this between the two. Just one is off shore, one on shore.

 

Both visas appear to cost the same now.

 

Also you risk a lot to head to Aus on one way tickets with your wife on a tourist visa intending to lodge on shore. Reason being her being on a tourist visa and supposedly being on that in good faith etc to depart Aus after her trip. Immigration may question your intent if you are all on one way tickets and your wife is the only one on a tourist visa as the rest of you are Aus citizens.

 

Personally, if you are planning it all now, I'd go the off shore route, get things all sorted for when its granted and head over then. With full work rights and hopefully permanent residence your wife will be a lot better placed work wise. And entering Aus on the intended visa for your one way flight, to settle there.

[snifter]

Well, other visas could be an option but then that involves being invited in the first instance to apply for a visa, which is not a given. Then say state sponsorship, sitting an English test, passing any skills assessment, medical, police checks and some other stuff probably. And your wife would need a skill or profession Australia wanted. And you'd have to pay for all that which would stack up. I don't know the exact costs but its probably in the same ballpark if not more.

 

Honestly, a partner visa is the most appropriate in this instance. Its one of the most straighforward, most clear cut visas to apply for and best suited I'd say given you are a couple where one is already an Aus citizen and kids are too.

 

I applied for mine and it was really easy, just a bit time consuming to gather all the evidence etc but pulled it all together within 6-8 weeks to be able to apply.

[sanjeevkathuria]

Well, other visas could be an option but then that involves being invited in the first instance to apply for a visa, which is not a given. Then say state sponsorship, sitting an English test, passing any skills assessment, medical, police checks and some other stuff probably. And your wife would need a skill or profession Australia wanted. And you'd have to pay for all that which would stack up. I don't know the exact costs but its probably in the same ballpark if not more.

 

Honestly, a partner visa is the most appropriate in this instance. Its one of the most straighforward, most clear cut visas to apply for and best suited I'd say given you are a couple where one is already an Aus citizen and kids are too.

 

I applied for mine and it was really easy, just a bit time consuming to gather all the evidence etc but pulled it all together within 6-8 weeks to be able to apply.

 

Cost will be less if follow the above mentioned process and possibility of direct PR(i.e.state sponsorship or independent visa(60 Points) , sitting an English test, passing any skills assessment, medical, police checks and some other stuff probably)...as such medical , police check etc will always be there irrespective of visa sub class.

 

instead of paying $7000 for TR/partner visa he can chose other skill based visa which will costly less with a possibility of PR.

 

since he is having a time frame of 1 year to come back to Australia...and if 60 points are met then PR will take 4-6 months maximum.

Edited October 15, 2015 by sanjeevkathuria

[snifter]

Cost will be less if follow the above mentioned process and possibility of direct PR(i.e.state sponsorship or independent visa(60 Points) , sitting an English test, passing any skills assessment, medical, police checks and some other stuff probably)...as such medical , police check etc will always be there irrespective of visa sub class.

 

instead of paying $7000 for TR/partner visa he can chose other skill based visa which will costly less with a possibility of PR.

 

since he is having a time frame of 1 year to come back to Australia...and if 60 points are met then PR will take 4-6 months maximum.

 

The partner visa would see his partner go straight to PR I would expect, they have been together more than long enough and have children together so that would normally qualify his partner for PR from the off on a partner visa. Unless Poland is considered a high risk country in which case it would be a temp 2 year visa that should then becomes a permanent one later on.

 

Thanks for this

 

I just looked up the cost of the skilled migration visa. Its $3,600 plus the costs for the other parts they will need to complete and pass. The skilled migration route involves a lot of aspects and is only viable as said if the OP's partner qualifies and is invited to apply. Also if they stuff up calculating the points or some such it could cause problems with the application. So they would need to be totally confident in what she can count on and points gained etc as I understand it.

 

If they don't have a skill/profession/trade etc on the list its a non starter for them.

 

OP, have you read this option over? https://www.border.gov.au/Trav/Visa/Appl/Professionals-and-other-skilled-workers

 

In all honesty, IMHO given you are a family migrating and you can be a sponsor etc, the partner visa is a good visa to apply for as there is no skills assement, no English test, just pass the medical and police check and meet the relationship requirements on the forms and provide the proof of these as per the check list. However, if costs are the driving factor and your wife can meet all the requirements of a skilled migration visa and gain enough points) then investigate the skilled migration route to gain PR.

 

Coming from Poland, looking online it would seem an application would go via Berlin. http://germany.embassy.gov.au/beln/Visas_and_Migration.html which sends you here

 

http://www.border.gov.au/Trav/Work/Work

 

Does your partner have a skill on the SOL? If not, then its a non starter afaik

 

http://www.border.gov.au/Trav/Work/Work/Skills-assessment-and-assessing-authorities/skilled-occupations-lists/SOL

 

If you plan to stay 1-2 years its a lot of money either way to spend out. If its going to turn out to be a long term thing, it will be a worthwhile investment whichever visa you gain, if it sees you returning to Poland, it sees you returning. Something you are happy to do if it isn't for your family.

 

 

Based on what you have said, these are the only real options I can see as viable although someone may be along to suggest something else. Migrating is an expensive thing these days. The visa is the first part of the costs and no matter what route you go, its going to sting the wallet. I'm not a visa expert, just going out from what I can make out online via all the info there. Hopefully you'll find something to work for you.

Edited October 15, 2015 by snifter
added a line

[snifter]

@Blossom can you think of anything else?

 

I don't know any of the student type visas or other options nor have read up on them much.

[Blossom]

Well, there is a student visa, but that would actually cost FAR more as you have to do a full time course, which at the very minimum would be $10k per year without visa fees, and you can only work 20 hours a week.

 

I would say the partner visa would be by far the easiest and best route. Yes it is expensive. Unfortunately it's all expensive nowadays.