Spousal visa?

[Mollyisacat]

I’m Australian with a British husband and we are looking at moving to Oz in the next few years. Does anyone have experience getting the visa? Did you use an immigration lawyer? Looks like we’ll need to get a subclass 309 visa to get the provisional visa before applying for permanent visa once we get to oz. Just wanted see if someone can share their first hand experience as it is quite pricy so we’re thinking if we should use a lawyer/ agent to ensure everything’s done right

How long have you been married? Do you have kids? It's pretty straightforward if you can provide evidence that you have been in a relationship for a long(ish) time.

@TerrorAustralis we’ve got two kids and been married for five years with joint acc and mortgage so should be easy to prove

I haven't done it, but provided a written statement for friends. Basically, I stated I had known them for X number of years and their relationship was genuine and committed etc. (probs went a bit overboard).

They didn't get a lawyer or agent, but I know they had quite a few written statements from family and friends (Aus citizens). Plus emails, letters, photos, joint financial documents etc. all supporting their claim.

To be honest I think for your situation it's probably a formality and as long as all your things are in order it's fine. The only people I have known that have had issues are people with partners from developing countries (Indonesia, Philippines).

Yes, I’ve done it. No, didn’t use a lawyer or agent.

Thanks for the responses, we’ll look into it a bit further

I had a partner visa. I think it is one of the most expensive in the world. We did have an immigration lawyer. Initially, I thought they would be helpful but given the amount of paperwork and firm filling in I had to do for them, I later decided it had been a waste of money. However, they understood the system and we’re able to navigate going from provisional to permanent in a way I didn’t know was possible.

A bit complicated to explain but I started out on a bridging visa. I was granted a provisional partnership visa after a lengthy wait. I’m a bit fuzzy on the details now but I think you have to hold a provisional visa for two years before it can become a permanent visa. Unless, of course, it takes more than two years to be granted a provisional visa, in which case they will go straight to granting a permanent visa.

Anyway - my provisional visa came through two dats before I would have been Ieligible for a permanent visa. The lawyer was able to navigate this for me and instead of getting a provisional visa, it went straight to permanent.

Short version - lawyer saved me two years on a provisional visa.

Was it worth it? The difference between the two visas wasn’t much but I think it gave me peace of mind. So yes, I thought it was worth it at the time.

An immigration specialist rather than a lawyer would probably be your best bet. One mistake on the form, or the wrong form, etc and you have to start the process all over again.

I know one who spent several decades working for Australian immigration and now works for an independent specialist firm because of his expertise but is not a lawyer. It's an expensive and slow process, you don't want to get it wrong.

Now that you have mentioned it, the ‘immigration lawyer’ I mentioned may have been an immigration specialist working at a law firm rather than an actual lawyer. As I said before, details are fuzzy as it was a while ago.

Always make sure that your immigration specialist is recognized as such by the immigration. They should be a ‘Registered Migration Agent’ and have a number that you can check/confirm with Home Affairs.

Is your husband's occupation on the skills shortage list? We were in the same situation but found it was actually much cheaper and quicker for me to get a visa based on my occupation rather than spousal. I applied at the same time as a colleague applied for a partner visa. Mine came in 6 weeks, hers took 10 months. Mine was also $4000 cheaper.

Thank you all. Unfortunately his profession is not on the skills shortage list, but excellent tip, thank you

Exact same situation here, we're about to move home to Aus in December.

We've had advice from a specialist to say that DH (British) should travel on a tourist visa then apply for the spouse visa when he's located in Australia. Otherwise, he'll have to stay in the UK until the visa is fully processed/granted, and the time frame is never guaranteed. He won't be able to work until it's finalised, but we feel it's better to be there to wait it out as my work is already sorted to begin in January. We've been married 13 years with two DC so don't anticipate any issues.

I’ve done this. You don’t need a lawyer unless there are complications, eg your DH is a criminal. The paperwork is very straightforward. However, it can take a while. If you do t want to wait then move over and apply onshore. Your DH can get a bridging visa that enables him to work.

I’ve just done this but in reverse (I’m Brit DH Aussie) you apply for 309/100 and they are granted together. Didn’t use any external people - a faff but easily doable and it was granted in 6 weeks - fully expected it to take over a year! Kids are also easy to sort as citizens and Australian by descent.

This is really good to know, thanks for posting!

Hello all,

I've just applied for mine and my children. My partner is Australian and two of my children have their citizenship, however me and my two girls have just applied. Everything now submitted, just wonder how long it has taken if anyone has theirs already? We're hoping for beginning of the year going off my sister in law partner visa processing time, however they are from Italy so processing won't be the same to judge here in the UK :)

Thank gosh for mumsnet! I am Australian living in the uk for over 10 years (dual citizenship) and my husband and I just decided we want to move to Brisbane in January but just getting our heads around the visa situation, may I piggy back on this post and ask which one we should apply for as we need to leave in January and can’t wait for ages for his visa (need to get back because of my parents health). If anyone has any tips I’d be most grateful, we’ve got a 2 yr old as well so need to sort their visa too x

Wow 6 weeks! The processing time online says 5months plus I think?

@Jen6jen6 we've just applied for our 306 partner visa, both the children's citizenships came through pretty quickly, I'd say within 2 months! However we are doing mine and my two other children's now, in the hope of getting out there for jan! We are judging this time frame from my sister in law partner who lives in Italy with her, his took 2 months once submitted to come back, however online states much longer so I've jumped on here too 🤣

Jumping on with you ladies as we are considering moving back. Would need a visa for my DP and DS but as PP’s have said we would go over with them on a tourist visa and apply over there.
My big worry at the moment is the cost of living - and also if we can’t sell our house we’ll need to rent it out and pay tax on that income etc which is massively stressing me out! Is anyone else in the same situation?

I’ll send you a dm x