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Partner immigration to Australia

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Seva View Drop Down
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Joined: 08/March/2019
Location: Russia
Posts: 7
  Quote Seva Quote  Post ReplyReply Direct Link To This Post Topic: Partner immigration to Australia
    Posted: 08/March/2019 at 13:24
Hello there and good day to you. I am an Australian citizen, living overseas since 2009. I plan to move back to Australia and bring my de-facto partner with me (we have know each other for 4 years and been living together for 13 months). There are a few questions about how to do that, that I cannot find an answer anywhere, so here they are.

1) Is it generally quicker or easier to bring in your partner via 309 Partnership visa, or via 300 Prospective Marriage visa?

2) Do I have to be an Australian resident (be physically in Australia), for my partner to apply for an either visa type?

3)If It is easier to apply for a 309 Partnership visa, is it better to be legally married or stay as de-facto?

4) Who can be a sponsor for my partner? Does it have to be me (since I am her husband/de-facto partner), or can it be another Australian citizen of good character (ie. my father)? This is very important, as there is an outstanding warrant for me, for assault charges from 2008 (thats the reason i went overseas in 2009).

citizen-joe View Drop Down
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Joined: 09/October/2005
Location: Australia
Posts: 724
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 08/March/2019 at 16:58
If you have been living together for 13 months and aim eventually to marry, your chance of gaining a visa for your partner will be enhanced if you are already married.

Remember health and security checks are carried out and your partner will need to pass these before any visa is granted.

Seva View Drop Down
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Joined: 08/March/2019
Location: Russia
Posts: 7
  Quote Seva Quote  Post ReplyReply Direct Link To This Post Posted: 09/March/2019 at 00:44
What about my assault charges? I know that there is legislation, that seeks to prevent people with a history of domestic violence from being sponsors for the 309 visa. Would that be my case? It sounds ridiculous, but bureaucracy is nothing if not ridiculous.

jaazzz View Drop Down
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Joined: 19/September/2009
Location: Australia
Posts: 6500
  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 09/March/2019 at 09:49
Originally posted by Seva

there is an outstanding warrant for me, for assault charges from 2008 (thats the reason i went overseas in 2009).


Regardless of you becoming a sponsor or not, your outstanding warrant remains....when you return to Australia & come to the attention of authorities, you may well be arrested on the spot..

Given the assault charges relate to domestic violence, I would be surprised that you would be considered as a suitable sponsor.

You need to address the historic assault charges to move forward IMO

Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks

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