Which Is Better, Spouse or Fiancé Visa Australia?

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Which Is Better, Spouse or Fiancé Visa Australia?


 

For over 19 years I’ve been asked this question many times and I always answer with the following suggestion.

“Let me first discuss with you, a) your relationship in great detail, b) look at the Pros and Cons of each partner visa pathway based on the accurate information you have both provided me and c) then crunch the numbers and time-lines really hard. By the end of our conversation, you will answer the question yourselves”.

You see, my purpose is to provide you with the right tools and latest information you need to make the best decision for your current relationship situation. It will help you decide which partner visa pathway you want to take after understanding, a) what these pathways actually mean, b) cost (both financially and emotionally) and c) most importantly, which pathway is more beneficial to your developing relationship and budget.

Allow me to simplify the answer by explaining it in this fashion.

Prospective Marriage or Fiancé Class TO subclass 300

This Visa will take three (3) distinct stages before a permanent visa can be applied for and will cost you an additional $ 1,170.00 dollars just for the Visa Application Charge (VAC) of the Primary Applicant. Also, it will more than likely take much longer for the Filipino or Filipina partner visa applicant to acquire permanent residency than a spouse visa application. If there are Filipino children involved, it will likewise add more VAC.

However, under certain circumstances e.g. religious reasons, a Fiancé visa application may be a more appropriate option than a spouse visa application. Again, this is all discussed in great detail during our conversation before we decide to commence the visa application itself.

Processing times vary in an application for a Fiancé visa from the Philippines and the department assesses applications on a case-by-case basis meaning actual processing times vary due to individual circumstances including:

  • whether you have lodged a complete application, including all necessary supporting documents
  • how promptly you respond to any requests for additional information
  • how long it takes to perform required checks on the supporting information provided
  • how long it takes to receive additional information from external agencies, particularly in relation to health, character, and national security requirements

Furthermore for a Prospective Marriage Class TO subclass 300 to be decided it may take 12 to 14 months from the time it is lodged at the Manila post in the Philippines, electronically that is to the day it is granted.

Note: All partner visa application now have to be lodged on-line from the Philippines or in Australia.

Note:  You need to be very careful when lodging a Fiancé visa at the Manila Post then deciding to get married before your fiancé visa is granted. If you do decide you can’t wait for the fiancé visa to be granted and do get married, you must inform the department of this activity before the fiancé visa is granted. This is because there is a provision for your Fiancé visa application to be considered under Spouse Class UF subclass 309 visa without the need for you to lodge a new application and a fresh VAC on top of that.

Spouse Class UF subclass 309 Visa

This Visa will take only 2 stages before a permanent visa may be applied for and costs less than a fiancé visa application. However, you must decide to get married first before we lodge and this will require a lot of explanation in regards to the consequences of not getting married properly in the Philippines as well.

Although 75 percent of Subclass 309 Visas are processed within 11-15 months, 90 percent of applications processed in the second stage (once the Filipino or Filipina applicant is already in Australia i.e. Class BC subclass 100 - Permanent visa) may take between 20-28 months as of the 18th January 2018 (for month ending 31 December 2017).

Alternatively, there could be a great prospect of successfully lodging a two (2) stage Spouse Visa Application in Australia under Class UK subclass 820 with all the benefits of lodging such a partner visa while the Filipino or Filipina entered Australia on an appropriate visa for their intended purpose and length of stay by obtaining an appropriate temporary visa before you depart. We’ll explain how to waiver a "no further stay" condition on your temporary visa, so that it may be possible to apply for a further partner visa from within Australia.

Currently the estimated processing times for Spouse Class UK subclass 820 application vary, with 75 percent of applications decided between 20-25 months. Class BS subclass 801- Permanent visas have 90 percent of applications processed within 15-21 months.

In all partner visa applications the Australian Sponsor are obligated to accept responsibility for:

  • money that your prospective spouse owes to the Australian government, if applicable
  • your prospective spouse obligations to their employment in Australia
  • your prospective spouse compliance with the conditions of their visa.

As always, the secret to any smooth and seamless partner visa application, is to get your particular relationship assessed carefully, understand the Pros and Cons of any valid partner visa pathway available to you and rigorously analyse the application process for both cost and time taken to achieve permanent residence with the least amount of emotional pain along the way.

I suggest that must be your priority before lodging the partner visa application itself and I invite you to experience our remarkable migration service that we have offered to our Filipino and Australia applicants for 19 years now.

Start Your Free Assessment

Register now and provide me with some initial information about your developing relationship. I will contact you personally to cover all the bases needed to commence your particular partner visa application for the best possible prospects of successes in the most cost effective manner and in the least amount of time.

Thank you and MABUHAY!

February 05, 2018