Partner Visa 12 month period

[Vikki81]

Hello all

 

I have a question regarding de - facto relationships and the living together rule. I'm in Australia and my boyfriend is in England. I met him last January and we have been in contact ever since. We regularly skype and call each other. But we have never lived together. I want to sponsor him for a partner visa. I've researched that to be classified as a de-facto partner you need to have lived together. Is there a way around this other then registering the relationship or him coming here on a tourist visa?

Thank you

[Ozmaniac]

If you've never lived together, you won't meet the One-year relationship requirement. It isn't necessary to have actually lived together for the whole 12 month period (even if the relationship hasn't been registered) but you would need to at least start off by living together and then maintain a marriage-like de facto relationship during your periods apart but simply skypeing and calling doesn't fit the bill. Married and de facto couples not only live together but they have all manner of shared financial and other commitments and must be seen in society as a genuine couple - I can't see how you could possibly say that you're a de facto couple on the basis of what you've written. Can he come to Australia on a WHV? Or can you go to the UK on a YMS visa? Or can you both go to NZ?

[Quinkla]

If you are an opposite sex couple, there is a visa that is tailor made for your situation - the s300 Prospective Marriage Visa. When granted, he will be able to move to Australia and work; you have to get married within nine months of the grant of the visa and then apply for an 820/801 partner visa.

[engaus]

Are either of you not able to get a WHV to enable you to live with each other to build the evidence? This is what my partner and I did. I quite work, moved to London for a few years to build up evidence and then he followed me back to Australia on a WHV and applied onshore. Of course if you are over the age limit or have already used these it's not a possibility.

 

So you could have him come over on a tourist visa for 6 months, register your relationship (if your able to, not sure which state you are in) and then apply onshore for the partner visa. Of course he is unable to work on that visa but he would get a BVA which would come into effect when his tourist visa expired - this would enable him to work without any restrictions.

 

Otherwise, apply for the PMV - which as Quinkla says - is designed for people in your situation. You are unable to live together but you want to be together.

 

Note that in London there is a 10-14 month waiting period for people wanting partners visas as far as I am aware. 12-18 months for onshore partner visas.