Visa dilemma

[Weas&Weav]

Hi, I am 28yrs old, a qualified secondary teacher and currently meet 115 points on the DIAC test (including points for IELTS test). My partner is 27, holds a degree in accountancy and business studies and currently works as an office manager.

Unfortunately, although together for 6 years we do not qualify for defacto status - both living with parents so we can save up for oz! If only we did and then we could get the extra 5 points for my partner and meet the 175 visa.

We want to get out to OZ asap so waiting another 12 months so we can meet the co-habitation criteria is not really what we want to do. My query is what is the best visa option for us both?

My skills mean I can get a 176 with sponsorship from Victoria. My partner could accompany me on a working holiday visa and during the 12 months we could gather evidence for the defacto visa - but here is were i get confused...

At the end of the 12 months working holiday what visa does my partner then apply for? Will my partner have to return to the UK whist the new visa is processed or can she stay in oz? Is this < the best option available to us or is there another we haven't considered?

Sorry for all the q's and thank you in advance for your help

Andy

[Gollywobbler]

Hello Andy

Welcome to Poms in Oz.

In your shoes, I would proceed as follows:

Apply for the 176 visa. Include your Partner in the application. Don't try to go for a 175 visa relying on her skills when there is doubt about whether DIAC will accept the relationship. Use the 176 visa instead because you qualify for that whatever happens.

If you get a CO who refuses to accept that your relationship is genuine, mutually exclusive of others, committed, on-going etc, no probs. The worst that would happen is that this curmudgeon of a CO insists that your Partner is withdrawn from the 176 application.

In that event, she accompanies you to Oz anyway on a WHV. A year later, she applies for a Partner visa. There are Ways & Means of ensuring that the Partner application is made onshore. Your Partner switches to a Bridging Visa whilst the application is processed.

If DIAC then try to quibble about the length of the relationship, you point to their own obduracy about the 176 application. That would silence any further quibbling about the relationship.

You will weaken your own negotiating position unless you include your Partner in the 176 application, I reckon. It would not cost anything to include her in that and the WHV then a Partner visa is the fall back position if need be, but you establish this relationship in DIAC's mind all the same.

Best wishes

Gill

[Weas&Weav]

Gill, thank-you so much for your reply - you have been extremely helpful.

We had never even contemplated trying for the secondary app on the 176, we had assumed that if the defacto failed then the whole application would. Looks like we have nothing to lose by both going for the 176 - and if that fails plan b!

Many thanks once again

Andy

[heieup]

I'm sure there are things you could do to strengthen your case as well as a couple e.g. shared banking arrangements and perhaps joint wills ? (your union might give you these for free, mine did).

Also if you are spending a lot of time together despite living separately, then statements from friends and relatives as to how long they've known you as a couple etc might be handy ?