Visa needed to get to Oz, then applying for 820 partner visa

Hi all. My first time in here. I have a question, and would appreciate some info.

I am from (and living in) UK my partner of 5 yrs is in Oz and we have conducted our relationship long distance in that time with obvious multiple trips back and forth in this time (I have just returned from my 10th visit and am due to go back in Nov for 6 weeks)

We're looking to apply for an 820 visa so the plan is for me to sell up and go over to oz where we'll then apply. My question is, can I go to oz on the normal holday eta visa, then apply for 820 when I get there (this is what the migration agent we saw said we could do) OR do we apply for the 40SP visa first for him to be my sponsor to intitally get me there, then we apply for the 820??

I only ask as have seen a thread on here saying if I go via the holiday visa and then lodge 820 whilst still on the hol visa, there's a risk I could get the holiday visa revoked and then could be barred frm travelling to Oz again, and we defo don't want that, so need to know which is the right visa to get to get me there.

Thanks Sam [emoji2]

Oh, and I'm a Digital Business Analyst if anyone knows if thats classed as a skilled occ, specific job title is not on the SOL and I don't think my role fits under the ICT analyst

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I assume your agent also reviewed your situation and were confident you'd meet the criteria for a de facto relationship? De facto generally means living together for at least 12 months but it can be possible to get through without it but it's more challenging.

If the border agents don't feel you are a genuine temporary entrant, then they could decide to refuse you entry. Your partner can't sponsor you from outside Australia and then apply for the 820 when you arrive, it doesn't work that way. You apply either outside (309/100 visa) or inside (820/801) visa and the sponsor submits their sponsorship at the same time.

Have you thought about a Prospective Marriage Visa? You can apply off shore then you have 9 months to get married then you should be able to apply for a spouse visa.

Alternatively, if you can't get to Aus to rack up your 12 months together could your partner come to be with you in UK so you can satisfy the 12 months together criteria then apply for an off shore spouse visa.

Agree with the others. There is a 12 month de facto and it doesn't sound to me from what you've written that you are actually de facto, more just long distance dating (even if committed to each other).

Which state are you going to be living in in Aus? There are a couple of states that you can register your relationship thereby waiving the 12 month de facto timeframe but you'll still be expected to provide all the other evidence. Do you have this? Will you have this if you lodge on shore? As in wills naming each other, life insurance naming each other, sharing other bills, savings, social life, evidence to support showing you as a couple (ie bank accounts with transfers between each of you to the other). All these things and more will be looked for. Ensure you've gone over the check list and what is expected to ensure you can lodge a solid application.

AFAIK there is nothing to stop you heading to Aus on a tourist visa and applying for a partner visa on shore, provided the tourist visa doesn't have No Further Stay attached to it. You would go on to a bridging visa with full work rights once the partner visa is lodged (and other visa expires etc). However, unless you have a solid partner visa application, I'd be very careful applying for it as its a lot of money to spend and have refused.

You could also consider the PMV but this is an off shore visa iirc. However, there is nothing to stop you heading to Australia once it is lodged and to spend time on a tourist visa there.

Thank you for your advice everyone. Its really good to know.

Yes, the 12 month living together is the major stumbling block at the moment, it's hard especially when I have mortgage and full-time job in UK, so we're contemplating the risks involved as marrying just to get a visa doesn't sit right with me.

I've been collating records / evidence of our relationship for the past few years. We'll be opening joint account when i go back in November, but we have transferred money to each other in the past, which I have record of.

My partner lives in WA, and I mentioned to him about registering our relationship there. Do they do that in WA?

Keep the info coming guys, its much appreciated as its such a complicated process ?

I am honestly doubtful you will qualify for a partner visa based on what you've said. I strongly suggest you consult a reputable migration agent to discuss.

I don't think WA is a state you can register your relationship in but may be wrong. Will look it up.

Are you still under the age limit for a WHV by any chance?

Im 41. My current job role of Digital Business Analyst isnt on the SOL. Only other option is for me to leave job, house and UK to live with him for 12 months then submit application but would have to sell up to fund it, which obviously would I'd be doing eventually but if visa is declined even after the 12 months living together......

A 12 month stay tourist visa isn't intended to clock up de facto time.

I'd honesrly consult a decent agent and discuss as the 12 months cohabiting may be able to have a work round but for the rest right now you just sound like a couple dating long distance, not a de facto couple. Having a proper paper trail to support your claim to de facto is needed. Transferring money from time to time isnt much. Transferring on a regular basis into say a joint savings account is good. Being named in wills and life insurance, those sorts of things that show a high level of commitment even if living apart from each other. You need to be able to support an application with solid evidence and an agent could help you shape that, even if you don't live together.

Thanks, can anyone recommend a decent agent that we can discuss this with?

Thanks, can anyone recommend a decent agent that we can discuss this with?

I'd check out some of the main ones who post on the forum as a starting point.

Thank you ?

An agent may still say you don't have a case for de facto. But at least you will know where you stand and what your options are or what you need to do.

I know the PMV isn't ideal but if you really do want to be together and plan to marry anyway it could be an option to explore. If you are committed, want to share a life together.... If you've not discussed marriage at all, don't want to consider it or think its something that won't happen, then fair enough, but if its come up, if you get married a year or two earlier than you might otherwise, would it be terrible?