Hello. I have several queries that I'm hoping some of you can answer. I've listed my specific questions at the end of a brief summary of my situation. Any advice would be gratefully received.
I am a UK citizen and my partner is a UK/New Zealand citizen/Aus PR. We have been together since Jan 2011 with visits back and forth as time allows. Two weeks ago I returned to the UK after spending five months living with him in Melbourne and exploring Victoria on an EVA extended due to visiting to his folks in New Zealand. I would like to return to spend more time with him and travel more together so we can either decide to marry or meet the 12 month living together requirement to apply for de facto.
He is tied to Aus because of his school age kids. I have had my whv and my profession is not on the skills list so am thinking a partner visa is the way to go. He has a decent job in Oz and I have the funds needed to self support. I do not want to apply for a PPV.
I am thinking of applying for a six month visitor visa and, if granted, returning to Australia July 2013, returning to the UK for Xmas and if things work out returning to Australia in January 2014 for another six months on the same in visa. In this second six month period we would submit an onshore partner visa application and once my 6 months is up go onto a BVA to await processing time (with a possible trip to UK on BVB if necessary as I understand waiting times can be over a year).
My questions are:
MULTIPLE ENTRY
Will I be able to re enter Australia in January 2014 for a second six months - I know technically if I have a multi entry visa I can, but will it cause problems at immigration? I also expect to make a couple of trips to NZ to see my elderly in laws - one possibly towards the end of the second six months for a landmark birthday. Could I go leave Oz May 2014 and still return before the visa's 12 month validity expires? I have looked at the 12 month visa but I don't want to risk the NFS.
WORKING RIGHTS ON BVA
I always understood that if you went on a BVA the terms of your previous visa continued (in my case visitor visa no working rights) but you could have the no work clause lifted if you could prove financial hardship. I recently read that this has changed and you automatically get working rights on a BVA. Can anyone clarify this?
DE FACTO OR NOT?
If we do decide to go the de facto route, will the five months we have just lived together count towards the 12 months living requirement given that:
a) We are now spending two months apart (I have come home to apply for a longer visa, see my uncle who has had a stroke and attend a wedding and my partner has to go back to NZ end of June to help his 89 year old dad through an operation).
b) I have officlal letters delivered to his address, mobile phone contract registered there, loads of photos and shared plane tickets to NZ to see his parents, to Coffs to see his sisters and other trips we have taken together. However, we do not have a shared bank account (I just drew money from his bank to avoid charges to cover his half of the flight over) and I have no bills/rent in my name (how could I being on a tourist visa?).
Any help or advice would be much appreciated.