phil1990

On 21/08/2018 at 22:45, Raul Senise said:

You are welcome.

Yes, I am a Registered Migration Agent.

Feel free to contact me if you require assistance.

Thanks for your help, will definitely get in touch. I see your offices are located in Sydney so will get in touch in September/October/November when I'm over there to discuss this further!

On 22/08/2018 at 04:12, MaggieMay24 said:

Too many posts to quote them all, but some additional input for what it's worth...

• Yes Raul is a registered migration agent and has a long history of posting valuable input to the forum so you'd be in good hands
• There may be several options (and Raul or any other migration agent is the best source of strategy advice) but WHV to 820/801 application may be the best option since it gives you time here on a visa with work rights to build up cohabiting evidence.  You can register your relationship in NSW to waive the 12-month requirement in case your pre-move evidence is weak
• I *think* the WHV only kicks in when you land so even if it is approved now and you don't travel until later, you still have 12 months of valid visa when you arrive.  You can only work for any employer for 6 months so that may limit some job prospects.  You can apply to have the 6-month stipulation waived but whether that's approved will depend on several things (having a permanent visa application lodged may help)
• Your partner will need to update her relationship status with Centrelink.  There's something (I think it's form 24 or something like that) she can request to declare that she's still in financial hardship and it may mean her benefits continue at the same level.  But if she doesn't update her relationship status, Immigration can and do cross-check other government departments.  She can't say she's single with Centrelink but in a relationship with Immigration.
• There's no income test for sponsoring partner visas.

Thanks for the help!

Yeah, I definitely need to look into the 6-month rule on the WHV, I did do a bit of my own research into that and the apply for a waiver, I think it looked quite difficult but hopefully if one of my partner's friends can get me the job that they suggested they would be able to and I make a good enough impression they know the ins-and-outs of my situation and would do their best to help. Also, if I'm upfront with some of the Retail companies that I talk to they would hopefully be willing to make the effort to keep hold of me by doing that favour as I'll be vastly over-qualified experience-wise for the sort of roles that I'll have to be applying for, and it would be a good investment for them to buy my loyalty in that way as when I have PR or at least more work rights than a WHV I'll be very valuable to them.

Yeah, regardless of how we do it, the first day I land I'll be getting my tax code or whatever it is and the moment I spend a day actually living with her and not just on holiday we will contact Centrelink and fill out the relevant forms, and sort out all the bank account stuff. It's definitely worth trying for the financial hardship form especially at first before I get work lined up and possibly if I go the route of 3months of regional work when I first get there to try then. Can't lose anything at least, the worst they can do is say no and lose her benefits anyway like she will be doing!

Yeah that's good news with regards to the income requirement for sponsoring a partner visa, was definitely a concern at first!

Ugh, struggling with this quoting system, ignore the first quote from the last post!

On 22/08/2018 at 04:12, MaggieMay24 said:

Too many posts to quote them all, but some additional input for what it's worth...

• Yes Raul is a registered migration agent and has a long history of posting valuable input to the forum so you'd be in good hands
• There may be several options (and Raul or any other migration agent is the best source of strategy advice) but WHV to 820/801 application may be the best option since it gives you time here on a visa with work rights to build up cohabiting evidence.  You can register your relationship in NSW to waive the 12-month requirement in case your pre-move evidence is weak
• I *think* the WHV only kicks in when you land so even if it is approved now and you don't travel until later, you still have 12 months of valid visa when you arrive.  You can only work for any employer for 6 months so that may limit some job prospects.  You can apply to have the 6-month stipulation waived but whether that's approved will depend on several things (having a permanent visa application lodged may help)
• Your partner will need to update her relationship status with Centrelink.  There's something (I think it's form 24 or something like that) she can request to declare that she's still in financial hardship and it may mean her benefits continue at the same level.  But if she doesn't update her relationship status, Immigration can and do cross-check other government departments.  She can't say she's single with Centrelink but in a relationship with Immigration.
• There's no income test for sponsoring partner visas.

1

On 22/08/2018 at 05:46, MacGyver said:

If I was in your shoes I would come on the WHV and do your 3 months regional work immediately on arrival. You're living a long distance relationship already anyway and hard as it may be, whats another 3 months long distance once you arrive? There may be job options that aren't as "manual" as you think nor as remote as you think that qualify for your regional work. For example I know someone that did their regional work 2 hours from Perth and spent the weekends in the city with friends. Of course NSW is different than WA and Perth isn't Sydney.

With your 3 months out the way you then have the remaining 8 ish months of your WHV plus your second full year to use. During that time you can move in, get a job, get joint accounts, register your relationship etc etc and have loads of time to get to know each other and gather the significant evidence required for a partner visa without worrying about having to leave the country or leave your partner unsupported.

The above would take the "hurry" out of the situation and allow you to chill out, enjoy the country, get closer to your partner and prepare the partner application at your leisure

EDIT TO ADD: I would also strongly suggest making early contact with a registered migration agent. I have personal experience of stupid oversight/mistakes costing thousands of dollars more than the fee for an agent. Early contact would set you on the right road for gathering the correct evidence from day 1 and later support in submitting the application would maximise your chances of success. I know opinions vary on this but for me its less about the complexities of the visa application and more about having someone 'check your work' to make sure you dont make utterly stupid and avoidable mistakes that lead to refusal (again speaking from personal experience)

Yeah, I'm actually really considering this as a plan, I'm gonna do some more research into it to ensure that it's possible to find some of the qualifying work at that time of year (between December and March depending upon my affairs in the UK).

Luckily I've found that the town in NSW she lives in doesn't count as "regional", however pretty much 20km in any direction from her house counts as "regional" so I might not even have to stay apart for those 3 months, and if I can last 3 months living with her and her 3 kids whilst also doing some really stressful work full-time at that time of year then I think we will last through anything! My only concern is getting a car whilst on a WHV.

Thanks for the help as it's definitely useful info! 

I'll definitely be speaking to a Migration agent when I get back in November, or possibly in person in Sydney whilst there in October, before I apply for the WHV and tie up my affairs for December to March time.

On 22/08/2018 at 10:12, Tulip1 said:

I don't think your receipts and photos will be relevant. They were simply obtained whilst you were on a two week holiday and not whilst you were in a defacto relationship.  

My understanding is that they would be evidence to use for first registering our relationship and then as we have registered our relationship there is no requirement on the length of time just that it's a genuine relationship. I mean it's not too much of an issue, just a thought, all the evidence beginning from registration / start of WHV would be sufficient I would expect as I'm one of those people that keeps hold of everything meaningful / sentimental and takes millions of messages etc, normally that's a pain as I end up hoarding a lot of stuff and having millions of photos and things saved in my phone but I guess it's a positive for the visa stuff!

On 22/08/2018 at 10:17, Tulip1 said:

How will the joint account show both incomes coming in when you've already stated she won't be able to get benefits and will have no income.  With your concerns over the finance, can she not get a part time job to fit around her studies? 

Yeah, she'll still qualify for certain benefits as an income at first, plus child support and once we're actually living together the plan is for her to work part-time.

It's just not possible currently as she's studying for her law degree full time whilst obviously running a household of 3 kids with no real in-person support, she can barely keep up with certain units of her studies let alone work, the only real "free-time" she gets is one weekend a fortnight!

Just now, Marisawright said:

Er...if you're living together for any of  those periods, it's illegal for her to claim benefits.   Also remember that even if you register the relationship, they'll still demand that you prove the relationship is genuine when you come to apply for the partner visa.

Yeah, we'd live together for the entire 12 months- whereas if I had to do regional work that wouldn't be possible, or if I had to return to the UK that wouldn't be possible. I'm not sure why you keep going on about the benefits, that's my main concern on how to support her without them. Don't need to be reminded again that it's illegal, well aware!

Yeah, that part should be fine, we've got hundreds of photos from the 2 weeks in July of us in various places, on day trips with her children and with her friends at social activities, loads of receipts for travelling, social events and hotels we stayed in together, loads of receipts for posting care-packages to eachother, birthday cards between eachother and to her children, logs of daily phone-calls, receipts for things I've bought for her household, logs of group chats together with her friends, logs of our messages showing emotional support to eachother, should have even more evidence in 5 weeks in October of real life stuff. I'm good friends with 3 of her close friends so they will happily provide statements, as will both of our mums. Will open a joint-account the day I land on the WHV as that seems the best route now and ensure that it clearly shows our two incomes going in, and rent, bills etc coming out, along with receipts of joint-purchases, presents for eachother, receipts for holidays/day trips and hopefully either the school or another relevant professional will be able to provide a statement showing the commitment to her children etc

I'm more concerned about the logistics than that stuff.

Update, someone on another forum mentioned "registering our relationship" with NSW (https://www.service.nsw.gov.au/transaction/apply-register-relationship-nsw) as a workaround to the 12-month de-facto period, meaning that it would be a lot less stressful coping financially on the WHV and still give us 12-months of evidence plus 5 weeks and 2 weeks previous to the WHV.

Very much reassured

10 minutes ago, Marisawright said:

Bottom line - while she's collecting Centrelink payments as a single person, she is legally saying "I am not in a relationship".   If it turns out she has been in a de facto relationship with you, she'll be prosecuted for fraud.   And Immigration do cross-check.

Why would she have no income when you come back to the UK?  If you're planning to support her when you move in together, why can't you support her while you're in the UK?

33 minutes ago, Beffers said:

Do the WHV and spend some more time together. Immigration would be unlikely to accept an application for PMV based on two weeks of face to face contact. When you come over on WHV, can you register your relationship with the NSW authorities? Also if you are going to want to be considered a defacto, then you will both need to accept the fact her Centrelink payments will probably change once that happens. You won't be able to have it both ways, in terms of becoming defacto AND keeping her welfare payments. 

Yeah, that definitely seems like the best option, we've no issues with her not having Centrelink when I'm over there it's just the concern that with suggestions that entail returning to the UK I would struggle to pay both her rent, bills etc whilst also covering my own bills etc and having to find work back here again in the meantime.

I've no issue with understanding that she won't be able to claim them, and there's no way that we would consider that an option, more that I'm concerned if there's a break for a 3 to 6 weeks from finding a job and waiting for first salary payment if I went down one of the routes involving returning to the UK.

Also, if it seems like we wouldn't have enough evidence within the 12 month period of the first year WHV to support a Partner visa I'm again concerned that menial labour to complete the 88 days of regional work to satisfy a WHV extension wouldn't pay enough.

I guess I need to read some more people's stories who've done WHV->Parter visa without prior accrued "de-facto" months, to reassure myself.

Just now, ali said:

If you move in and you are a couple then she must declare this to centrelink.  You will be living with her as her partner and presumably co parenting the children.

Yeah, hence the concern that if I were to "move in" and start the 12 month de-facto relationship when I go for 5 weeks in October that she would have to declare this to Centrelink and lose her payments, and when I come back to the UK to tie up my affairs before moving back on the WHV she would have no income. Its hard.

Just now, Marisawright said:

I think you're trying to make life far too complicated for yourself. 

It's only out of concern that without her Centrelink payment which would stop if we were in a de-facto relationship even if I were to return to the UK she would be unable to continue her degree or afford her rent bills etc with the kids.

It's very tricky.

Another query just to ensure I'm keeping my options open, someone else advised me on another forum the possibility of going from a Prospective Marriage visa (subclass 300) onto a Partner visa (820/801) via a bridging visa, and that this would negate the 12-month de-facto relationship requirement.

I can't seem to find any information on this as it would seem that the PMV only lasts for 9 months and you have to get married and lodge the partner visa before the 9 months ends which?

1 minute ago, Areyousure said:

I couldn’t either, but they should introduce it, if they dnt have it already. 

That would suck, it's already hard enough... What about when the applicant has sufficient funds/property to support themselves but their sponsor can't? Seems needlessly prohibitive.

27 minutes ago, Areyousure said:

Isn’t there any condition such as the partner having to be earning above a certain threshold to sponsor a partner to Australia ? 

Is this correct? I can't seem to find anything about a sponsor earning threshold on the Home Affairs website?

15 minutes ago, Quoll said:

Prospective marriage visa is an offshore visa so you’d need to leave to apply for it.

It certainly sounds like you’re putting all your eggs in one basket after, what is it, 4 months of long distance contact? Don’t get me wrong, I did much the same 45 years ago but it’s a path fraught with pitfalls. Why not rent out your home, do a WHV for a year - two if you bestir yourself to get your regional work in - then see how the land lies.  Having a long distance relationship is quite different from living together and a year should be enough for you to decide whether you want to take on someone you barely know along with her 3 kids. 

Good luck but belt and braces!!!

1

Hi, thanks for that info with regards to Marriage visa, definitely off the cards as the website seems to suggest an 18-23 month wait for approval!

Yeah, no I totally understand all of that and won't be committing to a decision with regards to my property until I've been for the 5 weeks in October. I know what you're saying and I do appreciate what you're trying to say, I know I'm only 28 and it does sound rash but I'm not normally one to make decisions like this so I think I'm doing the right thing, will know for sure on how to go about it in October. Again, I know it unfortunately doesn't count for immigration but we already support eachother emotionally etc and I support her and her family to some degree financially. I would really rather not do the regional work, not really one for manual labour but if that's what it takes to make it work I think I'm going to have to!

My main concern is just getting the 12 months in, and it being valid, if I only do one year of WHV I don't know if we'll have enough evidence of being in a de-facto relationship, and concerned that we will literally have to sort out joint accounts etc from Day 1 landing and apply right before I would have to leave at the end of my WHV to ensure I get a BVA and that the Partner visa (820/801) gets approved! - I just don't want to take the risk that this ends up being the best decision of my life but I don't get the paperwork in right / on time / evidence of our de-facto relationship starting etc and end up stuck back in the UK for a couple of years waiting for the temporary part of my Partner visa (820) to be approved!

I wasn't sure if it was an option to use my current eVisitor visa up until the day of commencement of my WHV - if I apply for the WHV to commence from for example the 31st of January 2019 and get it approved before then (outside of Australia), could I use my current eVisitor visa to travel there at the start of January 2019 on the eVisitor visa and just roll-over onto the WHV whilst already in Australia as long as I don't try to look for work until the day my WHV commences? - This would hopefully give me the buffer we need to ensure we are set up as best we can to have started our de-facto relationship?

12 minutes ago, can1983 said:

This is a massive commitment. Sounds like getting the WHV would be a good way to get to know each other better. surely you would want to know each other better first?

Of course it isn't the intention of the visa so it might be worth, in the official sense, going with a view to enjoying the country and happen to want to apply for a partner or marriage visa at the end of the 12 months.

Remember de facto means you are a married couple in all but the legal sense so staying at her place for 12 months isn't enough. We are talking joint bank accounts, joint lease / property ownership, friends and family regarding you as a committed couple etc.....

At this point, as someone who applied for a partner visa, I would say you are at 0 days towards the 12 months, sorry to be blunt

That's totally a fair point, I don't really want to go massively into the nature of our relationship but we talk on the phone / video every day, we did all sorts of things with her family and friends when I was there in July. I don't think there's a single day since April that we haven't video/phone called eachother for at least a couple of hours. I also now talk to her friends online most days as well. - I know that this counts for nothing as part of the 12 month requirement, hence my concerns.

With regards to de-facto, I will most likely be selling my property in the UK to go onto her lease with a view to a mortgage when I am applicable for such.

EDIT: That's why I'm concerned about ensuring we can have 12months uninterrupted together before applying for the Partner visa (820/801) to give us enough time to build the evidence required and be able to open joint accounts, have invitations to social events in both our names, have mail and various other things in both of our names etc - I am averse to extending the WHV to a second year, despite giving us more time to have evidence of us as being in a de-facto relationship, as I'm concerned that having to spend 3 months doing regional work would be prohibitive to the de-facto nature of our relationship, as I'm not sure how close "regional" areas are to where she lives in NSW.

I hope it's not too rude to ask further advice from anyone that's in the know?

If I was on a Working Holiday visa (417) can I apply for a Prospective Marriage visa (300) whilst still in Australia and would I still qualify for the Bridging visa A (BVA) to stay and work in Australia whilst the decision is made on the Prospective Marriage visa (300).

Further to that, if that is the case will I qualify for a Bridging Visa A (BVA) to stay and work in Australia whilst on the Prospective Marriage visa (300) whilst waiting for a decision to be made on a Partner visa (820/801)? I'm guessing I can do that whilst in Australia as applying for said Partner visa (820/801) is a requirement of the Prospective Marriage visa (300)?

7 minutes ago, Raul Senise said:

Yes, you can apply from a valid 417.

Fantastic Paul that's a great help, will update this thread when I've had another look at everything now I'm not in panic mode! Hopefully, I can formulate some better-structured questions that are less all over the place!

I'm assuming from your title and signature that this is your day job? Will send you a DM a bit further down the line to inquire into professional services you offer to help ensure that we are doing the right things evidence-wise etc to assist the partner sponsored visa application! Thanks for your help!

6 minutes ago, Raul Senise said:

Yes, depending on what visa you hold. Not all visas allow you to apply for another visa in Australia.

The bridging visa comes into effect once the visa you were on when you lodged expires. The bridging visa for a partner application has full work rights.

Thankyou for your help, I'm a little calmer now and will try and do some further research into whether you can apply for partner sponsored visa whilst already in Australia on a Working Holiday (417) visa!

Hopefully there's other people on this forum that have had a similar experience, and may have followed the same process?

1 minute ago, Raul Senise said:

The temporary portion of the partner visa (subclass 820) is currently taking up to 30 months to process.

You will be granted a bridging visa if a valid application is lodged while in Australia.

You appear quite confused about the process and pathway. I would recommend that you obtain at least initial professional advice, as based on what you have written, there are a number of ways that you can handle the situation.

Hi Paul,

Thanks! I'm definitely going to be contacting an immigration lawyer or the relevant professional this week but want to try and get a better understanding of options first so I don't go in there and waste most of the time vomiting all this at them again!

What I understand from what you've explained is that as long as I have some form of valid visa to be in Australia and apply for the partner visa then I will be eligible for the bridging visa which will last the duration until a decision is made upon the temporary portion of my partner visa?

Does a bridging visa allow me to work in Australia without conditions?

Hi All,

I'm not sure if this is the right place to ask but I'm getting a bit worried after researching online and I don't know if anyone can help with suggestions etc until I can make an appointment with a specialist immigration lawyer.

The backstory is that myself (28), and my girlfriend (29), met online. I live in the UK, she lives in NSW.
We've been talking since April 2018 online and in July 2018 I went over there to meet her for the first time in person for 2 weeks. I will next be visiting for 5 weeks through October 2018.

I work in Retail Management but don't have any qualifications or work in a profession that is considered to be on the skilled occupations/skilled shortages list. She is currently doing her law degree and is a "single mum" with 3 kids who relies on her Centrelink (welfare) payments to survive.

I'm concerned that despite being of a good financial status my lack of qualifications or experience in any of the skilled occupations will preclude me from getting a work visa.

I've been looking into partner sponsored visas and a prospective marriage visa as it seems like the only other option.

I'm concerned however that to meet the criteria for the partner sponsored visa that we will have had to live in a de-facto relationship for 12 months. If I can't get a work visa, how can I stay there for 12 months to be in a de-facto relationship with her, as I understand that even if I travel fairly often to see her that is not classed as a de-facto relationship. Also, if we are in a de-facto relationship (as required for the visa) even if I live overseas this will mean that her Centrelink (welfare) payments are stopped which is not an option.

To me it seems the only option is to get a working holiday (417) visa to get me onshore to accrue the 12months of living together to qualify for being in a de-facto relationship to be eligible for the partner sponsored visa.

My only concern is how long it will take for the temporary portion of the partner sponsored visa to be approved- if my working holiday visa runs out before the temporary portion of the partner sponsored visa is approved I will then have to return to the UK, how long will this be for? 
How long does approval of the temporary portion of the visa take to be approved? 
What would happen if we've been in a de-facto relationship for 12 months but when I have to return to the UK, will we no longer be in a de-facto relationship? 
Will this mean that this visa is refused? 
Is it possible to get a bridging visa from the working holiday visa to the partner sponsored visa to allow me to stay and work in Australia?

I've done a fair bit of research but I'm still quite confused. The only other option I can see is to try and ensure I stay onshore throughout the process to make sure that she is able to survive and I can provide an income to the household would be:

Working Holiday visa to start our de-facto relationship
*THEN*
somehow do 3months of regional work to qualify for a second year of Working Holiday visa to remain on-shore and maintain our de-facto relationship
*THEN*
as soon as this second year is approved I apply for the partner sponsored visa and hope that this is accepted temporarily within the 12 further months I can stay

OR

Working Holiday visa to start our de-facto relationship
*THEN*
apply for a prospective marriage visa to get a 9 month buffer where I can stay in aus and maintain our de-facto relationship
*THEN*
apply for the partner sponsored visa

My concerns still rest on how quickily the temporary portion of these visas take to be approved and whether they will be approved whilst I'm still on-shore? (the same question for prospective marriage visa)? Also, if it means I have to return to the UK for a certain period of time can I still count this as part of our de-facto relationship? 

Sorry for the massive essay I've written but I'm getting a bit panicked that this is going to be impossible and I'd be heartbroken if we can't make this work.