Emma84 Posted January 8, 2013 Share Posted January 8, 2013 Hi, I need help. I met my partner back in 2011 while on a holiday visa. I came home to the UK and then flew back 2 months later in the december on a holiday working visa. i stayed with family so i could get to know my boyfriend and we just grew closer everyday. we never lived togehter as he worked away and i worked in brisbane yet we spent every weekend together, either going away or spending with family. i had to fly home in June due to family reasons. All was fine by August so I flew back out to complete my 3 months farm work which my partner found for me after a lot of stress due to not much farm work due to bad weather and lack of rain (no rain no fruit/veg) LUckily he found a bean farm, I worked 7 weeks but sadly there was no pay and we ended up weeding 8hrs a day!!!! Even thou my partner was such a support, I could feel myself getting down so I decided to fly home. The farm work got to much. I'm gutted as I know I was half way through but it was a mind killer and not fun!!! Nothing has changed between me and my partner and we want to be together. We plan to apply for the subclass 820, I've researched so much information. I want to come out on a tourist visa and then apply but after researching I'm getting confused and worried to which way we should apply. We've been apart now for nearly 3months and all we want is to be together. Can anyone help and give me some advise ??? Pretty please . I plan to fly out in feb and then submit our visa. Is this the best way?? Link to comment Share on other sites More sharing options...
Spherian Posted January 8, 2013 Share Posted January 8, 2013 Hi, Sorry if this sounds a little harsh but I am only being honest, You are not or have not been in a defacto relationship with your boyfriend, you have been dating. 1) You do not qualify for a 820 visa and I would be certain your application would be refused at this point in time. 2) You would need a full year on a tourist visa and these dont come easy, and that may come with a no further stay, which would mean you would have to return to the uk. 3) You will need to live together, share bills, expenses and leases + and be in a genuine relationship, continue this for at least a year. If you are on a tourist visa you would not be able to work so could this be possible? Options 1) He come to the UK for on a WHV and you be defacto for a year 2) You apply for an intent to marry visa, that way when you get to australia you have a period of time to arrange and get married (9 months i think) Link to comment Share on other sites More sharing options...
Emma84 Posted January 8, 2013 Author Share Posted January 8, 2013 Even thou we have been in a relationship for year? I just find it so unfair that to be acceptable for a visa you have to rush into living and paying bills etc with a partner instead of getting to know each other and dating then wanting to take the next step and live together. His work is there, there isn't much here in UK for him. I know what your saying but we don't want to marry just because of the visa. It will happen when we're ready not when a visa tells us! We're looking at places for when I arrive so we can start our next step but I'm afford like you say they won't accept it. Yet I've seen lots of other forums where people have parted and then come back and applied for the 820. Why is this so hard, it's hard enough being apart! Link to comment Share on other sites More sharing options...
Emma84 Posted January 8, 2013 Author Share Posted January 8, 2013 Sorry I know you used the word dating but we have been in a relationship since December we just never rushed into living together. We have evidence, family weddings we've been to, we were never apart, we never thought we would need to rush everything because of theses visa. Do you have any other advise? Thank you for your honesty thou. It all helps Link to comment Share on other sites More sharing options...
lebourvellec Posted January 8, 2013 Share Posted January 8, 2013 There is a one year relationship requirement for Defacto couples and you are expected to be living together for a full 12 month period. http://www.immi.gov.au/allforms/booklets/1127.pdf [h=2]What is the relationship requirement?[/h] Applicants seeking to demonstrate a de facto relationship with their partner must provide evidence that for the period covering at least the twelve months before the visa application is lodged: they had a mutual commitment to a shared life to the exclusion of all others the relationship between them is genuine and continuing they live together, or do not live separately and apart, on a permanent basis. [h=2]Living together[/h] Living together is regarded as a common element in most on-going relationships. Partners who are currently not living together may be required to demonstrate a high level of proof that they are not living separately and apart on a permanent basis. [h=2]What evidence is considered?[/h] It is important that a couple claiming a de facto relationship are able to provide evidence that: they have a mutual commitment to a shared life to the exclusion of all others the relationship between them is genuine and continuing they have been living together or have not been living separately and apart on a permanent basis. Some of the factors to be considered in deciding whether the partners satisfy the requirement include: knowledge of each other's personal circumstances financial aspects of the relationship, joint financial commitments such as real estate or other assets and sharing day-to-day household expenses the nature of the household, including living arrangements and joint care and responsibility for any children of the relationship the social aspects of the relationship, provided in statements (statutory declarations) by friends and acquaintances the nature of the commitment, including duration of the relationship, how long the couple has been living together and whether they see the relationship as a long-term one. http://www.immi.gov.au/media/fact-sheets/35relationship.htm From what you have posted you wont meet the relationship requirement, the only partner visa that you would qualify for would be the Prospective Marriage Visa, you will have 9 months once you enter Australia to marry and apply for the Partner visa, the PMV can only be applied for offshore. The only other option (apart from the ones listed by Spherian) would be a student visa, which would be very expensive. Link to comment Share on other sites More sharing options...
lebourvellec Posted January 8, 2013 Share Posted January 8, 2013 Sorry I know you used the word dating but we have been in a relationship since December we just never rushed into living together. We have evidence, family weddings we've been to, we were never apart, we never thought we would need to rush everything because of theses visa. Do you have any other advise? Thank you for your honesty thou. It all helps The partner visa is one of the hardest ones there is - it requires a high amount of evidence, even for those who have been married and have children. Reag booklet 1 - pg 39-41 gives you information regarding what evidence which is required so the relationship is genuine. Link to comment Share on other sites More sharing options...
Spherian Posted January 9, 2013 Share Posted January 9, 2013 Sorry Emma, I know you don't want to hear it but you are very far off from a defacto relationship, Quote " living and paying bills etc with a partner instead of getting to know each other and dating then wanting to take the next step and live together " when you are at this state then maybe it's time you are defacto, but getting to know each other is dating... according to immigration. Do you have any savings? what about studying? its expensive like 6k for a year but it would give you time to get to know your boyfriend? Link to comment Share on other sites More sharing options...
SydneyMiles Posted January 9, 2013 Share Posted January 9, 2013 Hi Emma, You definitely don't meet the requirements for a defacto visa. Your other options are to marry or to register the relationship. Registering simply involves going to the immigration office with valid ID and certifying that you are in a relationship. Then you wait for a 28 day cooling off period. This completely waives the 12 month living together requirement. You still have to prove a genuine, ongoing relationship and you'll have to be able to support yourself (or have your partner do so) as you go through the lengthy process. I came on a tourist visa, registered the relationship and applied after about 7 months living together. Link to comment Share on other sites More sharing options...
Spherian Posted January 9, 2013 Share Posted January 9, 2013 Good Idea SydneyMiles, howver you cannot register a relationship in all states so Emma, you will have to check first... Link to comment Share on other sites More sharing options...
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