tracybayliss Posted January 8, 2014 Share Posted January 8, 2014 We have a permanent residency visa but this runs out in may 2014, so we are running out of time we have put our lives on hold due to my daughters commitment to stage school here in the uk but sadly due to injury it looks like she can not continue and we had planned if she settled into her life in London we would go off to Brisbane and leave her. she has never wanted to move to oz due to family friends and her boyfriend, now it looks like she can not continue her in the uk we want her to come with us to OZ but there is the issue of the Boyfriend. They have known each other since babies in fact his mum is her godmother they have gone to school together and now been in a relationship for nearly two years, my son has already gone over to Sydney and has suggest a defacto visa for him, which I sort of understand, however this is costly but can anyone tell me is this likely to be granted we wouldn't leave the Uk until May although we have got PR so can he appliy on this basis, additionally I've looked at getting him through on a working holiday visa and can anyone advise me then how we can sort it after a year because he will live with us anyway. My daughter won't come without him and we won't go without her. Massive problem. Your advice would be truely appreciated. Tracy x Link to comment Share on other sites More sharing options...
Cez Posted January 8, 2014 Share Posted January 8, 2014 Quickest and easiest would be for him to come with you on a working holiday visa - usually granted in a matter of hours - then when in australia to collect lots of evidence of their life together. Do they live together now? At the end of the working holiday visa they can apply for a defacto visa, and he will go onto a bridging visa a with full work rights until it is processed. Two years after lodging he would be a permanent resident once the final lot of paperwork is done. He could then apply for citizenship once he has met the requirements. Phew! Link to comment Share on other sites More sharing options...
Cez Posted January 8, 2014 Share Posted January 8, 2014 If the boyfriend could move in with her at least one month before she leaves for australia then this would ensure they meet the relationship requirements - I don't know if you can register relationships in Queensland like you can in NSW and it would be preferable for them to be able to prove 12 months of living together. If I were him I would move in with her and get some evidence of this for at least one month before she emigrates. Link to comment Share on other sites More sharing options...
tracybayliss Posted January 8, 2014 Author Share Posted January 8, 2014 Hi so if he gets a working holiday visa which I sort of understand, they will live with us at first just to get settled my daughters only 18 and he's 20 so I don't want any marriages commitments if you know what I mean, they will travel around together, he's been staying at our house most nights for the last 6 months as he lives with his grandparents. can he apply for a decaf to visa while in Australia, or does he have to come back to the UK cus my daughter will freak out if so. Link to comment Share on other sites More sharing options...
lebourvellec Posted January 8, 2014 Share Posted January 8, 2014 Only option to have visa by May will be WHV. Partner visas take 9 months offshore currently. Unless they are living together for the last 12 months and can show evidence of their relationship ie joint bank accounts, bills, etc they would not be successful on getting a partner defector visa. The other option would be prospective marriage visa, but this also needs to be applied offshore with same time frame and that must marry within 9 months. Best option would be the one suggested above - him to go on WHV and apply onshore for partner visa - but they must make sure they have 12 months of evidence as a couple. Link to comment Share on other sites More sharing options...
lebourvellec Posted January 8, 2014 Share Posted January 8, 2014 http://www.immi.gov.au/allforms/booklets/1127.pdf If they are planning to travel round - doing 3 months of regional work will give a 2nd WHV therefore giving them more time to collect the evidence that they will need. I wouldn't rely solely registering their relationship - last week there was an artical regarding a couple that had their visa refused that had relationship registered with QLD. Link to comment Share on other sites More sharing options...
blossom Posted January 8, 2014 Share Posted January 8, 2014 I would get him to change bank account, bills etc to your address now. Officially move in, and then we he comes over on the whv he can apply for the partner visa once they have 12 months proof of living together. Link to comment Share on other sites More sharing options...
tracybayliss Posted January 8, 2014 Author Share Posted January 8, 2014 Ok, so that's what we thought we already know we will bee going before him as his engineering course don't finish till June and for my daughter she has a PR visa so we don't want her to stay as this is the best visa for her. they will be together so if they continue to live with us for the whole 12 months how can they prove a relationship other than opening a bank account or maybe shared car insurance any other suggestions, we honestly don't want my daughter leaving with him after 12 months she means the world to us and that's why we have stayed up until nearly the expiry on the visa so we are just trying to make sure this is possible, and of course he may not like it. Link to comment Share on other sites More sharing options...
tracybayliss Posted January 8, 2014 Author Share Posted January 8, 2014 I'm going to sound a little bit thick here but what do you mean bout registering the relationship. Link to comment Share on other sites More sharing options...
Ozmaniac Posted January 8, 2014 Share Posted January 8, 2014 If they register their relationship in a state that has a relationship register, it exempts them from the 12 months cohabitation normally required for a Partner visa for de facto partner. Queensland, NSW the ACT, Victoria and Tasmania have relationship registers. http://www.immi.gov.au/media/fact-sheets/35relationship.htm The 12 month relationship requirement. See under Waivers http://www.qld.gov.au/law/births-deaths-marriages-and-divorces/marriage-weddings-and-registered-relationships/registered-relationships/ Registered relationships Queensland Link to comment Share on other sites More sharing options...
blossom Posted January 8, 2014 Share Posted January 8, 2014 There should be plenty of bills they can have at the same address. Car registration. Car insurance (with named driver). Medicare cards, bank account, mobile phone plan, tax return (you have to do them yearly here). Link to comment Share on other sites More sharing options...
Cez Posted January 8, 2014 Share Posted January 8, 2014 If he applies for an 820 visa (defacto) towards the end of his working holiday visa then he will not need to leave australia - he will go onto a bridging visa a which will allow him to remain in australia until the 820 visa is granted, Link to comment Share on other sites More sharing options...
tracybayliss Posted January 8, 2014 Author Share Posted January 8, 2014 Ok that's great ill look at that later thanks all for your help x Link to comment Share on other sites More sharing options...
blossom Posted January 8, 2014 Share Posted January 8, 2014 If he applies for an 820 visa (defacto) towards the end of his working holiday visa then he will not need to leave australia - he will go onto a bridging visa a which will allow him to remain in australia until the 820 visa is granted, But he will need to have lived with you for a little bit first so he can show 12 months living together BEFORE his whv runs out. Link to comment Share on other sites More sharing options...
Peach Posted January 8, 2014 Share Posted January 8, 2014 Just to be clear, registering the relationship is all but entering into a legal marriage. To apply for a defacto visa, you are telling the Australian government that your daughter is effectively married to her boyfriend. Link to comment Share on other sites More sharing options...
engaus Posted January 8, 2014 Share Posted January 8, 2014 Just to be clear, registering the relationship is all but entering into a legal marriage. To apply for a defacto visa, you are telling the Australian government that your daughter is effectively married to her boyfriend. I think this is a very good point to make by Peach. Your daughter is only 18, please ensure that she understands what it means to register your relationship. This visa is not an easy process so I would highly suggest you have your daughter read the partner migration booklet on the immi website. She will need a lot of supporting documents and these will need to be collected starting a month prior to your departure - joint bank accounts, wills , super , insurance together, phones together etc. And if they will be living at home with you then I would suggest her and her bf paying you a bit of rent each month - doesn't have to be much but it's important to note that this is a defacto visa so you are doing all you can to show immigration you are pretty much married without the certificate - it's not designed for couples to just continue dating. Also important for your daughters bf to understand this process. Him being in australia completly relies on their relationship. If something happens and they break up she has to notify immigration and he has 28 days to leave the country or apply for another visa. I say all this because I think it's important your daughter a her boyfriend understand the weight of this visa and exactly what it means for their relationship. Link to comment Share on other sites More sharing options...
Guest Posted January 8, 2014 Share Posted January 8, 2014 Agree with a lot of the others here. I'd suggest the WHV for him also. However, if he isn't going to be moving over with you at the same time, I'd be inclined to say when he arrives in Aus he should go get the 3 months regional work done and out of the way (and your daughter go with him if she wants and this would count in their time together also so make sure they keep a paper trail etc) so as to enable him to gain a second year on his WHV. This would then give him plenty of time to live with your daughter as de facto (even in your house) and also give them both time to make sure they are happy in Aus, happy together and so on and wanting to stay. They could also look to saving up to rent their own unit within the remainder of the time he would have left on his WHV. Even if they live under your roof, if they have bank accounts linked or a shared one, are running a car naming them both in insurance, have things like mobile phone bills coming to each of them at your address, Medicare and other official things listed to the address, they should be able to compile decent supporting evidence. They should also pay their way and be able to show they bought food, paid rent (or contributed to the bills etc) and you would then write an official statement to attest to this when they apply (its all in the partner booklet). It really is about them living as a couple, not being boyfriend and girlfriend but a co habiting couple. I'd personally not register the relationship if they have plenty of time to gain the 12 months living together and the de facto evidence. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted January 9, 2014 Share Posted January 9, 2014 I agree with the others, particularly Peach and Engaus. When I saw the thread title, my first thought was "There is no *boyfriend* visa" If they go down the de facto path, they're are applying as partners which is the equivalent to marriage. If they break up, he has to leave the country or find his own visa. If they've registered the relationship, a break-up may have legal implications of separating assets similar to divorce. So this is no longer a dating relationship, they're equal to married just without the flowers and white dress. Link to comment Share on other sites More sharing options...
tracybayliss Posted January 9, 2014 Author Share Posted January 9, 2014 Thank you for all your replays some really good points made here. Thanks Link to comment Share on other sites More sharing options...
ramot Posted January 9, 2014 Share Posted January 9, 2014 I can tell you about 1 success story. Friends of ours emigrated over 8 years ago, and their daughter had met her boyfriend shortly before they were coming. He came on a WHV, lived with them, and successfully applied for a defacto visa. Both were under 20. They have since married and have 2 beautiful children. Hope it works out for you all. Link to comment Share on other sites More sharing options...
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