Jump to content

Scotland to WA on a 190 subclass with de facto partner


Recommended Posts

Good Day All,


New to the forum and looking forward to some good discussions and advice!


After finally discussing and researching at length, my girlfriend and I have decided that Australia offers a better lifestyle and opportunity for us and our future together. We are both UK citizens living in Scotland.


My girlfriend is a qualified Architect and I work in Logistics for the Oil and Gas industry. Although I have over 5 years experience and in a mid-senior level position within the company (who do not have any Australian interests) I do not have any post secondary school education. My job doesn't require any formal qualification either, just hard work from the bottom up!


With this in mind we feel that the 190 state sponsored visa is the best route to go with my girlfriend as the main applicant and myself as her de facto partner.


Her job is on the WA and NSW CSOL for those regions.


We feel that WA is the best place for us given the Oil and Gas related positions that exist for myself.


There are many posts on this forum and finding the most useful info is difficult.


Can anyone offer any thoughts on the above? Are we going down the right route? Does anyone have an understanding of the timings after the EOI is approved? My concern is the proof of de facto relationship. The skillselect website criteria for de facto partner's seems to have changed slightly. My girlfriend and I havent lived together so I'm not sure what proof would be required.


Any thoughts would be greatly appreciated.


P.S. I've posted a similar thread on the welcome page so I apologise for duplication!



Link to comment
Share on other sites

I'd agree WA is your best option for oil/gas opportunities, I do not think you will be able to apply as a de facto partner though.


From the immigration website..


[h=3]De facto partner[/h]

A person is the de facto partner of another person (whether of the same sex or a different sex) if:




  • they have 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
  • they are not related by family.



For an application for a permanent, Business Skills (Provisional), Student (Temporary), Partner (Provisional), Partner (Temporary), or a General Skilled Migration visa the de facto relationship must have existed for at least 12 months immediately preceding the date of application.



So living together is part of the definition. Depending on your role/assessing body you may be able to be assessed based on 'recognition of prior learning (RPL)'


Or you start living together or your girlfriend applies and subsequently you apply for a prospective marriage visa.


I'd put your position to a migration agent - I can recommend 'Overseas Migration' in Edinburgh

Link to comment
Share on other sites

Welcome to PIO


From what you have posted yes the 190 visa would be best visa for yourselves. It is always worth running your case past a MARA registered Agent before starting, even if you are looking to do the application yourselves.


As for the fact you dont/never(?) lived together but want to go down the defacto route this could be an issue, as DIBP expect defacto couples to be living together for 12 months.




From start to finish our visa took 7 months, for similar state sponsorship visa, but things have changed now with EOI. We had grant 6 weeks after lodging application, for 190, DIBP state that it will take 7 weeks to get a CO.

Link to comment
Share on other sites

Thanks Folks,


I was getting the de facto partner information as per below....


Your partner can be married to you or they can be your de facto partner. Your de facto partner can be the same or opposite sex. You must prove:



  • the relationship is genuine and continuing
  • your partner is at least 18 years of age when the application is lodged (there are some exceptions)
  • you and your partner do not have a have a parent in common and you are not an ancestor or descendant of one another.


For a married partner, the marriage must be legal under Australian law. For a de facto partner, the relationship needs to have existed for six or 12 months before you lodge the application. The length of the de facto relationship depends on the visa you are applying for.


I took this from the following website......http://www.immi.gov.au/visas/including-family-members.htm


As you can see, slightly differing statements but I was previously on the understanding of the requirement to live together. I think that contact with a migration agent may be in order, I know that the majority have a free telephone consultation initially.


The idea to apply for a prospective marriage visa is something we thought about, but didnt want to be pressured into it as we will only have 9 months do be married after I arrive in Oz.


Your comments are greatly appreciated! :-)

Link to comment
Share on other sites

Following up on yesterdays post...


I spoke to OM in Edinburgh and confirmed that the requirement to have lived together for 12 months is absolute for a de facto relationship so that route is 'scunnered'!


With my lack of post school quals and formal work quals (plenty of experience in the Royal Navy, the Police and the Oil and Gas industry) I really think we've hit a brick wall.

Link to comment
Share on other sites

The easiest thing to do is to both be on the same application, than having 2 separate applications. If its an option start living together now - open joint bank account, put on each others car insurance etc etc. You need to prove the 12 months when you apply, getting the skills assessed, IELTS and state nomination all take time- you also have 60 days to lodge application once receive invite.


Being married will waiver the 12 month requirement.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Create New...