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Partner Visa Information/Advice


MUFCButler

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Hi, Long story cut short... My girlfriend and i meet in England about two years, im 21 now and she is 19.

 

before we met, her family and her had visas/plans to move to oz, they were just sorting out finace and other stuff... they hold a sponsored visa, so she is a PR...

 

we all moved out in May, im on a working holiday visa because it was the only easy and quick visa you can get.

 

im coming towards the end of my visa.. we want to apply for the partner visa.

 

after reading the booklet, i see you are meant to be living with each other for at least 12months, we can only prove this from when we got a house in oz in May. so its not 12months. i have raid you can register your relationship and apply sooner ( http://www.vincent.wa.gov.au/Your_Community/Whats_On/News/Relationship_Declaration_Register )

 

has any1 else done this and applied for the visa sooner?...

 

or do you think its better to wait it out till may, the only problem with this is i would have to apply for the visa the day my visa ends... does this matter, im guessing they allow me to stay in oz untill the visa is sorted..

 

any advice on the visa or anything will be greatful, or even someone who has done it before and only been with each other for a short time that we can message if we need to.

 

think i have coverd as much as i need..

 

thanks :)

 

we are in WA (if that helps)

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DIBP doesn't recognise registration of relationships in WA, so that won't help you. The best path for you, if you can do it, is do the 3 months regional work to then qualify for a second WHV. That way you can then take the extra time to build up enough evidence for a solid de facto partner application.

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... they hold a sponsored visa, so she is a PR...

You need to know the visa subclass to know whether it is PR or not. Lots of sponsored visas are not PR - like the most popular sponsored visa - the 457.

 

after reading the booklet, i see you are meant to be living with each other for at least 12months, we can only prove this from when we got a house in oz in May. so its not 12months.

It is more than simply living together for 12 months that is required. (As hopefully you have already realised from reading the booklet).

 

..or do you think its better to wait it out till may, the only problem with this is i would have to apply for the visa the day my visa ends... does this matter, im guessing they allow me to stay in oz untill the visa is sorted..

 

From the information you have given so far, neither of those are options I would recommend. You should not leave it to the last day of your visa to apply for another visa, but from the information you have given, a partner visa application now would appear likely to be refused. I would strongly recommend that you discuss your case with a registered migration agent - who will be able to then advise you of when you may be eligible to apply for a partner visa. From what you have said so far, it would seem that if you applied for a partner visa now, there would be a very strong likelihood that it would be refused, but discussing it with a registered migration agent will help you better assess your options (including whether you may in fact be eligible to apply now - but this will depend on answers to questions that the migration agent will ask you, and to whether sufficient supporting evidence exists). Essentially, more information is required, and a registered migration agent can go through that with you and advise you on the best strategy going forward. It may be that your best option will be for you to apply for a different visa first, before applying for a partner visa, and a registered migration agent can discuss your various visa options with you.

If you lodge an application for an Australian visa while you are in Australia on another substantive visa (such as the working holiday visa that you are on) then you will be granted a bridging visa to allow you to remain in Australia while your application for the other visa is being processed. If you leave it to the last day of your current visa however, the bridging visa may not issue until after your current visa has expired. You would then become an unlawful non-citizen for that intervening period of time. This is something you want to avoid.

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Thanks all... The girlfriends visa is Skilled - Sponsored (Subclass 176)

 

We were a couple living with her parents but have no proof! just have loads of proof for our own place.

 

Going to book a appointment and talk to a agent, be the best bet.

Did you have anything registered at that address, like bank accounts, car insurance, pay slips etc etc?

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I have heard of parents writing stat decs to support applications where couples had lived together with them for a while. It may be possible this is ok. Best bet is to check with an agent.

 

I do think the 3 months regional work is a possible also to give you an extra year on a WHV. I am sure you can find regional work in WA.

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Naa all my payslips and bank stuff went to my home address (my mums n dads). Think we had a blockbuster card but I can't just use that :/

I think the key word there is 'home' address. You obviously still counted your parents as home.

 

I'd also do your three months to get your second year visa. It would give you so much more breathing space.

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Hi there!

 

Certainly try to avoid applying on the last day!! Many clients have found themselves becoming unlawful because of this so better to sort of everything you need beforehand.

 

So you say you lived together at your parent's house? Plus you have been living on your own since May (which has been 9 months now). If you haven't fulfilled the 12 month requirement on your own this can get tricky but if you lived for at least 12 months including the stay at the parent's house then you may fulfill requirements. You will need some good arguments and strong evidence but this can be counted. It is all a question of putting together a good application and really digging for evidence but the fact that you lived at your parent's house does not prevent you from proving the 12 month living together requirement.

 

Definitely make sure you get onto collecting paperwork and getting the process started as soon as you can (you'll find it will be time-consuming to find everything you need so best to get started straight away!).

 

Cheers!

Edited by lebourvellec
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