Virginia Wolf Posted February 17, 2014 Share Posted February 17, 2014 Hullo all, I really do need some help and advice. I have become so confused with all of the different types of visas and their requirements, being a bit older has slowed my comprehension a bit. I am an Australian living in the UK in a defacto same sex relationship, I have a right of abode here in the UK as my father was born here. We have been in a committed defacto relationship for four months and wish to take my partner home to live in Australia. I am 62 and my partner is 58. Me, retired, home owner with no debts and modest superannuation savings, my partner is a self employed film maker/ editor/ musician. We have tried for a 12 months partnership visa through a visa agent here in London but advised by them that my partner will need quite a lot of money to cover her time there, being self employed the ready$$$ aren't there. She has been granted a three month tourist visa by Oz Immigration. Is my partner able to apply for any kind of permanency once in Australia? Please help, I am at my wits end, the rules and regulations are so confusing and it would be so much easier for us to go and live in Spain where we have an old Spanish friend who knows their system from many years experience. Link to comment Share on other sites More sharing options...
wakeboard1980 Posted February 17, 2014 Share Posted February 17, 2014 You need to be in a defacto relationship for 12 months. Link to comment Share on other sites More sharing options...
wakeboard1980 Posted February 17, 2014 Share Posted February 17, 2014 http://www.immi.gov.au/allforms/booklets/1127.pdf Follow this link to see the partner visa booklet, that should help. Also there is a spouse visa thread in the migration section, people there who are/have applied recently should be able to help. Link to comment Share on other sites More sharing options...
MovingtoTasmania Posted February 17, 2014 Share Posted February 17, 2014 Hello. For the defacto visa, you need to have lived together for 12 months and be able to submit evidence of this such as rental agreements, bills etc. I'm not sure which agent told you she needs lots of money to prove that she can support herself and which visa it was for. If you sponsor her, then you need to make sure that you have funds and also, take in to account that she won't be eligible for age pension until she's had PR for 10 years. Is she able to transfer any pension into a super fund? These are all things that you need to think about. Depending on where you plan to settle in Aus, you can register the relationship when you go over, get a rental in joint names, put the defacto onshore application in (check though if registering the relationship waives the 12 month waiting period) and then she can go on a bridging visa until the defacto comes through. But I suspect that the 12 month living together period is going to be something that you will need to look in to carefully xx Link to comment Share on other sites More sharing options...
Virginia Wolf Posted February 17, 2014 Author Share Posted February 17, 2014 Hello. For the defacto visa, you need to have lived together for 12 months and be able to submit evidence of this such as rental agreements, bills etc. I'm not sure which agent told you she needs lots of money to prove that she can support herself and which visa it was for. If you sponsor her, then you need to make sure that you have funds and also, take in to account that she won't be eligible for age pension until she's had PR for 10 years. Is she able to transfer any pension into a super fund? These are all things that you need to think about. Depending on where you plan to settle in Aus, you can register the relationship when you go over, get a rental in joint names, put the defacto onshore application in (check though if registering the relationship waives the 12 month waiting period) and then she can go on a bridging visa until the defacto comes through. But I suspect that the 12 month living together period is going to be something that you will need to look in to carefully xx Thanks for that info Moving to Tassie, Wakeboard linked me to an information booklet which gave me that information about waiving the waiting period by registering a relationship with BD& M, I checked on the NSW BD&M site and its doable in my state, this looks like it might be possible, but do you foresee any problems if we do the applications while she is on a three months tourist visa? Link to comment Share on other sites More sharing options...
MovingtoTasmania Posted February 17, 2014 Share Posted February 17, 2014 Thanks for that info Moving to Tassie, Wakeboard linked me to an information booklet which gave me that information about waiving the waiting period by registering a relationship with BD& M, I checked on the NSW BD&M site and its doable in my state, this looks like it might be possible, but do you foresee any problems if we do the applications while she is on a three months tourist visa? The only difficulty that I can foresee is that you need to have all your documentation together and ready and going through immigration might be dicey if baggage is searched as it immediately makes a lie of the conditions of the tourist visa. Saying that, post the documents to yourself (registered/secure) and I don't see any problems as there are others who have done this, gone over on the tourist visa, applied onshore and gone on to a bridging visa. In terms of shipping things over etc, you hold an Aus passport, so that would all have to be done in your name. The fact that she's only going on a one way ticket might also raise concerns with immigration and she if admits to wanting to apply onshore for the defacto visa, she's breaking the conditions of the tourist visa and then runs the risk of not only being denied entry and the visa being cancelled, but also being subject to a 3 year ban. Not that I'm saying that she should necessarily lie to Border Control, but I do think that you need to think of all things, cover all bases. In terms of the application and DIBP, there is no problem, just be aware of any issues surrounding the documentation/entering on a one way ticket etc etc. Also please do consider the financial aspects around pensions etc as you have to undertake to support her if she can't work for some reason so does your super payment cover expenses x 2 for worst case scenario? Usually the bridging visa will allow work so that might not be such a big problem. Just be aware of the other things that I've highlighted (and that's just of the top of my head, there may well be other issues that I haven't thought of) xx Link to comment Share on other sites More sharing options...
Virginia Wolf Posted February 17, 2014 Author Share Posted February 17, 2014 Once again, thanks for the helpful info Moving to Tassie, we wouldn't be dishonest with immigration, no we wouldn't. Partner will have return tickets and who knows might not like the copious sunshine, relaxed lifestyle and want to go back to England. Link to comment Share on other sites More sharing options...
MovingtoTasmania Posted February 17, 2014 Share Posted February 17, 2014 Once again, thanks for the helpful info Moving to Tassie, we wouldn't be dishonest with immigration, no we wouldn't. Partner will have return tickets and who knows might not like the copious sunshine, relaxed lifestyle and want to go back to England. With a return ticket (even if it's not used) there will be no problem whatsoever. Keep us updated with how you get on xx Link to comment Share on other sites More sharing options...
cappuccino Posted February 18, 2014 Share Posted February 18, 2014 Hi, Just in case you missed this information (as we did!): when registering your relationship in NSW, there's about a month's 'cooling off period' before they issue the certificate. Immigration only accept the certificate to waive the 12 months requirement, they don't accept the receipt of lodgement of the relationship registration. So I guess I'm saying don't leave the relationship registration until just before you submit your defacto visa application! All the best with your application. Link to comment Share on other sites More sharing options...
Virginia Wolf Posted February 18, 2014 Author Share Posted February 18, 2014 Thanks Cappucino and Moving to Tassie, i will post on here as the journey unfolds, Link to comment Share on other sites More sharing options...
flag of convenience Posted February 18, 2014 Share Posted February 18, 2014 Please do as be interesting to read. Just as a side line when I, on an Australian passport, but living in France, applied with my partner,(not same sex) at the Australian Embassy in Paris, they got me to state in writing that I would not seek to sponsor her once in Australia. She was a professional, in a highly paid job, with no intention of moving to Australia. Very strange. On reflection, if asked now I would have politely declined and seen what their reaction would have been. Besides we had been living together three plus years at the time. I'd like to know if you still find OZ to be the same laid back lifestyle of old. I'd have thought Spain could well be an alternative. I've thoughts on Malta at the moment or Gozo to be exact. Lovely, mellow part of the world. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.