417 to 820 Visa questions

[caitiepie]

Hi,

I'm new to the forums - apologies if this has been asked a million times before. My fiance is from the UK, I'm Australian. I'm currently living in Cambodia on a 12 month placement while he's back in the UK. We have been together for 3 years and previously lived together for 1 year in the UK. I finish up here around September and we've decided that we'd like to move to Australia.

 

Although he could apply for an offshore partner 820 visa now from the UK, looking at processing times I don't think it will be through by September and we're both desperate to live together again (I don't have a visa now to get back into the UK!). He's under 30 so still able to get a 417 Working Holiday visa. Obviously getting sponsored would be ideal, but I don't know how realistic that is. Otherwise, is the best thing just to apply for a 417 to enter Australia and then apply for the 820 onshore asap? Is there any way he could apply for an 820 offshore now and still enter on a 417 in September if the 820 hasn't come through yet? Seems too good to be true, but thought I'd ask anyway. Is there any sort of minimum time he should be in Oz on a 417 before applying for the 820?

Thanks so much.

[Rupert]

If you are satisfied you meet the criteria for the partner visa, you can apply onshore or offshore whenever you like. Note that onshore is more expensive and takes longer to be granted. On the other hand, if you apply for offshore but he comes over on a WHV in the meantime then he would have to spend money going offshore to get the visa granted anyway.

 

I would just be sure about your qualifying though, whilst you have lived together for a year previously, you seem to be living apart now and have done for some time. This is not typical of a married couple, and you need to prove you are equivalent to a married couple, so you would need to have very good reasons for this current separation.

[caitiepie]

Thanks for your comments. The immigration website says that we would need to prove that any period of separation is only temporary, which we can. I'm here on an Aust Govt sponsored placement that is strictly for 12 months and does not allow for dependents, hence he couldn't come. We're visited each other multiple times throughout the separation and got engaged during this period, so I wouldn't have thought this would affect much. We've still got a joint bank account. Maybe it would be better to apply onshore once we're there and living together again to really prove that the separation was only temporary.

[Guest]

Agree with Rupert.

 

I'd look at perhaps him going over on a WHV, either doing the regional work to gain the second year or you clock up the de facto time together in the year and if in a state that registers relationships do that and apply before the single year WHV expires. He would go onto a bridging visa with work rights then till partner visa was granted.

 

Ideally to meet de facto requirements without the registering of relationship you need to be able to prove de facto for a 12 month period prior to applying iirc. Currently from what you've said I don't think you do, and you would not really be able to meet the year timeframe on a WHV and have time to apply onshore. Hence either gaining the 2nd year WHV or registering if able. Hope that makes sense.

[blossom]

I would probably consult a migration agent on this one as your situation is a little unusual.

 

I know a couple of couples who have managed partner visas while having large amounts of time apart. One, even years later, has never lived with her now husband (just defacto when they got the visa) for more than six months at a time.

 

Yours is an unusual case. If you are happy to wait you year on the whv then just do that, but an agent is the way to go if you want to get the ball rolling earlier.

[MaggieMay24]

Just to clarify - the off-shore version is the 309, not the 820. Given how long you've been together, it's possible you'd go right to the PR (100 or 801) without getting the temporary visa first.

[Rupert]

Thanks for your comments. The immigration website says that we would need to prove that any period of separation is only temporary, which we can. I'm here on an Aust Govt sponsored placement that is strictly for 12 months and does not allow for dependents, hence he couldn't come. We're visited each other multiple times throughout the separation and got engaged during this period, so I wouldn't have thought this would affect much. We've still got a joint bank account. Maybe it would be better to apply onshore once we're there and living together again to really prove that the separation was only temporary.

 

Possibly yes. And I am not suggesting that you have an insurmountable problem, just that you do need to be able to explain it well. Many people would decline a job in another country if their spouse could not come, so just saying you will just need to stand up to some challenges over your decisions like that. So indeed it might be better to get some additional time living together before you lodge anything, the WHV is a perfect solution.

[caitiepie]

Thanks for the replies - I had never even considered that us living apart this year would be an issue at all. There's food for thought! Ah well, answers the question about applying offshore or not. Best he comes into Oz on the WHV and then we'll go from there. Fingers crossed he just gets sponsored and we don't even need to deal with partner visas for a good while.