Guest Bel Posted August 13, 2014 Share Posted August 13, 2014 Hi all - I'm just after some advise regarding my de facto partner visa application. My partner and I already meet all the requirements for the visa and have got everything put together with no problems. However we had originally planned to lodge our application here in Australia but our situation may now change. I have potentially been offered a job back in the UK and ideally I would like to go back home to work and earn some good money for a while whilst the visa is being processed (work is very sporadic at the moment due to my WHV status which wont change whilst the process is happening). My partner will have to remain in Australia due to work commitments so we are now thinking that I will return to the UK and lodge the application offshore. Will our separation cause any issues for my visa or is my returning home to work whilst the visa is processed an ok reason for living apart temporarily? Also what kind of declarations/ evidence may we now need to include in the apllication regarding this? Thanks in advance for your help! Bel Link to comment Share on other sites More sharing options...
vickyplum Posted August 13, 2014 Share Posted August 13, 2014 I would address this in your personal statement (or whatever it's called). There are suggested headings and one of them is something like "details time spent apart". I think if you can be very clear why you are living apart, what the end benefit will be (money for your new life / house etc) and indicate that you will visit each during the time apart, then it probably should be OK. But if you've been a couple for a long time, it probably won't make any difference to your application anyway. But I am not an expert so you may wish to consult someone who is! There are plenty of migration agents who post on Poms in Oz, who should be able to offer guidance. Link to comment Share on other sites More sharing options...
Guest MigrateAustralia Posted August 14, 2014 Share Posted August 14, 2014 Bel, I just want to confirm with you that when you lodge onshore (in Australia) you will be granted a Bridging Visa with full work rights, that will activate once your WHM expires so this is something to consider. If you are going to lodge while you are overseas, you will just need to ensure that you have evidence that your de facto relationship is ongoing, such as records of telephone calls, messages, emails, cards/letters etc. You will also need to state that this separation is temporary only due to visa restrictions and a great job opportunity being offered to you that will help you both financially in the long run. Hope this helps? All the best, Christel Link to comment Share on other sites More sharing options...
Guest Bel Posted August 14, 2014 Share Posted August 14, 2014 Thanks for your responses so far... Christel - I was under the impression that my bridging visa would take on the conditions of the visa I previously held and not the one that I was applying for. Just to clarify... I would have full and unrestricted working rights when the bridging visa comes into effect? I think the job opportunity would be too good to turn down at the moment so its good to know that with the right evidence this wouldn't hamper our application too much. I would be hoping to lodge the application as soon as I got back to the UK so at that point we wouldn't have much in the way of evidence to prove that our relationship was ongoing. We also need to meet the requirement of having lived together for at least 12 months directly prior to lodging so we wouldn't want to wait to gain such evidence. Would describing our intentions of how we will remain in contact be enough? Thanks! I really appreciate the advice Link to comment Share on other sites More sharing options...
Guest Bel Posted August 14, 2014 Share Posted August 14, 2014 Sorry another quick question whilch may help our decision on where to lodge the application... With the processing time currently being so long, if I were to apply onshore how easy would it be to leave Australia to visit family in the UK whilst my application is being processed? Similarly, how easy would it be for me to visit Australia during the application processing time if I were to apply offshore? Thank you in advance Link to comment Share on other sites More sharing options...
Guest MigrateAustralia Posted August 14, 2014 Share Posted August 14, 2014 The bridging visa would normally take on the conditions of the previous visa held, but for Partner visas the conditions do not carry over so you should have full work rights. Yes, you should describe your future plans in your application and this can include a temporary separation so you can take a job opportunity. While you may not have evidence to show your relationship continued despite the separation at the start when you lodge the application, you should still gather this as the case officer may ask for further evidence during processing. Cheers, Christel Link to comment Share on other sites More sharing options...
Guest Bel Posted August 14, 2014 Share Posted August 14, 2014 Thanks so much Christel... One final one seeing as your on a roll with the great advice... would I also have the right to study on the bridging visa? Link to comment Share on other sites More sharing options...
Guest MigrateAustralia Posted August 14, 2014 Share Posted August 14, 2014 No problem Bel. There should be no conditions apart from international travel on your bridging visa. Meaning yes, you would have the right to study. Obviously it's advisable to read through the conditions of your visa thoroughly once it is granted. Feel free to contact me privately if you have further questions or need any help. Christel Link to comment Share on other sites More sharing options...
Guest Bel Posted August 15, 2014 Share Posted August 15, 2014 Thank you, it feels like ive been hunting high and low for snippets of info which may affect whether I apply onshore or offshore. With regards to international travel restrictions on the bridging visa do you know if its possible to apply to travel overseas for a short holiday? With the processing time currently being so long I was hoping to make it home to the UK for a few weeks over christmas if i applied onshore. Link to comment Share on other sites More sharing options...
CollegeGirl Posted August 15, 2014 Share Posted August 15, 2014 Yes. With the application for the Partner Visa, you get a BVA. Once you have that, you're eligible to apply for a BVB - costs somewhere around $150 AUD if I recall correctly, and takes a couple of weeks. They used to require you to have an important reason to travel, but with the length of processing time these days, they're granting them for pretty much anything, including holidays. Link to comment Share on other sites More sharing options...
engaus Posted August 15, 2014 Share Posted August 15, 2014 Thanks so much Christel... One final one seeing as your on a roll with the great advice... would I also have the right to study on the bridging visa? Just wanted to mention that if your considering studying look into the costs. You will be classed an international student and they get charged significantly more than domestic students (in particular if your looking at university) Link to comment Share on other sites More sharing options...
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