Adding partner to my 189visa in the middle course of application

[liliannn]

Hi all. my 189 visa application date is 27oct2014 offshore low risk country. On 17oct2014, my CO contacted me requesting further document, at this point of time, I would like to add partner to my visa. do you know the processing time of adding my partner now? My partner already gets 457 visa and in Australia now

 

And do you know will they accept it as for the last 6 months we are not living together. We have been living together before from oct2013 to June this year (8 months), address proof, jointed bank account, travel ticket (June 2013 and Sept 2014. We travelled one month together in Sept 2014, and get pic proof with his family and my mother. We are going to rent a place in coming mid Jan with application of our name. Do you think this is enough for our relationship proof thank you

[Ozmaniac]

Did you say on your 189 application that you were in a de facto relationship but that your partner was a non-migrating dependent?

 

If not, I'm not sure how good your chances will be of being able to add your partner because the evidence you will now be relying on already applied in October 2014.

[liliannn]

Did you say on your 189 application that you were in a de facto relationship but that your partner was a non-migrating dependent?

 

If not, I'm not sure how good your chances will be of being able to add your partner because the evidence you will now be relying on already applied in October 2014.

Hi ozmaniac,

 

I didn't write about my partner at the beginning because my parter who is holding 457visa scared that may affect his visa, that he needs to leave australia in 28 days in case bridging visa is not given to him,( I applied offshore, he is onshore) but I heard someone here as long as his visa is not expired, he doesn't need the bridging visa at all.

 

so is that I need to fill in the form 1023? Also the form 1436 adding an additional applicant after lodgement?

Do you know if that will takes a long time? And in case, my partner is being refused, will I be refused too?

do you think it might be better just wait after my visa being granted, and apply for partner visa, however , this visa takes at least one year and very expensive.

 

thanks for your advice.

[Ozmaniac]

Yes, you'll need a Form 1023 and a 1436.

 

It's too bad that you didn't include him in the first place as it wouldn't have affected his 457 in any way. The 457 would simply have continued as long as he complied with the conditions of that visa.

 

If he is considered not to be eligible to be included, I think your CO may allow his application to be withdrawn so it shouldn't have any effect on your chances of being granted your 189. If that happens, you will have to go down the Partner visa route after you have your 189.

[awelter]

Adding a de facto partner to a subclass 189 after an application has been lodged - yes, it is permitted

 

When an additional applicant is taken to have applied for a visa? Under Reg. 2.08A, the application of the additional applicant is taken to have been made on the later of:

(A) the Minister receiving the request; and

(B) the additional applicant charge (if any) being paid.

 

An interesting point - PAM - Sch1 item 1137 Skilled Independent (Permanent) (Class SI ): Secondary applicants are not required to prove their relationship to the primary applicant in order to make a valid Class SI application. Secondary applicants need only claim to be a member of the family unit of the primary applicant.

 

When is a de facto relationship assessed? This is assessed at the time of decision (Schedule 2 189.311).

[awelter]

Adding a de facto partner to a subclass 189 after an application has been lodged - yes, it is permitted

 

When an additional applicant is taken to have applied for a visa? Under Reg. 2.08A, the application of the additional applicant is taken to have been made on the later of:

(A) the Minister receiving the request; and

(B) the additional applicant charge (if any) being paid.

 

An interesting point - PAM - Sch1 item 1137 Skilled Independent (Permanent) (Class SI ): Secondary applicants are not required to prove their relationship to the primary applicant in order to make a valid Class SI application. Secondary applicants need only claim to be a member of the family unit of the primary applicant.

 

When is a de facto relationship assessed? This is assessed at the time of decision (Schedule 2 189.311).

 

Just a clarification - someone could interpret this as it is not necessary to be in a de facto relationship for 12 months before an application is made. No - de facto relationship must exist for the period of 12 months before the application is made. It is just assessed at the time the application is decided.

[liliannn]

Thank you ozmaniac and ozhomemigration,

 

Actually I have sent a email to my CO last week asking about this, but I don't think she can really give me any advice about adding my partner, how long usually does a CO take to reply my email?

 

According to immigration website, my partner and I are not necessary living together for total one year, is it correct ?

 

http://www.immi.gov.au/media/fact-sheets/35relationship.htm

Living together is regarded as a common element in most on-going relationships. It is recognised that, for various reasons, couples may sometimes have to live apart. Provided the separation is temporary and the couple had, at some point since commencement of the relationship lived together, their relationship might still satisfy the requirements of a de facto relationship.

 

 

For this reason, the one year relationship criterion does not require the couple to have physically lived together for the entire 12 months, but rather to have been in a de facto relationship for that period.

 

 

Partners who are currently not living together may be required to provide additional evidence that they are not living separately and apart on a permanent basis in order to satisfy the requirements of a de facto relationship.

Q: We have been in a de facto relationship for longer than one year but, as my job in Australia does not allow me to travel to my partner's country, we have only lived together for eight months. Will I be eligible to sponsor my partner on a partner visa to Australia?

 

 

Despite not living together for one year, your partner may still be eligible for a partner visa. It is expected that couples will have physically lived together at some time since they committed to the relationship. However, it is recognised that couples may be physically apart for periods of time, for example, due to work or travel commitments, yet remain in a genuine and continuing relationship and are committed to a shared life to the exclusion of all others.

 

 

In assessing whether you are in a de factor relationship, the department may take into account a number of factors other than periods of physical cohabitation such as the history of the relationship, social and financial aspects of the relationship, the nature of the household and your commitment to each other.