sylwia agnieszka Posted January 3, 2015 Share Posted January 3, 2015 I am Australian and my partner is Dutch. We have officially lived together for 8 months. I had to come back to Sydney for university. We want to start a life together in Sydney as soon as possible. What is the quickest way for him to come here and for us to be together? We will be eligible to apply for the partner visa in April as this will officially be 1 full year of our relationship. Is it wise for him to apply for a tourist visa then later apply for the Partner Visa? Will he then be allowed to work if he is waiting for the Partner Visa to be approved? Whenever I have contacted immigration information line or in person, everyone says something different. Please help. [emoji53] Link to comment Share on other sites More sharing options...
awelter Posted January 3, 2015 Share Posted January 3, 2015 As a Dutch, would your partner be eligible for 417 Working Holiday visa? That would give you some extra time to live as partners and he would have working rights unlike a visitor visa holder. Link to comment Share on other sites More sharing options...
VERYSTORMY Posted January 3, 2015 Share Posted January 3, 2015 I would speak to an agent as your case is not straight forward - a partner visa normally requires you to have lived together as if you are man and wife for 12 months. You may be able to get around this by registering your relationship. Link to comment Share on other sites More sharing options...
Ozmaniac Posted January 3, 2015 Share Posted January 3, 2015 As a Dutch, would your partner be eligible for 417 Working Holiday visa? That would give you some extra time to live as partners and he would have working rights unlike a visitor visa holder. If you apply for a partner visa as: - a visitor visa holder, your associated bridging visa will not allow you to work. - a working holiday visa holder, your bridging visa will give you a permission to work although subject to condition 8547 - The holder must not be employed by any 1 employer for more than 6 months, without the prior permission in writing of the Secretary. That (highlighted in red) is simply not the case. Bridging visas usually carry the same work rights as the visa from which they are bridging but BVs granted when a Partner (or Aged Parent) visa is applied for onshore carry unrestricted work rights. You're an RMA so you should have access to info on that fact but here is the proof: http://www.comlaw.gov.au/Details/F2012L02217/Explanatory%20Statement/Text . Link to comment Share on other sites More sharing options...
Ozmaniac Posted January 3, 2015 Share Posted January 3, 2015 I am Australian and my partner is Dutch. We have officially lived together for 8 months. I had to come back to Sydney for university. We want to start a life together in Sydney as soon as possible. What is the quickest way for him to come here and for us to be together? We will be eligible to apply for the partner visa in April as this will officially be 1 full year of our relationship. Is it wise for him to apply for a tourist visa then later apply for the Partner Visa? Will he then be allowed to work if he is waiting for the Partner Visa to be approved? Whenever I have contacted immigration information line or in person, everyone says something different. Please help. [emoji53] Provided you have maintained a marriage-like relationship during your separation i.e. shared commitments, finances etc, your partner should be OK to apply for a Partner visa in April on the basis of your de facto relationship. DIBP accepts that partners can be separated for periods of time because of work and other commitments and you appear to have established the relationship as a marriage-like relationship for the first 8 months before being separated for a good reason. If he wants to be able to live with you in Australia with work rights while he waits for his Partner visa to be processed, he has two possible alternatives. 1. If he is under 31 and has never entered Australia on a Working Holiday visa, he could come to Australia on a WHV and then apply for an onshore 820/801 Partner visa at any time during its 12 month validity. When the 820/801 application is lodged, he will be granted a Bridging Visa A but it will only take effect when his WHV expires.The WHV provides work rights for the first 12 months then the BVA will enable him to stay with unrestricted work rights. This approach would allow him to come before April and would have the further advantage of allowing you to live together before April to further support your de facto claim (not absolutely necessary, but the more evidence the better). WHVs have a 6 month per employer restriction, but after he has applied for an 820/801 (not before then), if he wants to stay for longer than 6 months with a particular employer, he can apply for permission to work beyond the 6 months with that employer. 2. If a WHV isn't possible for some reason, he could wait until February or March then come to Australia on a 3 month eVisitor then in April, he can lodge the 820/801 application. He will be granted a BVA which will take effect when his eVisitor expires. After it takes effect, he will have unrestricted work rights but will not be able to work for 3 months wile the eVisitor is still valid. This option also allows you to live together for a few months before April but he won't be able to work for 3 months. It is also something of a misuse of an eVisitor but every year, many people apply for 820/801 visas from eVisitors without any problems. #1 is the better alternative if he is eligible for a WHV. Link to comment Share on other sites More sharing options...
awelter Posted January 4, 2015 Share Posted January 4, 2015 Thanks ozmaniac for correcting me, you are right. My apology. Legislative instrument IMMI 12/094 applies in this case. I think I need to take a break. Link to comment Share on other sites More sharing options...
tbk Posted January 4, 2015 Share Posted January 4, 2015 defo would go for the 417 working holiday if I was him. might also not be a bad idea to register your relationship with births, deaths & marriages in the state you live in. this effectively waives the fact that you have to have lived together for a year. Link to comment Share on other sites More sharing options...
sylwia agnieszka Posted January 4, 2015 Author Share Posted January 4, 2015 Thanks everyone, but he is not eligible for the working holiday as he is 31 years old Link to comment Share on other sites More sharing options...
sylwia agnieszka Posted January 4, 2015 Author Share Posted January 4, 2015 Ozmaniac I think the second option going from eVisitor to BVA seems to be the most likely to work for us. The biggest problem might be providing evidence that we have marriage finances together while he is in NL and I'm in AU. We still have a joint account that is active. Perhaps that's good enough? Link to comment Share on other sites More sharing options...
Ozmaniac Posted January 4, 2015 Share Posted January 4, 2015 See pages 39-41 of the Partner Migration booklet for the type of evidence you should provide to prove that you have been in a de facto relationship for at least 12 months. Some of that should still apply even though you are living apart because of your studies. The joint bank account is one but there should be a number of other things you can provide. http://www.immi.gov.au/allforms/pdf/1127.pdf Partner migration booklet If you're still not sure what type of evidence you should provide for the period of separation, it would be a good idea to at least have an initial consultation with a good RMA who will be able to advise you on the best approach. Any of the RMAs who post regularly on PIO (@Alan Collett, @Raul Senise, @wrussell for example) are highly experienced and well respected. Onshore Partner visas are very expensive so get good advice before you commit to any course of action.' Also, given that you're in Sydney, NSW has a relationship register. If neither of you is married to anyone else you can register your relationship after he arrives in Australia, then you will not need to provide solid evidence for the whole 12 months as a registered relationship provides a waiver of the 12 month relationship requirement for a de facto couple. The more evidence over the longest possible period you can provide the better, but having a registered relationship will be a big help if there are any gaps or weaknesses in your evidence. http://www.bdm.nsw.gov.au/bdm_mge/bdm_rel.html NSW Relationship Register Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.