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Felicityhales

Additional information on to spouses 190 visa

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Hi everyone

 

I am kindly asking for any further advice. My boyfiend is on the last page of the online application and is ready to click on the pay button for his visa. There is still an option to add a family member, could he add me on as de facto (no option there) without jepodising his application? This is his third invite from WA and is worried that he will lose his invite. The first two times he wasn't told about his invites due to using a bad visa company and the third he did independently.

 

I spoke to a helpful guy at GoMatilda as recommended but there is only so much he can say. He said that you can add/change at any stage even if it doesn't match what was on the EOI as the core requirements are still the same. Issue being, de facto add ons aren't family or are they? As there is evidence that needs to be sent off and nothing is final until they fully grant the visa after payment, he mentioned that they will notice that I have been added, I am presuming they will put the visa application on hold until we have submitted relationship evidence?

 

My partner only has till the 21st of Feb to pay his visa payment so we really need to think fast and and advice is welcomed!

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A girlfriend is not a family member. A defacto partner is. Do you consider yourself to be, say, to use another term with which you may be familiar, are you in reality "common law wife" of your boyfriend? Is your relationship with your boyfriend akin to a spousal relationship. The definition of defacto partner is here: http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s5cb.html

 

For a 190 visa, you will ordinarily need to have been in a defacto relationship for a period of 12 months. You will need evidence to demonstrate that.

 

if included on the application as defacto partner, evidence of defacto relationship will need to be submitted, so this could delay the grant of the visa if sufficient evidence is not provided. If sufficient evidence is ultimately not provided, then it is likely that the visa for you would be refused, but your boyfriend would likely still be granted his visa, provided he is eligible and doesn't provide any misleading or false documents or statements in the application (e.g. false documents or statements trying to support defacto relationship would put his own visa in jeopardy).

 

In terms of having until 21 Feb to pay for the visa application, you are presumably also aware that there is an additional charge to include you as a secondary applicant.


Australian Lawyer

Barrister-at-Law (Ireland)

Registered Migration Agent (MARN 1382825)

http://migration.lawyer

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