Rolfeyroo Posted February 3, 2015 Share Posted February 3, 2015 Hi all, new to this forum and would greatly appreciate a little advice and apologies if Im repeating previous questions. My partner and I are looking into emigrating to Australia. She is an Australian citizen although has lived in the UK for 9 years, I am a UK citizen. We have been a couple for 2 years but have only lived together since October. I have spoken to a couple of agents (mara approved) and have been getting conflicting info on when I can apply for a partner visa. One suggested that we MUST have lived together for 12 months prior to lodging the visa application, but another suggested that because applications can take between 10-14 months, lodge the application now, as by the time the application is looked at, the 12 months would have passed. Little bit confused on who's advice to follow. Any advice from yourselves would be appreciated. Many thanks Link to comment Share on other sites More sharing options...
vickyplum Posted February 3, 2015 Share Posted February 3, 2015 Welcome to the forum. Even though I have applied for the same visa as you are looking at, I am not sure on the exact details - there is discussion around if you can apply after being a couple for 12 months or must have lived together for 12 months - with opinion coming down on the side of living together (defacto = living like man and wife). The evidence you need to submit for the visa must include details of shared finances, social activities, the "nature of the household", what future plans are, how you have combined your affairs. Basically most of the stuff you need to prove, comes from living together. So if you applied now, you probably wouldn't be able to supply enough evidence. Why not wait until August/September, make sure both your names are on every possible household bill/payment, start tracking social events, family gatherings, instances of when you have paid for things from your bank a/c and vice versa, and then start gathering your evidence for an October 2015 submission. There are other threads on this, and I will see if I can dig them out for you. Link to another similar discussion: http://www.pomsinoz.com/forum/migration-issues/225357-defacto-visa-without-having-lived-together.html Link to comment Share on other sites More sharing options...
engaus Posted February 3, 2015 Share Posted February 3, 2015 Goodness me. Stay away from the agent that suggested that you can apply now because application times are taking 10-14 months. The 12 month cohabitation requirement is a "time of application" requirement. Which means you need to fulfil it prior to lodging your application. The only way to get around not living together for 12 months is to get married or register your relationship in a eligible state in Australia (be a little difficult if you are both living in the UK). If you don't want to get married and your unable to register your relationship you have to show 12 months of cohabitation. Have a read of this document, note that IMMI say "To satisfy this requirement, the couple must demonstrate that they have been in a de facto relationship for at least 12 months before the visa application is made". https://www.immi.gov.au/media/fact-sheets/35relationship.htm Link to comment Share on other sites More sharing options...
vickyplum Posted February 3, 2015 Share Posted February 3, 2015 Here is a list of the evidence I provided - if it helps: Tenancy agreement (current and previous) Contents insurance schedule Utility bills - showing both names Bank statements showing all transfers between our bank accounts for a year (we don't have a joint account) - printed out and marked up Contents insurance schedules in both names Didn't include electoral role, as he is not on it, even though I am. But they can check that without us knowing anyway. Photos of us on holiday (1 per holiday) Photos of me/us with each other's family members Birthday cards from each other's families Happy new home cards from friends/family Xmas cards from friends/family Wedding invite Print outs of holiday/flight bookings for trips we've taken together Diary entries showing when we met up (before living together) Details of time spent apart (ie, my partner worked in abroad for three months, so I provided dates of the trips back to the UK and when I visited him) Diary entries supporting when we met with each other's friends/family etc (social context of relationship - part of written statement/application) Statutory declarations from friends and two Australian citizens - mandatory part of the application form Link to comment Share on other sites More sharing options...
Bronyaur Posted February 3, 2015 Share Posted February 3, 2015 I Agree with all above except the agent. To be honest you can do it yourself if you prepare before lodging. Link to comment Share on other sites More sharing options...
lebourvellec Posted February 3, 2015 Share Posted February 3, 2015 The 2nd agent is wrong, offshore Partner visa applications are assessed within weeks of being lodged, waiting time is 12 months for visa to be granted, but these applications are not sitting around during that time. once an offshore partner visa is assessed at being valid the case officer will tell you when to do your medical, about 6 months after you lodged your application. You are then in a que for the visa to be granted. have you considered the PRospective Marriage Visa? there was someone on the forum last week, had lived with their partner for 7 years and were requested further information from the CO. I have also seen in the past people lodging if they have not meet the 12 month cohabitation they have changed their application to PRospective Marriage Visa. Link to comment Share on other sites More sharing options...
CollegeGirl Posted February 3, 2015 Share Posted February 3, 2015 WOW - that is some of the most egregiously bad advice I've heard of from a MARA-registered agent (that second one) and I've heard some REALLY bad info! That's scary. Link to comment Share on other sites More sharing options...
Rolfeyroo Posted February 4, 2015 Author Share Posted February 4, 2015 Many thanks to you all for the replies. We're going to start collecting our evidence and lodge the visa application later in the year, may even get organised and do it ourselves. Expect further questions as we progress Link to comment Share on other sites More sharing options...
Rolfeyroo Posted March 22, 2015 Author Share Posted March 22, 2015 I have some further questions which I would really appreciate help with if poss? Can I travel to Oz on an e-visitor visa and apply for a partner visa there? I believe I will need a return ticket or onward journey ticket so as to prove I will not just stay in Oz once my 3 month visitor allowance has expired. If this is possible, can i expect any difficulty getting through customs, as I will be on a visitor visa, but I will be intending to stay. I have read that once you apply for a visitor visa whilst in Australia, you will be granted a bridging visa, whilst the partner visa is being processed and considered. Will this bridging visa only begin once the e-visitor visa has expired, when the three month allowance has expired or immediately once the partner visa application has been lodged? Greatly appreciate all of your help as per usual!! Link to comment Share on other sites More sharing options...
Bungo Posted March 22, 2015 Share Posted March 22, 2015 I have some further questions which I would really appreciate help with if poss? Can I travel to Oz on an e-visitor visa and apply for a partner visa there? I believe I will need a return ticket or onward journey ticket so as to prove I will not just stay in Oz once my 3 month visitor allowance has expired. If this is possible, can i expect any difficulty getting through customs, as I will be on a visitor visa, but I will be intending to stay. I have read that once you apply for a visitor visa whilst in Australia, you will be granted a bridging visa, whilst the partner visa is being processed and considered. Will this bridging visa only begin once the e-visitor visa has expired, when the three month allowance has expired or immediately once the partner visa application has been lodged? Greatly appreciate all of your help as per usual!! If you succeeded in doing this, then the bridging visa kicks in when the tourist visa expires. And you may very well succeed with this, but you should be aware that it is not a valid use of the tourist visa and so it is not without risk. Link to comment Share on other sites More sharing options...
boganbear Posted March 22, 2015 Share Posted March 22, 2015 You must have lived together for 12 months before lodging your application. Don't bother with an agent as partner visas are relatively simple. There is a lot of paperwork but if you read the partner visa booklet it is a doddle. The wait is the problem. I wouldn't go on a tourist visa as there are too many things that can go wrong. Just be patient and the visa will get granted. It does annoy me how some people use the tourist visa route to effectively jump the queue. Link to comment Share on other sites More sharing options...
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