debgav Posted February 11, 2015 Share Posted February 11, 2015 I have a PR in OZ. I'm currently in the UK and returning back to OZ in a couple of months. My partner of 6 months wants to come with me. I am eager to return but don't want to leave him behind. I have spoken to 2 migration officers on the best way to get him over there but they haven't been very helpful. Does anyone have any advice? Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 11, 2015 Share Posted February 11, 2015 The easiest way would be if he is under 31 and eligible for a Working Holiday visa. If that isn't possible, and if he isn't eligible for a skilled work visa, the only way to get him to Australia for any longer than a few months as a non-working visitor is if you can sponsor him for a Partner visa of some kind. If you can provide a bit more info, we may be able to make some suggestions. Do you intend marrying in the fairly near future? From earlier posts, I know you're divorced but is he currently married to someone else? In what state do you intend living? Link to comment Share on other sites More sharing options...
debgav Posted February 11, 2015 Author Share Posted February 11, 2015 My partner is 41, and we have booked our wedding for December 2016. He would like to study nursing over there but were not sure if he dies that if we can still apply for a de facto visa if he has a student one. We will be living in Queensland. Link to comment Share on other sites More sharing options...
debgav Posted February 11, 2015 Author Share Posted February 11, 2015 Does not dies. Ahhh predictive text. Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 11, 2015 Share Posted February 11, 2015 He can't apply for a Partner visa unless he meets the requirements to be considered as your partner. You must either be legally married OR have been in a de facto relationship for at least 12 months OR (and this one might be your best bet) if your relationship has been registered in one of the states with a Relationship Register (and Queensland is one of them). So, if you don't want to marry until late 2016, you can wait until you've lived together for 12 months or you can move to Queensland (he would come on a 3 month eVisitor), register your relationship and then apply for an onshore 820/801 Partner visa. He would then be granted a Bridging visa A that would allow him to stay in Australia with unrestricted work rights until a decision is reached on his 820/801 application. The BV will only take effect when his eVisitor expires so it would mean not working for 3 months but if that's manageable, it gets him to Australia quickly with work rights for most of the time his visa application is being processed. Link to comment Share on other sites More sharing options...
engaus Posted February 11, 2015 Share Posted February 11, 2015 Have you been living as defacto partners for the 6 months you have been together? E.g living together, sharing your finances? If you have, and have solid evidence of this, you could have him fly over on a visitor visa (as has been suggested), register your relationship and apply for a partner visa straight away to get the ball rolling as it's a 12-15 month waiting time at the moment. Once you have applied for the partner visa you partner could begin studying. Keep in mind that you will pay international student fees at first, which is a huge cost. It wont be till he is a citizen that he would be eligible for any kind of HELP student loan. Also note that the onshore partner visa is $6865 + a few hundred for a health check + cost of police checks. Link to comment Share on other sites More sharing options...
blossom Posted February 11, 2015 Share Posted February 11, 2015 And check the requirements for registering a relationship in your state. Some you have to have been living there for xx time before hand. International fees would last until he had PR, and as the partner visa is a temp one for two years, it would be for the full course. That will be a fair cost. Link to comment Share on other sites More sharing options...
debgav Posted February 11, 2015 Author Share Posted February 11, 2015 So if he applies for a visitor visa , once over there he can apply for a de facto? Can he actually stay in OZ while all this is going through or will he have to leave? Link to comment Share on other sites More sharing options...
blossom Posted February 11, 2015 Share Posted February 11, 2015 You can only apply for the Defacto on the visitor visa IF you have been living together a year, or you have registered your relationship in the state you will live in. Not all states allow you to register your relationship, and some say one of you must have lived in that state for a year before, so Google the state to check their regulations first. Link to comment Share on other sites More sharing options...
CollegeGirl Posted February 12, 2015 Share Posted February 12, 2015 And yes - once you apply for a Spouse Visa while he's onshore on a tourist visa, he'll be automatically issued a Bridging Visa A, which will activate once his current stay on his visitor visa is up. Once that happens, he'll have full work & study rights. He will be able to stay legally in Aus with work rights/study rights for the full processing time of the visa. He will also be able to get a temporary Bridging Visa B should he need to leave the country temporarily for any reason during that time. Just a note: tourist visas are not intended to be used to get someone onshore to apply for a partner visa. Make sure he is coming to Australia AS A TOURIST (i.e., doesn't have all his worldly possessions with him, nor all the documents you need to apply for a partner visa, nor a copy of his CV, etc.) with him when he comes over. Once he is in Australia, it is perfectly allowable to decide to stay and to apply for a Partner Visa from a tourist visa. That just can't be your intention when he flies over and enters the country. Link to comment Share on other sites More sharing options...
wrussell Posted February 12, 2015 Share Posted February 12, 2015 if we can still apply for a de facto visa if he has a student one Depends on the conditioons imposed on the student visa. Link to comment Share on other sites More sharing options...
debgav Posted March 30, 2015 Author Share Posted March 30, 2015 I initially went to OZ on my husbands visa and we are now divorced. I was granted permanent residency but am i still allowed to apply for a de factor visa for my new partner??? Link to comment Share on other sites More sharing options...
Sammy1 Posted March 30, 2015 Share Posted March 30, 2015 Just be aware of the fees involved for study as an international student - they are huge. If he has PR then he would pay domestic fees which are cheaper,however, loans are not available from the government for non citizens. Just good to have all of the information in front of you so that you can make an informed decision regarding study. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted March 30, 2015 Share Posted March 30, 2015 I initially went to OZ on my husbands visa and we are now divorced. I was granted permanent residency but am i still allowed to apply for a de factor visa for my new partner??? Assuming your ex-husband didn't sponsor you for a partner visa within the past 5 years (so you instead came as his dependent on a skilled migrant visa for example), then yes you can sponsor your new partner. Link to comment Share on other sites More sharing options...
Ozmaniac Posted March 30, 2015 Share Posted March 30, 2015 I initially went to OZ on my husbands visa and we are now divorced. I was granted permanent residency but am i still allowed to apply for a de factor visa for my new partner??? I see from your posts of a few years ago that you gained your PR as a secondary applicant on your then husband's skilled immigration visa rather than on a Partner visa. That means that there is nothing to prevent you from sponsoring a partner on a Partner visa provided they meet the partnership eligibility requirements. Link to comment Share on other sites More sharing options...
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