Trisha Blanco Posted February 15, 2015 Share Posted February 15, 2015 My boyfriend got banned in Australia for 3years due to not leaving after 28days after his visa expired. We have been together for 10months but we never lived together due to my schooling. He's 24 im 18. We are not ready for marriage so we wont apply the Prospective Marriage Visa. We can't apply the Partner visa yet because we didn't live together and didn't have joint bank accounts. So so if I go to Italy this May we will be then together for 13months. I'm planning to go as a tourist and will stay there for 3months. I will live with him there, share expenses and he even is paying half my ticket. Is that considered? Will we be then able to apply a Partner Visa? Is joint bank account really required? What else? Will me be going to Italy be helpful in partner visa? What does sharing expenses really mean or financial expenses. Sorry ry for all the questions but I hope someone will be able to help Link to comment Share on other sites More sharing options...
Trisha Blanco Posted February 15, 2015 Author Share Posted February 15, 2015 And also I will be helping in paying bills as I stay there Link to comment Share on other sites More sharing options...
engaus Posted February 15, 2015 Share Posted February 15, 2015 If you are not ready to get married, then you will need to be in a defacto relationship for 12 months. 3 months is not long enough. The ONLY way to waive the 12 month requirement is to get married or see if you are eligible to register your relationship with a state in Australia that allows it (although if you are not ready to get married you should ensure you understand what it means to legally register your relationship with someone). The immigration department consider a couple as being in a defacto relationship from the time they start living together. It is ok to have times of temporary separation after living together for a substantial amount of time but you will need to keep in contact and maintain the defacto relationship. To meet the requirements you will need to ensure you have evidence in all 4 categories. Sharing finances is just one of those 4 categories. Have a read of this document, it is slightly outdated in some sections but will still give you a good idea of the process and what kind of evidence you need to provide: http://www.immi.gov.au/allforms/pdf/1127.pdf Sharing finances doesn't mean that you need a joint account (although that is a great form of showing joint finances). It can mean having separate accounts but perhaps you pay for certain things in the household and your partner pays for the other. E.g you pay for groceries some one week, he pays the next week, you pay for the water bill, he pays for the power bill. Once thing to keep in mind is that being in a de facto relationship is pretty much the same as being married - just without the certificate. So you need to combine your lives. Any time prior to you moving in together will be considered are dating and not being in a defacto relationship. Link to comment Share on other sites More sharing options...
scattley Posted February 15, 2015 Share Posted February 15, 2015 You will need to be with him in Italy until after you have turned 19. If I recall your previous questions....you are still under 18 and so are not considered to be in an adult relationship with him yet. A defacto visa is the same as a marriage one in that your level of relationship is the same but you are either same sex or don't believe in the religious aspect of marriage. Saying that you are not ready for marriage means that this is still a boyfriend and girlfriend situation. Until you are ready to make the same commitment as a defacto including (and this is a good test) if you were to go to Italy and have a car accident.....who would pay your hospital bills? Who would determine whether they turn off your life support? Who would organise and pay for your funeral? The answer to these questions cannot be your parents but your partner....is he will and ready to be put in that situation for you? Link to comment Share on other sites More sharing options...
blossom Posted February 15, 2015 Share Posted February 15, 2015 I don't believe there are any options for you while he has the three year ban. You can get in with it, but you must apply for a perminent visa. The partner visas would all be temporary to start with. The only option I can see for you is if he has a job on the sol or csol and can apply for PR in his own right. Link to comment Share on other sites More sharing options...
engaus Posted February 15, 2015 Share Posted February 15, 2015 I don't believe there are any options for you while he has the three year ban. You can get in with it, but you must apply for a perminent visa. The partner visas would all be temporary to start with. The only option I can see for you is if he has a job on the sol or csol and can apply for PR in his own right. Partner visas are exempt from the 3 year ban. The 309 or 820 although temporary are the counted as part of the permanent partner application. Link to comment Share on other sites More sharing options...
Quinkla Posted February 15, 2015 Share Posted February 15, 2015 So so if I go to Italy this May we will be then together for 13months. I'm planning to go as a tourist and will stay there for 3months. I will live with him there, share expenses and he even is paying half my ticket. Will we be then able to apply a Partner Visa? Is joint bank account really required? What else? Will me be going to Italy be helpful in partner visa? For a defacto partner visa, you have to have lived together (normally for at least 12 months) and be able to demonstrate that your relationship is a marriage in all but name (which puzzles me why so many people who want a defacto visa claim they are not ready for marriage). A joint bank account is not necessary but can be useful in demonstrating shared finances. The 3 year ban does not disqualify you from getting a partner visa but it would presumably have a bearing on the character test. For that reason, you might be well advised to take on a migration agent. Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 15, 2015 Share Posted February 15, 2015 Hi - I see you took my advice about coming to Pomsinoz. You should get yourself a working holiday visa for Italy. That will allow you to live with him for 12 months and then he will be able to apply for a Partner visa on the basis of your de facto relationship. Check pages 'Evidence that your relationship is genuine' on 39-41 of the Partner Migration booklet for the types of evidence you should be accumulating during the 12 months to be included in his application. You don't necessarily need a joint account but if yours is to be a genuine marriage-like de facto relationship (rather than just gf/bf) having a joint account shouldn't be a problem. If it is a problem, then it's worth asking if you both have the level of commitment that immigration are looking for in your relationship. http://www.ambcanberra.esteri.it/NR/rdonlyres/6D945226-4518-4200-86BA-C9FF65683FC8/2181/Infoworkingholidayvisa2011.pdf Working holiday in Italy for Australian citizens http://www.immi.gov.au/allforms/pdf/1127.pdf Partner Migration booklet Link to comment Share on other sites More sharing options...
Trisha Blanco Posted February 16, 2015 Author Share Posted February 16, 2015 But since we started our relationship we have been supporting each other financially, like I buy him groceries, i cook for him he cooks for me, I sometimes paid half of his rent to where he was renting due to my staying there, we have a lot of witnesses to prove all this, his family in italy knows me, we usually always spend money on each other most especially about his/my living expenses. Also the reason we didn't live together is because he couldn't afford it, and I live an hour away from him and my college was at my home, but we see each other everyday he travels to my house or I travel to his EVERYTIME after his work or my schooling. Is is it easy getting a working holiday visa in italy? I heard not really? I'm only able to get the working visa if I'm already hired right? Plus I don't have a Australian passport yet, but I am a permanent resident. Link to comment Share on other sites More sharing options...
blossom Posted February 16, 2015 Share Posted February 16, 2015 But since we started our relationship we have been supporting each other financially, like I buy him groceries, i cook for him he cooks for me, I sometimes paid half of his rent to where he was renting due to my staying there, we have a lot of witnesses to prove all this, his family in italy knows me, we usually always spend money on each other most especially about his/my living expenses. Also the reason we didn't live together is because he couldn't afford it, and I live an hour away from him and my college was at my home, but we see each other everyday he travels to my house or I travel to his EVERYTIME after his work or my schooling. Is is it easy getting a working holiday visa in italy? I heard not really? I'm only able to get the working visa if I'm already hired right? Plus I don't have a Australian passport yet, but I am a permanent resident. If you travel to his every day, why are you not living together? Surely it would have been cheaper to rent just one place together rather than two separate ones? My drive to work is an hour each way, it's not unusual. Why would you not just live together and set off for school earlier in the morning? These are questions immigration would be asking a married couple, and by applying for a Defacto visa you are stating that in all but paper you are married. From your description you are not in a Defacto relationship. The things you describe are all normal when dating. I know it's not what you want to hear, but it's how immigration are going to see it. And it's a hell of a lot of money to loose if you apply and your visa is refused. Link to comment Share on other sites More sharing options...
scattley Posted February 16, 2015 Share Posted February 16, 2015 If you travel to his every day, why are you not living together? Surely it would have been cheaper to rent just one place together rather than two separate ones? My drive to work is an hour each way, it's not unusual. Why would you not just live together and set off for school earlier in the morning?These are questions immigration would be asking a married couple, and by applying for a Defacto visa you are stating that in all but paper you are married. From your description you are not in a Defacto relationship. The things you describe are all normal when dating. I know it's not what you want to hear, but it's how immigration are going to see it. And it's a hell of a lot of money to loose if you apply and your visa is refused. I think a major issue is her age. She is still only 17 so we can assume she was in high school when the relationship started and she is possibly still in high school now. That reinforces you are only by/gf. Try telling us what you have done that is not akin to being a serious dating couple who are not engaged but sleeping together? Nothing you have indicated is anything other than normal dating behaviour. Link to comment Share on other sites More sharing options...
Nemesis Posted February 16, 2015 Share Posted February 16, 2015 But since we started our relationship we have been supporting each other financially, like I buy him groceries, i cook for him he cooks for me, I sometimes paid half of his rent to where he was renting due to my staying there, we have a lot of witnesses to prove all this, his family in italy knows me, we usually always spend money on each other most especially about his/my living expenses. Also the reason we didn't live together is because he couldn't afford it, and I live an hour away from him and my college was at my home, but we see each other everyday he travels to my house or I travel to his EVERYTIME after his work or my schooling. Is is it easy getting a working holiday visa in italy? I heard not really? I'm only able to get the working visa if I'm already hired right? Plus I don't have a Australian passport yet, but I am a permanent resident. If you are an Australian permanent resident, not a citizen then your visa/working rights for Italy will depend on what passport you hold. If you're not Australian, what nationality are you? Link to comment Share on other sites More sharing options...
Trisha Blanco Posted February 17, 2015 Author Share Posted February 17, 2015 I've got all the information sorted thanks to @Ozmaniac anyway, I am planning to register my relationship with my boyfriend at the BDM. He got a re entry ban for 3years as of last Saturday and doing our best for him to come back. my question is, after we register our relationship and we get approved, will we then be applicable to apply for partner visa? The registration covers up the 12month defacto exemption. And also, will they possible rejection our partner visa application of I'm currently a full time student? I'm 18. And no job but looking for one. Is that gonna matter when we apply for partner visa? That's the only thing I'm scared of. And does anybody know how long it takes usually to process application for partner visa Link to comment Share on other sites More sharing options...
lebourvellec Posted February 17, 2015 Share Posted February 17, 2015 If he has a ban and not in Australia you will not be able to register your relationship as you both need to be present in Australia to do this. Offshore processing is now around 12 months for new applications onshore is around 15months. Link to comment Share on other sites More sharing options...
scattley Posted February 17, 2015 Share Posted February 17, 2015 I've got all the information sorted thanks to @Ozmaniac anyway, I am planning to register my relationship with my boyfriend at the BDM. He got a re entry ban for 3years as of last Saturday and doing our best for him to come back. my question is, after we register our relationship and we get approved, will we then be applicable to apply for partner visa? The registration covers up the 12month defacto exemption. And also, will they possible rejection our partner visa application of I'm currently a full time student? I'm 18. And no job but looking for one. Is that gonna matter when we apply for partner visa? That's the only thing I'm scared of. And does anybody know how long it takes usually to process application for partner visa Trish. You fail to understand what is required for the types of partner visas you are looking at. You are not an adult yet (your other posts indicate you are at school and 17) and as such you cannot register your relationship or do anything that will help your boyfriend (he is not your partner) stay here. He will have to leave the country and look at skilling himself to apply for a visa in his own right. Have you spoken to a lawyer regarding what it means to register your relationship? You then are no longer your parents responsibility (your health insurance stops - its covered by your parents if you are in study and single until mid 20s). Your bf is then responsible for your living costs (not your parents), you loose soo many financial securities that you have now and when you do breakup (which is highly likely) in the future, you are treated as being married and so he gets half or more of what you have accumulated including your savings etc. It might not be much at your young age but the big thing is that if he does leave the country....and has a credit card or other debts...they are now yours and it could take you 10 years to recover. Registering a relationship is not something to do on the spur of the moment which is what you are trying to do. Even if you were over 18 and wished to do this, he is banned and will have to wait off shore until (and if) the visa is granted. Given your young age the application is going to be looked at strongly as it just smells off. Link to comment Share on other sites More sharing options...
Trisha Blanco Posted February 17, 2015 Author Share Posted February 17, 2015 Trish. You fail to understand what is required for the types of partner visas you are looking at. You are not an adult yet (your other posts indicate you are at school and 17) and as such you cannot register your relationship or do anything that will help your boyfriend (he is not your partner) stay here. He will have to leave the country and look at skilling himself to apply for a visa in his own right. Have you spoken to a lawyer regarding what it means to register your relationship? You then are no longer your parents responsibility (your health insurance stops - its covered by your parents if you are in study and single until mid 20s). Your bf is then responsible for your living costs (not your parents), you loose soo many financial securities that you have now and when you do breakup (which is highly likely) in the future, you are treated as being married and so he gets half or more of what you have accumulated including your savings etc. It might not be much at your young age but the big thing is that if he does leave the country....and has a credit card or other debts...they are now yours and it could take you 10 years to recover. Registering a relationship is not something to do on the spur of the moment which is what you are trying to do. Even if you were over 18 and wished to do this, he is banned and will have to wait off shore until (and if) the visa is granted. Given your young age the application is going to be looked at strongly as it just smells off. I know I'm 17 im just saying im 18 cause I'll be 18 in 10 days.The other option we have is, me and my boyfriend might go t dubai and be a de-facto for 12months maybe even more. I will be applying there as a student visa. Also because my mom is a resident in dubai. My boyfriend will apply a job there in fact my stepdad who is also italian is able to help him. After 12months or so, would we then be most likely eligible to apply for a partner visa? Probably after I turn 19 next year? We will be living together in dubai and stuff Link to comment Share on other sites More sharing options...
lebourvellec Posted February 17, 2015 Share Posted February 17, 2015 I know I'm 17 im just saying im 18 cause I'll be 18 in 10 days.The other option we have is, me and my boyfriend might go t dubai and be a de-facto for 12months maybe even more. I will be applying there as a student visa. Also because my mom is a resident in dubai. My boyfriend will apply a job there in fact my stepdad who is also italian is able to help him. After 12months or so, would we then be most likely eligible to apply for a partner visa? Probably after I turn 19 next year? We will be living together in dubai and stuff do you understand the rules and laws in the Middle East regarding un-married couples living together? Link to comment Share on other sites More sharing options...
scattley Posted February 17, 2015 Share Posted February 17, 2015 do you understand the rules and laws in the Middle East regarding un-married couples living together? Yes you do and will go to Prison if you are living with someone you are not married to. There is no way you can meet the defacto criteria in Dubai. Their laws are stringent and do apply to foreigners. Your parents will loose their own visa and jobs if you do this. The owners of the apartment buildings are required by law to report any unmarried couples spending time overnight in the same apartment Link to comment Share on other sites More sharing options...
blossom Posted February 17, 2015 Share Posted February 17, 2015 Yes you do and will go to Prison if you are living with someone you are not married to. There is no way you can meet the defacto criteria in Dubai. Their laws are stringent and do apply to foreigners. Your parents will loose their own visa and jobs if you do this. The owners of the apartment buildings are required by law to report any unmarried couples spending time overnight in the same apartment Totally. That is not an option for you. Where is your boyfriend from? Link to comment Share on other sites More sharing options...
Quinkla Posted February 17, 2015 Share Posted February 17, 2015 The way to be together is for your boyfriend to marry you in Italy and then you can apply for a partner visa and live together in Italy (assuming he is Italian). Once you are living together in Italy as husband and wife, you can sponsor him for an Australian partner visa if you wish. This takes over a year to process and then you would both be able to live in Australia. The fact that your boyfriend breached his previous visa conditions is what forces you to emigrate to be with him. There is a learning point. Link to comment Share on other sites More sharing options...
wrussell Posted February 17, 2015 Share Posted February 17, 2015 The exclusion period does not apply to a subclass 300 application. The OP should consult a registered migration agent. Link to comment Share on other sites More sharing options...
Quinkla Posted February 17, 2015 Share Posted February 17, 2015 The exclusion period does not apply to a subclass 300 application. The OP should consult a registered migration agent. The exclusion period doesn't apply once the visa is granted, but it does apply whilst it is being processed, doesn't it? In other words, the OP's boyfriend would not be able to come to Australia on a tourist visa immediately after applying. Link to comment Share on other sites More sharing options...
Raul Senise Posted February 17, 2015 Share Posted February 17, 2015 The exclusion period doesn't apply once the visa is granted, but it does apply whilst it is being processed, doesn't it? In other words, the OP's boyfriend would not be able to come to Australia on a tourist visa immediately after applying. The exclusion period is not relevant to a subclass 300 visa application. It is relevant to a tourist visa application. They are two separate issues. Link to comment Share on other sites More sharing options...
Quinkla Posted February 17, 2015 Share Posted February 17, 2015 The exclusion period is not relevant to a subclass 300 visa application. It is relevant to a tourist visa application. They are two separate issues. Precisely my point. Link to comment Share on other sites More sharing options...
Chillers Posted February 18, 2015 Share Posted February 18, 2015 Just to put things in perspective for you. This the evidence we used for a temporary resident defacto visa. 4 Page statement about our relationship signed by both of usJoint Account Statements Joint Electrical Bills Separate Internet Bills with same address Separate Telephone Bills with same address Stat Decs (Form 888) from two people we both know Car insurance with both names listed as drivers Cards from Family Valentines and birthday Cards Wedding invitations Bills from several Holidays we had been on (Some of these did not include both names) We sent them a copy of our whatsapp messages together throughout a full year period (over 50 pages of text) Over 50 photos dated with locations. I honestly don't see immigration turning a blind eye to his 3 year ban unless you can prove financially that you're a de-facto couple not just a couple. He shot himself in the foot the moment he overstayed. Your visa application will come under a huge amount of scrutiny and may effect his character requirements. Link to comment Share on other sites More sharing options...
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