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820 Partner Visa clarification


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Hi guys,

 

I am considering applying for the 820 Partner Temporary Visa with a view to having this become a Permanent Visa 801 after two years time. I was going through the criteria for this Visa.

 

I am a little concerned though because one of the criteria stipulates that I must live together with my partner. In my current situation I have been with my current partner for two years here in Sydney, however because he is still a student and not earning an income he is currently living at home with his parents. But he effectively spends alot of time here in my place, but on my income I couldn't really afford to find something that would be sufficient for the both of us.

 

We are happy with the arrangement as is but would obviously want to move in together when the time is right financially, that is the only reason holding us back. For reference he is 27 and I am 26.

 

Do you think this is going to have any impact on our application, ... I'm really hoping not! Just thought I would ask for your opinions first.

 

Thanks!

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You would not be considered to be in a defacto relationship in the eyes of DIBP as what you describe DIBP state that you are dating.

 

You would not meet the 12 month relationship requirement, even if you registered your relationship.

 

Prob best to peruse other options for PR if you are not able to live together.

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Hi guys,

 

I am considering applying for the 820 Partner Temporary Visa with a view to having this become a Permanent Visa 801 after two years time. I was going through the criteria for this Visa.

 

I am a little concerned though because one of the criteria stipulates that I must live together with my partner. In my current situation I have been with my current partner for two years here in Sydney, however because he is still a student and not earning an income he is currently living at home with his parents. But he effectively spends alot of time here in my place, but on my income I couldn't really afford to find something that would be sufficient for the both of us.

 

We are happy with the arrangement as is but would obviously want to move in together when the time is right financially, that is the only reason holding us back. For reference he is 27 and I am 26.

 

Do you think this is going to have any impact on our application, ... I'm really hoping not! Just thought I would ask for your opinions first.

 

Thanks!

 

For the partner visa you have to demonstrate that you are either married or are married in all but name. Married couples do not live apart to save money and sometimes one partner will support the other too. Your situation is therefore definitely not at the defacto stage yet and it eould be unwise to lodge an application in my view. What visa are you on now? Is there any Rush to get a different visa sorted out?

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IMMI will only start to consider you in a defacto relationship when you begin living together. You can have times of "temporary" separation after this but living in the same city and having two different households isn't defacto - IMMI would say you are only dating. Can you not move in with him? I did this for 12 months with my partner, we also went through a point in Melbourne where he had no job, I was on min wage and was supporting us both whilst living in a share house. Would either of those e.g moving into a share house or moving in with his parents be an option? Could he not get a job? So he has a small income?

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