Leah Rebecca Posted May 4, 2015 Share Posted May 4, 2015 Hi I wondered if someone could help me please. I'm from England and i've been with my Australian partner for over a year. We live together and are expecting a baby in October. Is it the above visa I will be needing to apply for or would it be another Visa ? Thanks Link to comment Share on other sites More sharing options...
Bungo Posted May 4, 2015 Share Posted May 4, 2015 Where do you live now and how long have you been living together? Link to comment Share on other sites More sharing options...
Ozmaniac Posted May 5, 2015 Share Posted May 5, 2015 Hi I wondered if someone could help me please. I'm from England and i've been with my Australian partner for over a year. We live together and are expecting a baby in October. Is it the above visa I will be needing to apply for or would it be another Visa ? Thanks If you've actually been living with your partner in a marriage-like de facto relationship for at least 12 months, you apply for a Partner visa which will be an offshore 309/100 if you apply from the UK or elsewhere outside Australia or an onshore 820/801 if you come to Australia on a Visitor visa and apply here. There is no separate de facto visa. Married, de facto and same sex couples all apply for the same visa and the only difference is that de facto and same sex couples must meet the One-Year Relationship requirement whereas there is no length of relationship requirement for married couples. http://www.immi.gov.au/Visas/Pages/309-100.aspx Offshore Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100) http://www.immi.gov.au/Visas/Pages/801-820.aspx Onshore Partner visa (subclasses 820 and 801) http://www.immi.gov.au/forms/Documents/1127.pdf Partner Migration booklet http://www.immi.gov.au/media/fact-sheets/35relationship.htm The One-Year Relationship requirement Link to comment Share on other sites More sharing options...
Killara Posted May 5, 2015 Share Posted May 5, 2015 Hi I wondered if someone could help me please.I'm from England and i've been with my Australian partner for over a year. We live together and are expecting a baby in October. Is it the above visa I will be needing to apply for or would it be another Visa ? Thanks Follow the links which @Ozmaniac has provided in the post above and read the material. That is the best place to start. The only thing that I would add is that if you are in Australia and living together for less than a year, then you may still be able to apply for a partner visa if: (a) you have registered your relationship; OR (b) you can demonstrate compelling and compassionate circumstances. Having an Australian-citizen child of the relationship is relevant to the consideration of whether compelling and compassionate circumstances exist, and a partner visa can be granted even where the de facto relationship has existed for less than 12 months and is not a registered relationship, if DIBP are satisfied that compelling and compassionate circumstances exist. Australia has the obligation to consider the best interests of the child. Please note that pregnancy however does not of itself amount to compelling and compassionate circumstances. You should consider discussing your case with a registered migration agent so that you can get advice tailored to your particular circumstances. Link to comment Share on other sites More sharing options...
Leah Rebecca Posted May 5, 2015 Author Share Posted May 5, 2015 We both live in tewantin on the Sunshine Coast and have been living in the house together since September Link to comment Share on other sites More sharing options...
Ozmaniac Posted May 5, 2015 Share Posted May 5, 2015 You haven't lived together for long enough to meet the One-year Relationship requirement so that you can apply as a de facto partner but as @Killara has explained, you may be eligible for a waiver of the requirement if you can demonstrate compelling and compassionate circumstances. It will however be easier to get an exemption if you register your relationship in Queensland but you can only do so if neither of you is married to someone else. If you can register your relationship, you will still need to provide evidence that yours is a 'genuine and continuing relationship (even legally married couples must do that), but it provides an exemption from the One-year Relationship requirement without the need to prove compelling circumstances. See dot point #2 under Exemptions from the one year relationship requirement on the 4th link in my post above. https://www.qld.gov.au/law/births-deaths-marriages-and-divorces/marriage-weddings-and-registered-relationships/registered-relationships/registering-a-relationship/ Registering a relationship in Queensland Link to comment Share on other sites More sharing options...
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