DanJay28 Posted February 16, 2016 Share Posted February 16, 2016 Hey, So i'll try explain in as much detail my situation, I will appreciate any help you guys can give me. I arrived early September 2015 from the UK on a working holiday visa with the intention of finding full time work and obtaining a sponsorship to stay in the country. My cousin went down this route but is now in a job he doesn't really like for the next 2 years, so i'm inclined to steer away from this route. Fortunately within the first 2 months I met my current girlfriend who is an Australian citizen. The relationship is great and we are both very happy, but the worry of how I will stay in the country is starting to creep in. My 2 options as far as i'm aware at the moment are: - Temporary Partner Visa - 2nd Year Working Holiday Visa With the temporary partner visa I am conscious that the relationship needs to have been on going for 12 months before the application is sent, in our case the relationship will only be 10 months old, are these just guidelines or is there no point in even considering applying for this visa on these grounds? To takes steps towards applying for this visa we are taking the following steps: - Setting up joint bank account - Registering relationship with QLD Government - Registering cars in both of our names - Intension to travel to Melbourne together - Collating photographic evidence of relationship and joint friendships - Plans to move in together for the remainder of my visa If there is any more steps that we should take from past experience we would love to know. The other option to give us another 12 months to build our case is for me to do 88 days of specified regional work. I live on the Gold Coast therefore would need to move away as finding any work that meets the requirements around here is proving very difficult. I blame this on the rule changes in December of last year where workers have to be paid at least minimum wage for any work they done, I assume it was put in place to protect workers but at the same time it has made the availability of jobs very slim as employers cannot afford to pay the workers. I did find some specified work up on the Sunshine Coast within an eligible postcode, but i was forced to leave as the employer did not have the money to pay me at least minimum wage, therefore I would not have sufficient evidence for immigration that I had completed the work. So our dilemma is - do I look for more specified work to get us more time to build our case, or do we commit to the de facto visa and move in together as soon as possible? Any help and post experiences I will be very grateful for. Cheers, Dan & Ris Link to comment Share on other sites More sharing options...
Quinkla Posted February 17, 2016 Share Posted February 17, 2016 You could get married. Link to comment Share on other sites More sharing options...
DanJay28 Posted February 17, 2016 Author Share Posted February 17, 2016 You could get married. That's always an option and something we have spoken about. Link to comment Share on other sites More sharing options...
ramot Posted February 17, 2016 Share Posted February 17, 2016 My daughter was in a similar situation. Met her partner literally on her first day in Sydney when on a WHV. They registered as a de facto couple 9 months later which was granted, then applied for 820 partner visa, before the year was up. I think you can register as a de facto couple in QLD They are still together over 4 years later. I get the feeling that fewer young people get married these days, don't ask me why, as I don't see the difference as a de facto couple, but what do I know!!! Should add that apparently if your de facto relationship is granted, it supersedes the the 12 month living together rule, so you can apply for the 820 sooner, but you must have plenty of proof of your committed life together. Link to comment Share on other sites More sharing options...
DanJay28 Posted February 17, 2016 Author Share Posted February 17, 2016 Good for her, we are going to register the relationship this evening as well as set up a joint bank account. From what I have read, the difference between de facto and marriage is the fact you don't have to have lived together for Prospective Marriage visa. Link to comment Share on other sites More sharing options...
Isabelj28 Posted February 17, 2016 Share Posted February 17, 2016 Do your 2nd year WHV and build up more evidence... It's a lot of money/stress to apply for the visa and then not be granted because the dept don't believe your relationship to be genuine... Link to comment Share on other sites More sharing options...
DanJay28 Posted February 17, 2016 Author Share Posted February 17, 2016 Do your 2nd year WHV and build up more evidence... It's a lot of money/stress to apply for the visa and then not be granted because the dept don't believe your relationship to be genuine... That was the plan, but finding the specified work is proving more difficult than expected now you have to provide payslips. Baffles me why there is no government run website where these jobs are posted. Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted February 17, 2016 Share Posted February 17, 2016 Do your 2nd year WHV and build up more evidence... It's a lot of money/stress to apply for the visa and then not be granted because the dept don't believe your relationship to be genuine... I also think this would be a better option. Link to comment Share on other sites More sharing options...
ramot Posted February 17, 2016 Share Posted February 17, 2016 My daughter was in a similar situation.Met her partner literally on her first day in Sydney when on a WHV. They registered as a de facto couple 9 months later which was granted, then applied for 820 partner visa, before the year was up. I think you can register as a de facto couple in QLD They are still together over 4 years later. I get the feeling that fewer young people get married these days, don't ask me why, as I don't see the difference as a de facto couple, but what do I know!!! Should add that apparently if your de facto relationship is granted, it supersedes the the 12 month living together rule, so you can apply for the 820 sooner, but you must have plenty of proof of your committed life together. Should have added age age was against my daughter, hence doing it within the first year. Link to comment Share on other sites More sharing options...
Isabelj28 Posted February 17, 2016 Share Posted February 17, 2016 That was the plan, but finding the specified work is proving more difficult than expected now you have to provide payslips. Baffles me why there is no government run website where these jobs are posted. Theres plenty of regional work available, but maybe not locally, you may have to travel to get this. Then document anything and everything you're doing to maintain your relationship. It will be a case of short term pain for long term gain. Link to comment Share on other sites More sharing options...
Nemesis Posted February 17, 2016 Share Posted February 17, 2016 Good for her, we are going to register the relationship this evening as well as set up a joint bank account. From what I have read, the difference between de facto and marriage is the fact you don't have to have lived together for Prospective Marriage visa. To get a Prospective Marriage Visa (fiance) you need to be offshore, and make a commitment to marry within 9 months, but no, you don't have to live together first. You can get a visa on the grounds of marriage without needing the fiance visa first. Registering your relationship also removes any need to live together beforehand - you wil not have to prove 12 months de facto if you have the registration Link to comment Share on other sites More sharing options...
Guest Posted February 17, 2016 Share Posted February 17, 2016 Agree with the above. If you are in a state where you can register your relationship then this waives the 12 month defacto timeframe. However you will need to have other evidence of a shared life together. So continue collecting evidence, live together and everything else a while longer and lodge when you are ready. If you don't register the relationship you will need the full 12 month de facto before lodging. Link to comment Share on other sites More sharing options...
Adam from Vista Financial Posted February 17, 2016 Share Posted February 17, 2016 That was the plan, but finding the specified work is proving more difficult than expected now you have to provide payslips. Baffles me why there is no government run website where these jobs are posted. Hi, I found this website useful back when I was looking for work to get my 2nd year https://jobsearch.gov.au/Job Link to comment Share on other sites More sharing options...
Chillers Posted February 17, 2016 Share Posted February 17, 2016 I also met my gf whilst out here, she was on a 457 sponsorship and i eventually applied to be a defacto on her visa after being together just after a year If i were you i'd get your 3 months agricultural work done so you can apply for a second year, allowing you more time to gather evidence. Whilst things may seem dandy now, remember things are at an early stage and the relationship may not pan out in the long run especially if you have not yet lived together and got to know each others flaws. Don't rush into marriage simply for a visa, not only would this be an unnecessary extra cost it probably wouldn't come across to well with her family and immigration may be skeptical about the lack of relationship prior to your marriage. Don't panic and don't rush into marriage. You have the luxury of time so use it. Do the agricultural work get your second year, you're in queensland, there are tonnes of these jobs available there. Move in together, get joint lease and bills in each others names. Collect receipts and travel documents for places you traveled together, use pictures from these trips as further proof. Name each other on the car insurance. Keep invites and cards from family with both your names on Register the relationship. Write a will including one another. Start logging important dates and details about when and how you met, where you traveled together, times where emotional or monetary support was needed from each other as well as daily activities around the household and hobbies you both may share. At the end you will be expected to write a few pages about your relationship and to date when your defacto relationship started (we dated it as the day we moved in together) Keeping notes of these dates will save you a headache in the future trust me! I've been there! Link to comment Share on other sites More sharing options...
Quinkla Posted February 17, 2016 Share Posted February 17, 2016 Don't rush into marriage simply for a visa, not only would this be an unnecessary extra cost it probably wouldn't come across to well with her family and immigration may be skeptical about the lack of relationship prior to your marriage. How odd that actual marriage would be seen as rushed and problematic when instead it will be claimed that the relationship is so strong and long-established that it is a marriage in all but name. Link to comment Share on other sites More sharing options...
Chillers Posted February 17, 2016 Share Posted February 17, 2016 How odd that actual marriage would be seen as rushed and problematic when instead it will be claimed that the relationship is so strong and long-established that it is a marriage in all but name. Whilst marriage is a binding document and may prove the relationship to be a strong one, it's apparent that the couple would be marrying for the visa and are clearly not ready for marriage if they have not had to deal with the stresses of life and general circumstances when living together. Of course this is my own opinion i don't know the ins and outs of the relationship but i'm only going off what I've been reading, it could cause tensions in the family or even between one another. Why rush a marriage when they have the time to decide if that is what they truly want? Link to comment Share on other sites More sharing options...
Quinkla Posted February 17, 2016 Share Posted February 17, 2016 Whilst marriage is a binding document and may prove the relationship to be a strong one, it's apparent that the couple would be marrying for the visa and are clearly not ready for marriage if they have not had to deal with the stresses of life and general circumstances when living together. But if they are clearly not ready for marriage, how can they claim a de facto relationship? Plus, in many cultures and for most of our history, people have not co-habited prior to marriage. Link to comment Share on other sites More sharing options...
Chillers Posted February 17, 2016 Share Posted February 17, 2016 But if they are clearly not ready for marriage, how can they claim a de facto relationship? Plus, in many cultures and for most of our history, people have not co-habited prior to marriage. That's the point of my answer, time will tell, but there is no harm in collecting the evidence for the likeliness of going defacto. We are not ready for marriage and we are in a defacto relationship. Defacto Relationship Link to comment Share on other sites More sharing options...
Quinkla Posted February 17, 2016 Share Posted February 17, 2016 We are not ready for marriage Then, respectfully, using the legal definition of de facto relationship (set out here: http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s4aa.html) you may pause for thought about whether you genuinely meet the criteria for de facto partnership. Link to comment Share on other sites More sharing options...
Guest Posted February 17, 2016 Share Posted February 17, 2016 But if they are clearly not ready for marriage, how can they claim a de facto relationship? Plus, in many cultures and for most of our history, people have not co-habited prior to marriage. Not everyone marries. Many couples live together as man and wife without that piece of paper. Marriage is not something everyone wants to do or should do to qualify for a visa. If a couple wants to live together as de facto, that is up to them to decide. Marriage might follow but it doesn't have to happen from the off or early in the relationship. Others will marry early on. There is no right or wrong. Each to their own Link to comment Share on other sites More sharing options...
Quinkla Posted February 17, 2016 Share Posted February 17, 2016 Choosing not to marry is very different from saying you are not ready to marry. Link to comment Share on other sites More sharing options...
Guest Posted February 17, 2016 Share Posted February 17, 2016 Choosing not to marry is very different from saying you are not ready to marry. I wasn't ready for marriage for a long time. Doesn't mean I was any less committed to my partner because of this. I just didn't see much point in marriage and was quite happy living together. Didn't make us any less a couple. To me, marrying as a solution to getting a partner visa is rather off if they don't wish to. People may marry for this reason, but if they don't wish to marry for whatever reason that is their prerogative. If there is an alternative legal option open to them that is accepted by Aus immigration (such as registering the relationship or having 12 months de facto) then people are quite within their rights to do this. Link to comment Share on other sites More sharing options...
Chillers Posted February 17, 2016 Share Posted February 17, 2016 Then, respectfully, using the legal definition of de facto relationship (set out here: http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s4aa.html) you may pause for thought about whether you genuinely meet the criteria for de facto partnership. I fail to see your point? Can you point out the part which says a defacto should want to get married? From what i'm reading i could even be married to another person and still be classed as defacto or even be in multiple defacto relationships. Link to comment Share on other sites More sharing options...
Quinkla Posted February 17, 2016 Share Posted February 17, 2016 I fail to see your point? Can you point out the part which says a defacto should want to get married? From what i'm reading i could even be married to another person and still be classed as defacto or even be in multiple defacto relationships. You're not a lawyer, are you? I have never said anything about wanting to get married. I have said, though, that if you don;t feel ready to get married then I don't think it sits within the spirit of the law. But the law is worded in an ambiguous way to allow a court to make up its own mind on specific circumstances. You are right that being married to someone else or involved in another de facto partnership does not technically prohibit the relationship in question being ruled de facto - but it would make things a whole lot harder to demonstrate. It's the bit about living in a genuine domestic relationship as a couple that is key, and whilst there is no definite way to prove the genuine domestic relationship there are many factors that can be considered. By and large, one would assume that an unmarried opposite sex de facto couple would feel they were "ready" to get married, even if they decided for personal reasons not to actually undertake the legal process of marriage. The idea of "not being ready" indicates an immaturity in the relationship that you expect time will remedy. That looks problematic to me. Link to comment Share on other sites More sharing options...
Chillers Posted February 17, 2016 Share Posted February 17, 2016 You're not a lawyer, are you? I have never said anything about wanting to get married. I have said, though, that if you don;t feel ready to get married then I don't think it sits within the spirit of the law. But the law is worded in an ambiguous way to allow a court to make up its own mind on specific circumstances. You are right that being married to someone else or involved in another de facto partnership does not technically prohibit the relationship in question being ruled de facto - but it would make things a whole lot harder to demonstrate. It's the bit about living in a genuine domestic relationship as a couple that is key, and whilst there is no definite way to prove the genuine domestic relationship there are many factors that can be considered. By and large, one would assume that an unmarried opposite sex de facto couple would feel they were "ready" to get married, even if they decided for personal reasons not to actually undertake the legal process of marriage. The idea of "not being ready" indicates an immaturity in the relationship that you expect time will remedy. That looks problematic to me. Can you make your mind up.. You give me a baseless URL to demonstrate your point whilst asking me to question my own defacto relationship on the basis we are not 'ready' to get married. Let's put a close on this shall we and stop clogging up this thread with useless and unsupported content. But if they are clearly not ready for marriage, how can they claim a de facto relationship? Because they don't need to be, it is that simple. It has nothing to do with marriage or wanting to be married. We are not ready for marriage and we are in a defacto relationship. We are not ready for marriage, weddings cost money, especially if your family is 10k miles away. Then, respectfully, using the legal definition of de facto relationship (set out here: http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s4aa.html) you may pause for thought about whether you genuinely meet the criteria for de facto partnership. Respectfully, I know for a fact we meet Immi's criteria for a defacto relationship, we lodged both dependant and 186 visa's on defacto basic independently, perhaps you should read into it some time. You're not a lawyer, are you? No, but it is very apparent you are also not a Lawyer. You are right Yes i know, thank you, i have been most of this thread. The idea of "not being ready" indicates an immaturity in the relationship that you expect time will remedy. That looks problematic to me Well now, that's your opinion buddy, same as it's my opinion that rushing into marriage after being together for 3 months is also immature and possibly problematic, but hey that's just my opinion and the same as it's anyone else's opinion on what op should do with his current situation based on the information that he's posted and it's also of his own accord and opinion of what he should do with this information. Maybe next time you can avoid de-railing with 5 posts on a personal definition of what a defacto relationship is or needs to consist off with absolutely no factual evidence to support. Enjoy your evening. :-) Link to comment Share on other sites More sharing options...
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