175 visa arrived - new girlfriend to complicate matters

[Colin]

Hi

 

I'm after some advice if possible. I got my 175 visa a little while back as intended to go to Australia alone. Since then I have started a new relationship over in the uk and so I'm now in a situation where If I go to Aus my partner will not be able to come. Does anyone have any ideas if this is the case or would there be something we could do so we could both travel together without her going through the same lengthy process. My partner is 37 in case this makes any difference.

 

Thanks

 

Colin

[Nemesis]

Hi

 

I'm after some advice if possible. I got my 175 visa a little while back as intended to go to Australia alone. Since then I have started a new relationship over in the uk and so I'm now in a situation where If I go to Aus my partner will not be able to come. Does anyone have any ideas if this is the case or would there be something we could do so we could both travel together without her going through the same lengthy process. My partner is 37 in case this makes any difference.

 

Thanks

 

Colin

AS long as you have been in a de facto relationship for 12 months you can sponsor her for a Spouse Visa.

[Colin]

That looks very interesting. Thanks a lot for your response.

[wrussell]

Hi

 

I'm after some advice if possible. I got my 175 visa a little while back as intended to go to Australia alone. Since then I have started a new relationship over in the uk and so I'm now in a situation where If I go to Aus my partner will not be able to come. Does anyone have any ideas if this is the case or would there be something we could do so we could both travel together without her going through the same lengthy process. My partner is 37 in case this makes any difference.

 

Thanks

 

Colin

 

If you formed a de facto relationship before activating your visa, you should take professional advice before you proceed, or you are likely to face serious issues.

[Guest Guest115110]

Are you both citizens of the UK? What are your partners skills?

 

You could potentially move here first and then perhaps she can follow you in a couple of months on a work holiday visa? https://www.border.gov.au/Trav/Visa-1/417-

 

Later you could potentially file for a partner visa onshore(hopefully there won't be any prohibiting conditions). Note that to meet the sponsorship requirements you need to be ordinarily resident in Australia, and must have lived here for at least 12 months before sponsoring the partner visa application. Furthermore, you need to ensure that you gather and maintain evidence of ALL aspects of your relationship - past, present and whatever develops in the coming months. You might have to register your relationship with the registrar as well. Note that WHV visas are valid only for 12 months. It's a long shot(somewhat risky) but if you can substantiate all aspects of the relationship, and time this correctly you might just be able to pull this off.

[NickyNook]

Are you both citizens of the UK? What are your partners skills?

 

You could potentially move here first and then perhaps she can follow you in a couple of months on a work holiday visa? https://www.border.gov.au/Trav/Visa-1/417-

 

Later you could potentially file for a partner visa onshore(hopefully there won't be any prohibiting conditions). Note that to meet the sponsorship requirements you need to be ordinarily resident in Australia, and must have lived here for at least 12 months before sponsoring the partner visa application. Furthermore, you need to ensure that you gather and maintain evidence of ALL aspects of your relationship - past, present and whatever develops in the coming months. You might have to register your relationship with the registrar as well. Note that WHV visas are valid only for 12 months. It's a long shot(somewhat risky) but if you can substantiate all aspects of the relationship, and time this correctly you might just be able to pull this off.

 

Considering the OP says his girlfriend is 37, that plan's not going to work. :wink:

[Guest Guest115110]

Yes u r right... I missed that detail there ..whv won't work due to not meeting the age criteria ...

 

 

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[rammygirl]

Are you both citizens of the UK? What are your partners skills?

 

You could potentially move here first and then perhaps she can follow you in a couple of months on a work holiday visa? https://www.border.gov.au/Trav/Visa-1/417-

 

Later you could potentially file for a partner visa onshore(hopefully there won't be any prohibiting conditions). Note that to meet the sponsorship requirements you need to be ordinarily resident in Australia, and must have lived here for at least 12 months before sponsoring the partner visa application. Furthermore, you need to ensure that you gather and maintain evidence of ALL aspects of your relationship - past, present and whatever develops in the coming months. You might have to register your relationship with the registrar as well. Note that WHV visas are valid only for 12 months. It's a long shot(somewhat risky) but if you can substantiate all aspects of the relationship, and time this correctly you might just be able to pull this off.

 

 

Not it heard of the residency requirement of 12 months before. And cannot find any mention of it on the DIPB site. Can you explain this?

[Guest Guest115110]

Not it heard of the residency requirement of 12 months before. And cannot find any mention of it on the DIPB site. Can you explain this?

 

This comment was more aimed at a PR holder rather than an Australian citizen.

The requirement is of being "usually resident in Australia". A PR holder who has newly moved to Australia and lived here for a month cannot be considered as usually "resident in Australia". Someone who has lived here longer - has a job, investments, etc. can be considered usually resident. 12 months isn't explicitly stated as such but it goes towards demonstrating that a PR holder is usually resident in Australia. Can a duration of 6 months substantiate this requirement? Possibly. One month/new arrival - probably not. I’ve enclosed some excerpts from a policy document.

 

“As “usually resident” is not defined in the Act or Re​gulations, it is taken to have its common or dictionary meaning. That common meaning has been the subject of a number of judicial decisions.

 

The evidence for being “usually resident” somewhere may be seen in a variety of factors, including maintaining a home in a particular place, going to work there, owning property, business or other interests ​there, having family and other ties in the place. Absence from a place at a particular time does not automatically mean it is not a person’s usual residence, as the person may have already established usual residence there in circumstances where their absence is still consistent with having usual residence in that place.”

[rammygirl]

Not seen this mentioned in partner threads before. Most people apply from overseas and move together with their partner in these circumstances, so have not been resident. Also several recent threads have talked about onshore applications but again without partner being resident.

 

People seem to get round the ordinarily resident bit by showing evidence that they intend to settle in Australia together.

[MaggieMay24]

Not seen this mentioned in partner threads before. Most people apply from overseas and move together with their partner in these circumstances, so have not been resident. Also several recent threads have talked about onshore applications but again without partner being resident.

 

People seem to get round the ordinarily resident bit by showing evidence that they intend to settle in Australia together.

 

If the sponsor is an Australian citizen, it's not an issue. If the sponsor is a PR, they must satisfy the "usually resident" criteria. It says in the partner booklet "If you are an Australian permanent resident or eligible New Zealand citizen, you are required to be usually resident in Australia."

[Raul Senise]

If you formed a de facto relationship before activating your visa, you should take professional advice before you proceed, or you are likely to face serious issues.

 

This is very good advice.

 

A consultation with a professional to work out the best visa strategy may be advisable.

[Karenbfam]

I have a 175 visa and had activated it but never moved to Oz. Met my partner and plans to move put on hold. After we had lived together we applied for a partner visa, which was granted after we moved here. My partner came on a tourist visa and then had to leave to activate. So you don't have to have lived in Oz to do this. Hope this helps.

[Nemesis]

I have a 175 visa and had activated it but never moved to Oz. Met my partner and plans to move put on hold. After we had lived together we applied for a partner visa, which was granted after we moved here. My partner came on a tourist visa and then had to leave to activate. So you don't have to have lived in Oz to do this. Hope this helps.

Yeah seen loads of people do that, or sponsor their partner while living in the UK and holding Aus citizenship, then they move together.

Never seen it be an issue before as long as they can demonstrate the relationship is genuine.

[Colin]

I have a 175 visa and had activated it but never moved to Oz. Met my partner and plans to move put on hold. After we had lived together we applied for a partner visa, which was granted after we moved here. My partner came on a tourist visa and then had to leave to activate. So you don't have to have lived in Oz to do this. Hope this helps.

 

Thanks everyone for taking time to assist. Esp Karen as I have some hope that this move can still happen now! I will probably look to get some official advice from somewhere soon and will update when I know some more.