Using a Migration Agent

[JasonE]

Hi,

 

I'm currently in Australia on a tourist visa (ETA) and living with my Australian GF.

We had a long distance relationship for a couple of years and circumstances allowed me to finally come down under and see if the relationship is all that we hoped it can be.

Long story short, it is and we're about to apply for a Partner Visa!

My question is about using a Migration Agent.

We would have applied ourselves but I've been stressing about it for so long that I can't think clearly and it seems like the best option to get the assistance of someone who knows what they're doing rather than risk messing it all up (read a lot of horror stories!).

I'm looking at using Australiaherewecome.

Has anyone got any experience with this firm, advice or recommendations about who best to use?

 

Thanks!

[Guest]

I can't comment on the agent. Not ever heard of them tbh.

 

Just a quick question though, do you qualify for a partner visa? Its a de facto and if you've been long distance dating for a couple of years you may not have enough time behind you as an actual de facto couple. 12 months is the minimum requirement usually. However, in a couple of states you can register your relationship but immigration will be looking at all the other things that also will count toward de facto. If you are falling short for what is required, I'd be very cautious about applying for the partner visa atm.

[JasonE]

Hi Snifter. thanks for your response.

Yes, we're aware of the minimum time together. We were long distance for about two years and I came to stay on June the 5th last year.

I've been living with my partner since then and the only time we've been apart is when I went to visit my kids for 10 days last October.

We've had trips to Bali together when I've had to leave every three months as per the conditions of my current visa.

[wrussell]

 

• Note the disclaimer re no win no fee:
• An applicant fails a health or character test.
  
• An application fails due to a change in legislation or policy after the visa application is lodged.
  
• An application fails due to delays caused by skills assessing authorities or state or territory governments or other migration bodies in processing applications.
  
• A client fails to disclose information which causes the application to be unsuccessful.
  
• A client provides us with documentation or information which is false or misleading or which cannot be independently verified.
  
• A state or territory nomination for a visa application is withdrawal or refused.
  
• An application is not selected from the SkillSelect application pool within 24 months of lodging an Expression of Interest (EOI).
  
• An applicant or an applicant’s partner fails to follow the advice and instructions of Australia Here We Come to ensure they meet the criteria for a visa application.
  
• An applicant’s partner withdraws their support for the application.
  
• An applicant is unlawful at time of application.
  
• An applicant for a Partner visa holds a bridging visa at the time of application.
  

 

[Guest]

Hi Snifter. thanks for your response.

Yes, we're aware of the minimum time together. We were long distance for about two years and I came to stay on June the 5th last year.

I've been living with my partner since then and the only time we've been apart is when I went to visit my kids for 10 days last October.

We've had trips to Bali together when I've had to leave every three months as per the conditions of my current visa.

 

Living together, but you are on a tourist visa so how are you contributing to the de facto aspects in all the areas they will want to know about? Bills one or the other pays, wills naming each other, life insurance, shared finances to some degree (ie both working with own bank accounts but transfer money between them to cover your share of bills etc), named on lease.... all those sorts of things. Has an agent looked over all aspects to make sure you have a solid case to lodge? Just asking as immigration will be looking for this sort of thing as well as you two living together under the same roof. The partner visa application is so much more than just living together and on a 3 month repeat tourist visa this past year, how you've managed financially etc as a couple will be important.

 

You are not resident in Australia on a visa that has work and residence rights and have been living with your partner on a tourist visa which is intended for tourist purposes. I am not sure the implications of this when applying for a partner visa on shore after using it to try to clock up de facto time. I'd be very careful and ensure you have a solid case if you can lodge off the back of this.

 

I'd suggest you seek a second opinion from another agent (reputable MARA registered etc) and run your case past them and see what they say re the tourist visa and how it may pan out and how much they will charge. I know people apply for a partner visa off the back of a WHV and a year in Aus but I can't recall the last time I read of someone using a 3 month repeat stay tourist visa to lodge off the back of after 12 months or how the application went.

 

I don't mean to be down on things but its a lot of money to lose if your application is turned down. It may be fine, just its not a usual way to go about the partner visa application so I'd really seek a second opinion on the whole tourist visa status and all that it entails when claiming de facto.

[chrispeck]

Hey Jason,

 

I sent you a PM. Happy to give your case a look over and give you a second opinion.

[JasonE]

Thanks snifter.

I appreciate your candid response.

My age (I was 46 when I arrived) meant it was difficult to get a working visa etc and we wanted to see how the relationship and intergration in to her home with her children would go. I have in fact been on an extended sibattical and seeing a lot of Australia since I arrived as my finances permitted that.

The explained all this to the Agent I've mentioned and they said that we have a strong case. However, I will take your advice on board and get a second opninion before proceeding.

 

Do you have any recommendations on a good agent??

[Guest]

Any of those who post on the forum. There is a list of them and you can view the posts they've made elsewhere on the forum and see their info etc.

[Guest]

Also have you registered your relationship in your state if its possible?

[JasonE]

I should add that we do not have any joint accounts etc and they way I have been contributing is by purchasing furniture and house goods to make it more of a home (the place was left like a work site by her Ex) and buying groceries on a daily basis.

I mentioned all this to the Agent during my initial consultation and they said it should not be a problem but it has been our personal concern and a second opninion would help.

[JasonE]

We tried to register our relationship but my partner is still married because Ex has not been playing ball re divorce for the past 18 months for finanicial reasons! She has lodged papaers and has a hearinf re divorce at the begining of September so we can prove that too.

There's also proof that they have been officially separated since 2012.

We have 4 888 statements from her friends and family to back our claim as well as emails, photos going all the way back to when we met and started our relationship in 2013.

[Guest]

We tried to register our relationship but my partner is still married because Ex has not been playing ball re divorce for the past 18 months for finanicial reasons! She has lodged papaers and has a hearinf re divorce at the begining of September so we can prove that too.

There's also proof that they have been officially separated since 2012.

We have 4 888 statements from her friends and family to back our claim as well as emails, photos going all the way back to when we met and started our relationship in 2013.

 

Ah ok.

 

Keep in mind none of the dating long distance stuff will count toward de facto. That will most likely be viewed as dating so not taken into account. I get you may have been committed during this time, serious about each other and all that but to immigration, that won't matter a jot unless you can prove proper de facto for it. I'd focus on counting the time you can document fully and prove properly.

[Guest]

I should add that we do not have any joint accounts etc and they way I have been contributing is by purchasing furniture and house goods to make it more of a home (the place was left like a work site by her Ex) and buying groceries on a daily basis.

I mentioned all this to the Agent during my initial consultation and they said it should not be a problem but it has been our personal concern and a second opninion would help.

 

Have you kept receipts of all this? You need a paper trail. They won't just take your word for it. Are you named on the car insurance as a driver? Do you have anything official posted to you at the address you share? To you both? Have you gained the Aus police check?

 

I did go through the partner visa process myself a few years back fwiw. It was an off shore application but pretty much the same process and evidence etc was required. We had been together 8 plus years at that point and had a long paper trail to back that up. Plus other things. Even with that length of time together we were expected to provide the full evidence to prove the relationship was genuine and ongoing during the 12 months prior to lodging, plus we supplied evidence from years prior also as we were obviously claiming those years as a couple. We didn't think otherwise and I had a box of stuff on file for it all.