Georgie2810 Posted December 7, 2016 Share Posted December 7, 2016 Hi everyone My English fiance and I are currently in the process of planning his permanent migration to Australia. We are so excited! We have been living together for approximately 2.5 years so easily meet the 12 month threshold for de facto in Australia. However, we are also getting married on 28 January 2017 (so exciting!). Our initial plan was to get married and then submit the partner visa, which of course is sensible. There is a bit of a complication, though, which is that he is on a working holiday visa which has a 6 month work restriction. However, he has been offered permanent full-time work with his current employer, which we are extremely keen to take up. Unfortunately, however, his 6 months is up about 4 weeks before his WHV visa expires. Here's a timeline: WHEN WE NEED TO APPLY FOR WAIVER: 1 January 2017 6 MONTHS IS UP: 15 January 2017 WEDDING: 28 January 2017 EXPIRY OF WHV/BEGINNING OF BVA: 15 February 2017 We have seen that it is possible to apply for a waiver of this condition, however you need to have already submitted your application to get it. So, we wondered if it would be possible to submit our partner visa application with all the evidence from our de facto relationship, and including all of the other info such as the notification of intent to marry, wedding plans, etc, and then update our application once we have been married? We are really desperate for him to keep this job as it will make all of the difference to our future together. Thank you in advance! Quote Link to comment Share on other sites More sharing options...
Bungo Posted December 7, 2016 Share Posted December 7, 2016 There is not that much relevance to the wedding date in your particular situation. The whole point of recognising a "defacto" relationship is that it is supposed to replicate a marriage in all but for a particular legal ceremony having taken place. So after 2.5 years of living together there is only one reason I would delay making the application and that is because after three years he would go straight to a permanent visa and not have to do the temporary stage. However in your particular situation, he doesn't have the luxury of waiting until the three year point as the WHV would expire before then. So in that case, no, there is no benefit whatsoever in waiting until the marriage before lodging the partner visa. And no it isnt "sensible". If lodging earlier enables him to get the 6 month restriction lifted then indeed that is the sensibke thing to do. Quote Link to comment Share on other sites More sharing options...
wrussell Posted December 9, 2016 Share Posted December 9, 2016 Hi everyone My English fiance and I are currently in the process of planning his permanent migration to Australia. We are so excited! We have been living together for approximately 2.5 years so easily meet the 12 month threshold for de facto in Australia. However, we are also getting married on 28 January 2017 (so exciting!). Our initial plan was to get married and then submit the partner visa, which of course is sensible. There is a bit of a complication, though, which is that he is on a working holiday visa which has a 6 month work restriction. However, he has been offered permanent full-time work with his current employer, which we are extremely keen to take up. Unfortunately, however, his 6 months is up about 4 weeks before his WHV visa expires. Here's a timeline: WHEN WE NEED TO APPLY FOR WAIVER: 1 January 2017 6 MONTHS IS UP: 15 January 2017 WEDDING: 28 January 2017 EXPIRY OF WHV/BEGINNING OF BVA: 15 February 2017 We have seen that it is possible to apply for a waiver of this condition, however you need to have already submitted your application to get it. So, we wondered if it would be possible to submit our partner visa application with all the evidence from our de facto relationship, and including all of the other info such as the notification of intent to marry, wedding plans, etc, and then update our application once we have been married? We are really desperate for him to keep this job as it will make all of the difference to our future together. Thank you in advance! There are strategies available that have relieved others in a similar predicament. May I suggest that you consult a registered migration agent to develop a strategy? Quote Link to comment Share on other sites More sharing options...
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