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delicatepotatoe

801 Visa, still in relationship but not living together?

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Hi, I was wondering if you guys could help me out with figuring out how to proceed with my 801 permanent partner Visa? Any help would be hugely appreciated! It's been 3 years since I applied for my visa, and I have been requested for my partner to submit a stat dec. We've lived together for the vast majority of that time, but at the moment we are not. Will this negatively effect my visa? As i saw in the terms it states very clearly that you MUST live together at all times or something. But right now it makes more sense to take advantage of the opportunities given to us, to both help our wallets and our health.

We were struggling with renting along with trying to sort out our health issues at the same time. My partner's mother eventually offered to have us move in with her so we did that. But my partner and his mum have ended up fighting all of the time which was making him really depressed, so in order for my partner to get better he moved out to his own rental nearby which is affordable but way too small for two people to live. Renting a bigger place that's nearby just isn't financially an option for us right now. My partner's mother, who I actually get along well with is now hosting me and helping me to get back on my feet and is covering things for me here like food and whatnot as I get myself sorted out. However she's stated that she's more than happy for me to stay as absolutely long as I like, so I'm taking advantage of her generosity and getting myself fully prepared to be able to go to TAFE once the visa is approved. And my partner is now much better that he's no longer having constant fights with his mother and is also able to work towards getting himself ready for working again and such also. I visit him often and drift between his place and mine, but we don't live together on a permanent basis anymore. I'm really worried now though that because now I'm not living with my partner permanently that it's going to screw up my visa. Is this going to end up being the case? Even though right now living apart makes more sense for both our wallets and our wellbeings?

On the stat dec the only options as for our living arrangements are "live together, live separate on a permanent basis" but our arrangement will not be permanent. We plan on seeking a bigger rental together once we can do, but I've no idea how long away that will be yet. Once I can get Ausstudy it should help being able to afford a decent rental again. So I'm unsure what to choose or if me not living with him permanently is going to get my visa denied or something. If anyone could shed some light on this it would be hugely appreciated. Thank you.

Edited by delicatepotatoe

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I really don't know. I wish you had perhaps asked this before you took this step so as to be fully informed in case it was going to be an issue. Do you still share joint finances and other things that would reflect on you being a couple? 

Given how strict they seem to be these days I'd be running this past a decent agent to ensure you are doing the right thing. 

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I think you are running a big risk. It is certainly unusual for a couple that are either married or in a long term defacto relationship to choose to live apart. You say your partners rental place is too small for two? Even if it was a small studio flat it would still be the usual thing to share it together and make the best of it.  Many couples share one room if that's all they can afford rather than live apart.  You say you plan to live together again when you can afford a descent rental. Surely being together in a small place would be better then you living with his mother?  If not then I think immigration would question whether you are in a committed, long term relationship. 

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5 hours ago, snifter said:

I really don't know. I wish you had perhaps asked this before you took this step so as to be fully informed in case it was going to be an issue. Do you still share joint finances and other things that would reflect on you being a couple? 

Given how strict they seem to be these days I'd be running this past a decent agent to ensure you are doing the right thing. 

Yes, we still share joint finances and I am also on the rental lease. I didn't use an agent, is there a way that I can get in touch with one to be able to run this past them?

 

4 hours ago, Tulip1 said:

Surely being together in a small place would be better then you living with his mother?

 

Yeah that's the thing, she'll help me while I'm here. The rental unit is one room, toilet next to the bed. But we're afraid that being together 24/7 would start perhaps causing tension over silly things like when we previously were in a one-room rental. When we were in a bigger place though we were fine.

Edited by delicatepotatoe

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Best of luck.

We lived apart (in different cities and even countries) for part of the year owing to work, but both our names were on the lease of our flat in oz, and all our finances and stuff were based at that one address. My OH had his PR refused and the main reason was that we did not live together 24/7 365 days a year. 

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On 12/24/2017 at 03:25, Nemesis said:

Best of luck.

We lived apart (in different cities and even countries) for part of the year owing to work, but both our names were on the lease of our flat in oz, and all our finances and stuff were based at that one address. My OH had his PR refused and the main reason was that we did not live together 24/7 365 days a year. 

Yikes. Sorry to hear that. Yeah I guess it's for the best I move back in with him asap. I'm making arrangements now to sort it out. How long were you living apart from your partner?

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3 hours ago, delicatepotatoe said:

Yikes. Sorry to hear that. Yeah I guess it's for the best I move back in with him asap. I'm making arrangements now to sort it out. How long were you living apart from your partner?

It worked out about 6 months in oz then he was in Europe for 6 months, then back to oz for 6 months. He had a good salary and job in Europe that we didn't want to abandon until he had PR in oz and could get a permanent government role there.

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