Jump to content

You're currently viewing the forum as a Guest
register-now-button_orig.png
and join in with discussions   
ask migration questions
message other members

..and much much more!

ausj

Question about defacto/cohabitation requirements

Recommended Posts

Hi everyone,
 

I have a couple of questions regarding visas that maybe people can shed some light on. :) I am Australian and my boyfriend is British, we currently live in the UK and are moving to Aus this year.
 

  1. I’ve read on here about registering the relationship as de-facto… does doing so waive the requirement of 12 months living together? The reason I ask is that my boyfriend and I have only been living together for 3 months so far in the UK. (We’ve been in a relationship for 16 months). During this time I have been transferring him money for half of the mortgage and bills but my name isn’t actually on them. We also both transfer an amount each month to a separate account we call the ‘Fun Fund’ which we use for shared expenses (groceries, restaurants, holidays etc) but it’s only in his name. I do have my own bank/credit card statements with our address on it.

    We are planning to move to Australia this year however there will be a few months where we will not be living together. This is due to my UK visa expiring and me having to leave the country and him not being able to leave his job just yet. We will go on holiday together during this time but won’t actually be living together for about 3 months until he can move. Even though we're not apart by choice I’m guessing this doesn’t look good on an application. So what I’m wondering is, when we are living together in Australia, have a joint bank account, insurance etc. and register as de-facto, do we have grounds to apply even without 12 straight months of cohabitation? We are looking at the possibility of him entering on a working holiday visa then applying for the partnership visa shortly after. Is it correct that we could apply at any time and be put on a bridging visa enabling him to work until it’s decided?

     
  2. We are also looking into the option of him transferring with the company he works for (a large well-known company with offices in Aus). Is there a separate visa to transfer in the same company or would he need to apply for a 457? His qualifications/experience is in marketing, account management, sales and E-retail management.
     
  3. He is also a rugby referee here in the UK and is hoping to do the same in Aus. Could he work this second weekend job on a 457 or can he only work for the company who has sponsored him?

Thank you!

Share this post


Link to post
Share on other sites

That's a funny situation, I've just registered as I've been browsing the site for a few days with a similar story and seen your post.

I'm a boyfriend to an Australian Citizen who has been working in the UK for the last few years. We've lived together for just under two years yet the bills are usually paid under my name (does have her name on tenancy though) and we don't have a joint account because Halifax wouldn't grant her access.

We just visited her parents this December and after a heartwarming trip she made the tough decision to move back to Australia due to her parents health, and issues with her work/family in the UK. I eagerly committed to following her back as she is the love of my life however her flight is on the 16th of Feb, and we will need to save up for the Visa which could take a few months working apart before we are able to lodge the application and then I'm not sure if this breaks the 12 straight months cohabitation.

I think we have a very similar plan for getting over to Australia, I still don't know if I should file it offshore or on, and hop over on a work visa in the mean time. Hopefully you get a response soon and I do hope it all works out for you and the BF.

Share this post


Link to post
Share on other sites
7 hours ago, ausj said:
  1. I’ve read on here about registering the relationship as de-facto… does doing so waive the requirement of 12 months living together? The reason I ask is that my boyfriend and I have only been living together for 3 months so far in the UK. (We’ve been in a relationship for 16 months). During this time I have been transferring him money for half of the mortgage and bills but my name isn’t actually on them. We also both transfer an amount each month to a separate account we call the ‘Fun Fund’ which we use for shared expenses (groceries, restaurants, holidays etc) but it’s only in his name. I do have my own bank/credit card statements with our address on it.

    We are planning to move to Australia this year however there will be a few months where we will not be living together. This is due to my UK visa expiring and me having to leave the country and him not being able to leave his job just yet. We will go on holiday together during this time but won’t actually be living together for about 3 months until he can move. Even though we're not apart by choice I’m guessing this doesn’t look good on an application. So what I’m wondering is, when we are living together in Australia, have a joint bank account, insurance etc. and register as de-facto, do we have grounds to apply even without 12 straight months of cohabitation? We are looking at the possibility of him entering on a working holiday visa then applying for the partnership visa shortly after. Is it correct that we could apply at any time and be put on a bridging visa enabling him to work until it’s decided?

Registering the relationship does remove the 12 months co habitation requirement, however, you still need to evidence a genuine an ongoing relationship.

7 hours ago, ausj said:
  1. We are also looking into the option of him transferring with the company he works for (a large well-known company with offices in Aus). Is there a separate visa to transfer in the same company or would he need to apply for a 457? His qualifications/experience is in marketing, account management, sales and E-retail management.

This would be a 457, which may be useful until you are in a position to lodge a partner visa.

7 hours ago, ausj said:
  1. He is also a rugby referee here in the UK and is hoping to do the same in Aus. Could he work this second weekend job on a 457 or can he only work for the company who has sponsored him?

If he is on a subclass 457 visa, he can only work for his sponsor.

As the situation is not straight forward and you may have a number of options, you would be well advised to seek some professional advice to help you with a workable visa pathway.


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

Share this post


Link to post
Share on other sites
20 hours ago, DrPopkorne said:

That's a funny situation, I've just registered as I've been browsing the site for a few days with a similar story and seen your post.

I'm a boyfriend to an Australian Citizen who has been working in the UK for the last few years. We've lived together for just under two years yet the bills are usually paid under my name (does have her name on tenancy though) and we don't have a joint account because Halifax wouldn't grant her access.

We just visited her parents this December and after a heartwarming trip she made the tough decision to move back to Australia due to her parents health, and issues with her work/family in the UK. I eagerly committed to following her back as she is the love of my life however her flight is on the 16th of Feb, and we will need to save up for the Visa which could take a few months working apart before we are able to lodge the application and then I'm not sure if this breaks the 12 straight months cohabitation.

I think we have a very similar plan for getting over to Australia, I still don't know if I should file it offshore or on, and hop over on a work visa in the mean time. Hopefully you get a response soon and I do hope it all works out for you and the BF.

 
Ohh you guys are in the same boat! Good thing you have already lived together for a substantial amount of time.
 
It’s definitely a tricky decision to make but will be worth it. We have a nice comfortable life here but after being away from family, friends and the beach for so long it’s definitely time. 
 
Unless we go for a work visa we’re thinking to apply in Aus as I would imagine we’d have to be apart even longer otherwise!
 
Wish you guys all the best with your plans!

Share this post


Link to post
Share on other sites
14 hours ago, Raul Senise said:

Registering the relationship does remove the 12 months co habitation requirement, however, you still need to evidence a genuine an ongoing relationship.

This would be a 457, which may be useful until you are in a position to lodge a partner visa.

If he is on a subclass 457 visa, he can only work for his sponsor.

As the situation is not straight forward and you may have a number of options, you would be well advised to seek some professional advice to help you with a workable visa pathway.

Hi Raul, thank you for your reply.

Ultimately we'd like to apply for the partnership visa but I guess we'd need to figure out whether to get a working holiday or 457 first. That's interesting about only being able to work for his sponsor - definitely something we'd need to consider. Perhaps a working holiday/bridging visa is better so he could do his rugby too....

Def agree with you on seeking professional help. We've both said that we would like to use an agent to help us with the application as we don't want to risk rejection and don't want to deal with the stress of it!

Share this post


Link to post
Share on other sites

What about this @ausj?

Travelling over on a normal tourist visa 651 which lasts for 3 months and then lodging your application for a partner visa while over there. Take a look at this information below from the Australian Gov site in regards to a bridging visa. He wouldn't be able to work for the time he's on a tourist visa but as soon as the bridging visa kicks in he can.

Bridging visa

If you lodge your Partner application and your current visa ends before you are granted a temporary Partner visa (subclass 820), you can stay in Australia on a Bridging visa A (BVA) while the temporary visa is being processed. You do not have to apply for a BVA - it is automatically granted when you apply for your partner visa. The BVA starts when your temporary visa ends.

A BVA does not let you travel out of Australia and return. If you want to travel out of Australia and return, apply for a Bridging visa B (BVB).

  • BVAs and BVBs that are granted to applicants for this visa allow you to:
  • work in Australia
  • study in Australia (no government support)
  • enrol in Medicare, Australia’s health care scheme.
Please someone correct me if I'm wrong but this would mean you wouldn't have to worry about obtaining a work visa to get in beforehand if obviously 3 months without work is something you could survive on. Because the tourist visa doesn't take long to process It would also mean technically you could go as soon as you are ready to pay for the partner visa and you wouldn't have to rely on being sponsored.

Share this post


Link to post
Share on other sites
8 minutes ago, DrPopkorne said:

What about this @ausj?

Travelling over on a normal tourist visa 651 which lasts for 3 months and then lodging your application for a partner visa while over there. Take a look at this information below from the Australian Gov site in regards to a bridging visa. He wouldn't be able to work for the time he's on a tourist visa but as soon as the bridging visa kicks in he can.

Bridging visa

If you lodge your Partner application and your current visa ends before you are granted a temporary Partner visa (subclass 820), you can stay in Australia on a Bridging visa A (BVA) while the temporary visa is being processed. You do not have to apply for a BVA - it is automatically granted when you apply for your partner visa. The BVA starts when your temporary visa ends.

A BVA does not let you travel out of Australia and return. If you want to travel out of Australia and return, apply for a Bridging visa B (BVB).

  • BVAs and BVBs that are granted to applicants for this visa allow you to:
  • work in Australia
  • study in Australia (no government support)
  • enrol in Medicare, Australia’s health care scheme.
Please someone correct me if I'm wrong but this would mean you wouldn't have to worry about obtaining a work visa to get in beforehand if obviously 3 months without work is something you could survive on. Because the tourist visa doesn't take long to process It would also mean technically you could go as soon as you are ready to pay for the partner visa and you wouldn't have to rely on being sponsored.

Bear in mind though that current timelines for Onshore Spouse are 2-3 years. That is  long time to be on a Bridging Visa. 

Share this post


Link to post
Share on other sites
2 hours ago, Nemesis said:

Bear in mind though that current timelines for Onshore Spouse are 2-3 years. That is  long time to be on a Bridging Visa. 

Are there any negative implications of being on a bridging visa (such as a limit on the jobs you can take, working hours etc) that make it unattractive? Or is it just that 2-3 years is a long time to be on a temporary visa if everything falls apart and your application is unsuccessful? 

Sorry ausj I've kinda hijacked your thread and digressed a little from your discussion - I'll leave it be now!

Share this post


Link to post
Share on other sites
20 minutes ago, DrPopkorne said:

Are there any negative implications of being on a bridging visa (such as a limit on the jobs you can take, working hours etc) that make it unattractive? Or is it just that 2-3 years is a long time to be on a temporary visa if everything falls apart and your application is unsuccessful? 

Sorry ausj I've kinda hijacked your thread and digressed a little from your discussion - I'll leave it be now!

I love the discussion and they’re questions I would also ask!

We have no problem being on a bridging visa for 2-3 years as long as he was able to work. What happens if we were to get engaged/married while waiting, do we just inform them of the changes?

Applying on a normal tourist visa would also be fine but it would be preferable for him to be able to work as soon as possible, a wait of 3 months may make things tricky if he were to get a job offer.

Regarding the bridging visa… “The BVA starts when your temporary visa ends.” 

Does that mean if my partner was to enter on a working holiday visa he would only be granted a bridging visa when it expires after a 1 year? Is there not the restriction that someone can only work for one employer for a maximum of 6 months? That sounds like it would be an issue if he were to find a job when he moved and not be able to stay with them.

 

 

Share this post


Link to post
Share on other sites
Guest
7 hours ago, DrPopkorne said:

Are there any negative implications of being on a bridging visa (such as a limit on the jobs you can take, working hours etc) that make it unattractive? Or is it just that 2-3 years is a long time to be on a temporary visa if everything falls apart and your application is unsuccessful? 

Sorry ausj I've kinda hijacked your thread and digressed a little from your discussion - I'll leave it be now!

Mostly that people often struggle to secure meaningful work. Often employers don’t understand a bridging visa and may overlook people. And if there is one thing that can ruin migrating is lack of work or of a job you like and pays decently to live on. It has destroyed plenty of moves before now. It can really see a person start to hate on a place, the people and more. 

Although the falling apart aspect comes in to it also. If the relationship ends while on the bridging visa you have to notify immigration and chances are leave Aus. Although you may only get the temp partner visa to begin with anyways and so if the relationship ends before PR then same thing happens and you need to notify immigration and you may well be leaving Aus. 

You could always look at lodging off shore now if you meet the requirements (they are processing quicker than onshore, sometimes back in 6 months or so but official time is up to 10-14 months iirc). Then apply for a WHV to head to Aus on to wait our the grant and be with your partner from when they leave. Then it means a short trip off shore for the visa to be granted then back to Aus. Most head to Bali or Thailand for a few days. 

 

 

Edited by Guest
added a bit

Share this post


Link to post
Share on other sites
Guest
6 hours ago, ausj said:

I love the discussion and they’re questions I would also ask!

We have no problem being on a bridging visa for 2-3 years as long as he was able to work. What happens if we were to get engaged/married while waiting, do we just inform them of the changes?

Applying on a normal tourist visa would also be fine but it would be preferable for him to be able to work as soon as possible, a wait of 3 months may make things tricky if he were to get a job offer.

Regarding the bridging visa… “The BVA starts when your temporary visa ends.” 

Does that mean if my partner was to enter on a working holiday visa he would only be granted a bridging visa when it expires after a 1 year? Is there not the restriction that someone can only work for one employer for a maximum of 6 months? That sounds like it would be an issue if he were to find a job when he moved and not be able to stay with them.

 

 

Yes you would need to inform them. 
 

The downsides to applying on shore are the things you are mentioning. Would just be tough if he tried to find a job but couldn't start as no visa with work rights. I'd be careful the whole entering on a tourist visa, applying for work on it and also lodging a partner visa. He's clearly not entering Aus with the intent just to visit is he :)

And yes, re the WHV. Bridging visa would kick in at the end of the WHV. Again, you are finding the downsides to an on shore application off the back of  this visa also. The 6 month rule is standard and tbh if using a WHV he can't expect to find meaningful work and stay in it longer. Most WHV people are those using it to travel round Aus, pick up some work to fund their trip and its designed with short term employment in mind. He may find its agency or short term contract work or that if he does find a decent job he has to leave after 6 months. 

Be aware some on a bridging visa do struggle to find decent work. Employers don't understand a bridging visa and can make it harder to find a more permanent job. Some are ok but I've read quite often of people who struggle and are only in casual or short term work. Much depends on the person, the area and the job market section they are competing in. 

 

Share this post


Link to post
Share on other sites
6 hours ago, snifter said:

Yes you would need to inform them. 
 

The downsides to applying on shore are the things you are mentioning. Would just be tough if he tried to find a job but couldn't start as no visa with work rights. I'd be careful the whole entering on a tourist visa, applying for work on it and also lodging a partner visa. He's clearly not entering Aus with the intent just to visit is he :)

And yes, re the WHV. Bridging visa would kick in at the end of the WHV. Again, you are finding the downsides to an on shore application off the back of  this visa also. The 6 month rule is standard and tbh if using a WHV he can't expect to find meaningful work and stay in it longer. Most WHV people are those using it to travel round Aus, pick up some work to fund their trip and its designed with short term employment in mind. He may find its agency or short term contract work or that if he does find a decent job he has to leave after 6 months. 

Be aware some on a bridging visa do struggle to find decent work. Employers don't understand a bridging visa and can make it harder to find a more permanent job. Some are ok but I've read quite often of people who struggle and are only in casual or short term work. Much depends on the person, the area and the job market section they are competing in. 

 

In addition, the Bridging Visa A, which he would g onto when the initial visa expires, does not allow travel outside of oz. He would need to apply for a Bridging Visa B if he wanted to leave and return

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×