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Martin Meszaros

Long term relationship

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Hey guys hope you are doing well !

I must admit I couldn’t be happier to come across this fantastic website helping me clearly understand the partner visa process! I’d love to ask a question regarding the partner visa and possibility of requesting of being granted the permanent partner visa under circumstances of a long term relationship (3 years in a partner relationship).

We got married with my wife (an Australian citizen) over a year ago (since when we have started living together) and we’re meeting all eligible requirements for a Temporary partner visa on the basis of our marriage (subclass 309/100).

We met in Sydney in June 2015 and after a month of seeing each other we decided to have a mutual commitment to a shared life to the exclusion of all others and our relationship was genuine and continuing. We lived at my partner parents´ house only for 2 months. At the end of the year 2015 my study visa had expired and I must left back for Europe, since when we embarked upon a long distance partnership (visiting each other every 3 months). The long distance relationship lasted one and a half year - up until we got married.

Per above mentioned, my question is as follows:

Am I eligible to claim that we’re in a de-facto relationship before we got married, (living at future in-laws for 2 months and having 1,5 years long distance partnership) havinga substantial amount of evidence proving our partnership was genuine and continuing?

 

Thank you heaps for any feedbacks and hints which might bring a bit of light to this matter.

Any help would be greatly appreciated.

 

Martin

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Hi Martin,

It is possible to claim long-term relationship based on a combination of de facto and spousal relationship. However the grant of 801 straightaway is discretionary.

 

Choon Ghee (Sara) Gan

MARN 1574687

 


Choon Ghee (Sara) Gan

MARN 1574687

https://www.newpagemigration.com/

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Quote

However the grant of 801 straightaway is discretionary.

Check the PAMs

Long-term relationship

Under 801.221(6A) the BS-801 visa can be granted within the two-year period if the relationship was already long-term when the visa application was made.

In this situation (see also section 12 If the partner relationship is long-term), if the s65 delegate decides that the UK-820/BS-801 applicant: 

  • is otherwise eligible to be granted a UK-820 visa

  • can satisfy the Schedule 2 long-term partner relationship criterion (see also the regulation 1.03 definition) and

  • has notified the department of their relevant circumstances either in their application or subsequent correspondence

the delegate is to, immediately after granting the UK-820 visa, assess the BS-801 application and, if Schedule 2 criteria are satisfied, should proceed to grant the BS-801 visa.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Hey guys, 

thank you heaps for your advice Sara Gan and wrussell. We´re just gathering suffcient amount of evident mainly focusing on the time of separation as that would be the critical to adress though (individual tax returns listing each other as a de-facto partner etc. could work).

What we´re planning to do is to write down a "Request Letter" requesting to be granted a PR without having to wait 2 years.

 

Cheers 

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