Meeting requirements of a ‘sponsor’ whilst both living outside Australia

[bella1458]

Hi all,

I am a British citizen with Australian PR. It was granted in 2015. In 2016 I returned to the UK & have been living in a defecto relationship with my British partner since. Before this I was in Australia a total of 6 years.

After 2 years in Uk I really want to go home.... so we are looking at our options for visas for him. His profession (software engineer/developer) is on the skilled visa list & it was always our plan to apply for 189 however we stupidly kept putting it off & now with all the recent changes to the skilled migration route it just seems they are making it harder and longer to come in via this path.

So we have started looking at partner visa options. We meet all the requirements in terms of our relationship, however I am concerned that I do not meet requirements as a Sponser. I’ve read on the IMMI site that to meet requirements of a sponsor id have to usually live in Australia, which I haven’t done for 2 years now so I’m not sure how I can achieve this without returning without him. Which financially & emotionally would be very difficult to do especially for the length of time these applications take to process. 

Has anyone else got any experience of applying in this way? 

Thankyou for any advice!

[wrussell]

Do not take migration advice from DoHA officers or publications; including their website.

You almost certainly will not have a problem with the issue you mentioned.

May I suggest that you consult a registered migration agent for advice about visa strategy?

[Jojobluesox2]

I am on this situation too, my PR runs out Dec 2020 and I’ve been living in uk in same town but not living together with English man for 18 months. I also have taken my citizenship test Jan this year but probably won’t be approved whilst I am out. Any advice is it PMV or partner visa? What happens if I have to go back to Aus before visa granted (so my PR doesn’t run out).

[Marisawright]

3 hours ago, Jojobluesox2 said:

I am on this situation too, 

You're not quite in the same situation, because the OP says they have "been living in a de facto relationship" since 2016.   You haven't, and that is why you would find it difficult to get a partner visa.  

Legally, "de facto" doesn't just mean "in a committed relationship".   It means "living in the equivalent of marriage".   Some people do manage to get a partner visa even though they've been living apart, but they have to show compelling reasons why it was impossible to move in together.   You'd also have to show that you were behaving as if you were married in every other way possible for the 12 months - shared finances, for instance.  

You sound as though you could easily satisfy the requirements for a committed relationship for the PMV, which doesn't require you to live together.

If you have to go back to Australia before the visa is granted, that's no problem.  In fact, it could be an advantage because you will then be residing in Australia.  Your partner could come and visit you on a tourist visa while you wait for his visa to come through.   

Edited August 11, 2019 by Marisawright

[wrussell]

Your PR does not expire, only the travel right does.

Once your citizenship is granted you will not face the same 'usually resident' issue that applies to permanent residents residing overseas. 

The previous advice:

Quote

You sound as though you could easily satisfy the requirements for a committed relationship for the PMV, which doesn't require you to live together.

is worth assessing.

The applicant must be offshore to apply for this visa and offshore for the grant and it costs a little more.