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Elliejonessxo

Help with partner visa

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So I’m from the uk currently in a relationship with my aus boyfriend.

we met online about a year ago, and met within 6 months, we’ve saw each other 3 times for a month at each visit. He’s been to the uk twice and I’ve been to aus once but I’m going back in April! His parents are coming over in August, and he’s coming back with me in may to stay here for 6 months.

so we’re wanting to be together in Australia - Townsville to be exact. But we don’t have a clue what visa to get.

obviously we can’t prove we’re in a de facto relationship - because we’ve never lived together, no joint bank accounts, bills, no housing commitments. 

So we’re just classed as dating. However you can’t get a visa whilst your dating. We’re so stressed out because we just want to be together. 

Also I have a 6 year old son who resides with me in the uk so I can’t get a working visa over in aus. 

Can someone please help us out haha x

 

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Have you considered getting married?

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Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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If you are willing to get married then a prospective marriage visa is possible. 

Be aware you need authority from your child's father to remove him. This is regardless of the fathers relationship or you would need a court order. 

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We have discussed that.. 

My partner and sons father are actually friends, he’s agreed that he would allow my son to reside over there, on the basis that we pay for his flights and come back once a year - which were more than happy to do. 

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1 hour ago, Elliejonessxo said:

We have discussed that.. 

My partner and sons father are actually friends, he’s agreed that he would allow my son to reside over there, on the basis that we pay for his flights and come back once a year - which were more than happy to do. 

That's fine, but the point we're making is that you'll need him to give written, official permission before you can go, so don't forget to get that sorted.

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Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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11 hours ago, Elliejonessxo said:

We have discussed that.. 

My partner and sons father are actually friends, he’s agreed that he would allow my son to reside over there, on the basis that we pay for his flights and come back once a year - which were more than happy to do. 

He might want that in writing, in which case you could be trying yourself into paying twice a year for many thousands of pounds for the next 12 years.  Expensive.

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PR (100) granted 12 Nov 2018, validation Trip Feb 2019, planning to move to Perth Sep-Oct 2019!

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1 hour ago, Jon the Hat said:

He might want that in writing, in which case you could be trying yourself into paying twice a year for many thousands of pounds for the next 12 years.  Expensive.

Yes, definitely need that in writing as not only will it cost you a huge amount of money but will eat into your holiday options for years.  Is dad and son ok to only see each other twice a year? 

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12 hours ago, Marisawright said:

That's fine, but the point we're making is that you'll need him to give written, official permission before you can go, so don't forget to get that sorted.

 

I have done research about it all. I’ve spoke about getting an affidavit for his father. My son was my main priority over anything. 

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2 hours ago, Jon the Hat said:

He might want that in writing, in which case you could be trying yourself into paying twice a year for many thousands of pounds for the next 12 years.  Expensive.

We were the ones who suggested paying his fathers flights once a year, and I want to come back to the uk to spend time with my family. Money isn’t really a problem with us, we have pretty stable incomes. I would be happy to pay thousands of pounds for my son to have a relationship with his father - it’s just a matter of time until his father lets him down like he does here in the uk. 

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54 minutes ago, Tulip1 said:

Yes, definitely need that in writing as not only will it cost you a huge amount of money but will eat into your holiday options for years.  Is dad and son ok to only see each other twice a year? 

Yeah I will be getting an affidavit for the permission from his father. I will also be adjusting a court order that I had in place for his father to actually see his son, as he didn’t really make much of an effort.

my sons dad is perfectly fine to see his son twice a year as long as he doesn’t have to pay csa. 

My son also understands what will be happening.

My sons father will be coming over for a month at a time. I will be coming over 6 weeks. 

Just to make it clear too, my son sees his father once a month - it’s also been 2 months since he last saw him. 

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2 hours ago, Elliejonessxo said:

We were the ones who suggested paying his fathers flights once a year, and I want to come back to the uk to spend time with my family. Money isn’t really a problem with us, we have pretty stable incomes. I would be happy to pay thousands of pounds for my son to have a relationship with his father - it’s just a matter of time until his father lets him down like he does here in the uk. 

I and I'm sure the others aren't trying to be rude, it's just that this kind of thing can become a huge burden over time.  Many many people move to Australia intending to go back every year, and family intend to come and visit, but often the appeal reduces after a few years, and there are so many other things that eat up your cash.  We just want to make sure you have thought it all through, and it certainly seems you have.  Good luck with working out your visa!

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PR (100) granted 12 Nov 2018, validation Trip Feb 2019, planning to move to Perth Sep-Oct 2019!

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8 hours ago, Elliejonessxo said:

Can we register even though we don't qualify as defacto?

i am pretty sure, i havent done it myself but it doesnt say anything about needing to be in a defacto relationship

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9 hours ago, Elliejonessxo said:

Can we register even though we don't qualify as defacto?

If you’re not de facto, why are you asking about partner visas?

 To register a relationship, it must be a genuine de facto relationship but you don’t need to have been together for any minimum length of time 


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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12 hours ago, Elliejonessxo said:

Can we register even though we don't qualify as defacto?

To qualify as de facto for a visa you need (as you know ) 12 months cohabitation. Registering the relationship, just like getting married, removes the need for the 12 months.  In Qld,one partner must be a state resident, and both of you must be single and "free to marry".  You then use the registration instead of marriage when applying for the visa. 

No need to prove any time living together - it just replaces the marriage certificate. 

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If you're going to be working in Aus have a re-think about the going back for 6 weeks.  You may find you only have about 4 or 5 weeks annual leave and i'm sure you'd also want to take some family holidays in aus with your son and new partner.  Only having one block of leave each year might prove become a bit draining for you.

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I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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13 hours ago, Marisawright said:

If you’re not de facto, why are you asking about partner visas?

 To register a relationship, it must be a genuine de facto relationship but you don’t need to have been together for any minimum length of time 

See it’s hard for us, as even though we’ve spent time together, we haven’t lived together. But he is coming to the uk on a working visa for as long as he can - or until we’ve reached financial stability with my visa. 

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9 hours ago, Nemesis said:

To qualify as de facto for a visa you need (as you know ) 12 months cohabitation. Registering the relationship, just like getting married, removes the need for the 12 months.  In Qld,one partner must be a state resident, and both of you must be single and "free to marry".  You then use the registration instead of marriage when applying for the visa. 

No need to prove any time living together - it just replaces the marriage certificate. 

So we could register the relationship? And just go for the de facto visa? 

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23 minutes ago, ali said:

If you're going to be working in Aus have a re-think about the going back for 6 weeks.  You may find you only have about 4 or 5 weeks annual leave and i'm sure you'd also want to take some family holidays in aus with your son and new partner.  Only having one block of leave each year might prove become a bit draining for you.

I still need to work it all out. But it’s hard thinking I’m going to be leaving my family - especially my mum and brothers. 

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1 hour ago, Elliejonessxo said:

I still need to work it all out. But it’s hard thinking I’m going to be leaving my family - especially my mum and brothers. 

Trying to work out what visa you are going to apply for that will give you the right to live and work here? You don’t appear to be in. A De facto relationship yet? So even if you register your relationship does that alter your status? so you can move here.

Qld might be different, but my daughter in NSW’s lived properly with her partner for over 6 months before they registered their relationship, and then left it for more months before they could legally apply for the partner visa.

I have been on PIO a long time, and always recommend getting the correct advice from an MA rather than well meaning advice from posters. Have seen some dreadful advice given in my time. 

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2 hours ago, Elliejonessxo said:

I still need to work it all out. But it’s hard thinking I’m going to be leaving my family - especially my mum and brothers. 

Would it be easier if he 'migrated' to the UK?  You wouldn't have to leave your family and no worries about the expense of flying your ex over to Australia regularly for the sake of him and your son.

Edited by Toots
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5 hours ago, Elliejonessxo said:

So we could register the relationship? And just go for the de facto visa? 

You register the relationship and then apply for the visa as if you were married, except that instead of the marriage certificate you have the Registered Relationship certificate. That means you don't have to prove any time living together - same as if you were married.

Your son goes on the application as your dependent. 

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