jlai928 Posted October 21, 2019 Share Posted October 21, 2019 Hi all, I am after some advice. My situation is the following: My partner is from the UK and I have a Hong Kong and a Canadian passport. We met when I was finishing my studies in the UK (university). We have been friends for a very long time however only been actually in a relationship since May 1st 2019. I am starting a masters in Febuary of 2020. I have planned to leave for Australia at the end of January 2020. We are currently apart (from october 5th) as I have had to go home to Shanghai until then and she is planning to visit me once in January for two weeks and then finally move to Australia on a working holiday visa. While she is on her WHV we plan to live together and build de facto status for the hopes that she can be added to my student visa at a later date (I will declare it when I apply). My concern is that even though we have been in a relationship since May, our 'de facto' status will not start until January at the earliest (I'm going to open a joint account where she will put some money in and so we can make it look like we share some small expenses and bills) or April (when she comes) at the latest. That isn't enough time of 'living together' since as her WHV comes to an end we will have to add her to mine. Do you think they will take evidence that we have been dating since May although not living together? We have shared flights, shared trips, expenses, dinners, gifts pictures etc. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted October 21, 2019 Share Posted October 21, 2019 Check on the requirements. Usually the requirements for de facto are less stringent for temporary visas, 6 months should be sufficient. Quote Link to comment Share on other sites More sharing options...
jlai928 Posted October 21, 2019 Author Share Posted October 21, 2019 52 minutes ago, rammygirl said: Check on the requirements. Usually the requirements for de facto are less stringent for temporary visas, 6 months should be sufficient. Thanks for your reply but it does say de facto which I understand is one year? Can you provide some further information as where you saw that a shorter time period will suffice if adding partner on to a temporary (student) visa? Quote Link to comment Share on other sites More sharing options...
rammygirl Posted October 21, 2019 Share Posted October 21, 2019 You are not applying for a partner /de facto visa, you are applying for a Student visa and adding a partner. For temporary visas the requirements are usually 6 months. this isn't clear for student visas on a quick check though. It does say on this form the requirement is 6 or 12 months depending on the visa. Also check if the work permissions are OK for you both, she might be able to work longer hours on a WHV. You can add her as a subsequent entrant later I believe. You may need to run this past a registered agent to get a clear answer though. 1496i.pdf Quote Link to comment Share on other sites More sharing options...
jlai928 Posted October 21, 2019 Author Share Posted October 21, 2019 6 minutes ago, rammygirl said: You are not applying for a partner /de facto visa, you are applying for a Student visa and adding a partner. For temporary visas the requirements are usually 6 months. this isn't clear for student visas on a quick check though. It does say on this form the requirement is 6 or 12 months depending on the visa. Also check if the work permissions are OK for you both, she might be able to work longer hours on a WHV. You can add her as a subsequent entrant later I believe. You may need to run this past a registered agent to get a clear answer though. 1496i.pdf I see and this is literally a god send. I will obviously do more research but thank you so much. We just want to be together. Quote Link to comment Share on other sites More sharing options...
paulhand Posted October 21, 2019 Share Posted October 21, 2019 "if: (a) a person mentioned in subregulation (1) applies for: (i) a permanent visa; or (ii) a Business Skills (Provisional) (Class UR) visa; or (iia) a Business Skills (Provisional) (Class EB) visa; or (iii) a Student (Temporary) (Class TU) visa; or (iv) a Partner (Provisional) (Class UF) visa; or (v) a Partner (Temporary) (Class UK) visa; or (vi) a General Skilled Migration visa; and (b) the applicant cannot establish compelling and compassionate circumstances for the grant of the visa; the Minister must be satisfied that the applicant has been in the de facto relationship for at least the period of 12 months ending immediately before the date of the application." 1 Quote Link to comment Share on other sites More sharing options...
rammygirl Posted October 21, 2019 Share Posted October 21, 2019 There you go, agents have access to more information than is available on the immi website. Looks like 12 months then, sorry. Thanks Paul! Quote Link to comment Share on other sites More sharing options...
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