Partner Visa

[JhughesCdf]

Hi, I'm wondering if someone is able to help me in regards to partner Visas? I myself am an Australian Citizen living in the UK and and am desperately wanting to move back to Australia with my boyfriend who is an British Citizen. I've been looking at the options for a Parter Visa and am wondering if people are able to give me their opinions/experience of what the best options are? So far the information I have found on Visa's is this:

Subclass 820 - You have to be in Australia to apply. Could he go out on a working holiday visa and then look to apply for a partner visa or would the conditions then be we have to prove we have lived in Australia together for one year and could not give evidence of our living with one another here in the UK?

Subclass 309 - Usually, you need to be outside of Australia when applying for this. If we were to choose this option, would he be able to travel out to Australia for a holiday or is this not allowed when this visa has been applied for?

Any help with the above would really be appreciated.

Thanks

J

  

[wrussell]

"Boyfriends' do not qualify to apply for a partner visa. To satisfy the relevant schedule 1 (valid application) criteria applicants must have been in  de facto relationship for at least 12 months at the date of application (not necessarily living together) or be married, or have a registered relationship. 

An offshore 309 partner visa application, followed by a visitor application, or a  working holiday visa followed by an onshore partner application are possibilities, but are almost certainly not the best available visa strategies.

May I suggest that you consult one of the registered migration agents who posts on this forum for an assessment?

Edited February 20, 2020 by wrussell

[JhughesCdf]

Thank you for your response, I'm sorry for the mix up. We have been living together for a year and pay bills equally so I would class us as de facto. I'm just used to saying boyfriend, I should have really though of this before posting.

I'll have a hunt through for one of the migrant agents to see if they can help point me in the right direction.

 

[wrussell]

Quote

 I'm just used to saying boyfriend

Fatal error!

The RMAs on this forum, including me, have their contact details in their signatures.

If you want me to have a look at your case, please go to my website pinoyau.com and use the contact form.

[Marisawright]

In normal parlance in parts of the UK, boyfriend is still often used to refer to one’s live-in partner. The term de facto is rare and the word partner doesn’t convey  gender. 

So, not a fatal error in ordinary speech, just best not used when talking to Immigration

[ramot]

40 minutes ago, Marisawright said:

In normal parlance in parts of the UK, boyfriend is still often used to refer to one’s live-in partner. The term de facto is rare and the word partner doesn’t convey  gender. 

So, not a fatal error in ordinary speech, just best not used when talking to Immigration

My daughter referred to her very long term partner as her boyfriend, never as de facto. I think it’s a generation thing. I admit I thought it odd, but what do I know!! They were in a Genuine  committed  relationship, partner visa granted and married after 8 years together.

[Marisawright]

1 hour ago, ramot said:

My daughter referred to her very long term partner as her boyfriend, never as de facto. I think it’s a generation thing

Actually I’d have thought it was the other way around. I remember first encountering the term de facto in Sydney and being pleased to discover there was a proper name for it. Where I came from in Scotland all the words for living together were derogatory 

[ramot]

16 minutes ago, Marisawright said:

Actually I’d have thought it was the other way around. I remember first encountering the term de facto in Sydney and being pleased to discover there was a proper name for it. Where I came from in Scotland all the words for living together were derogatory 

Ah but neither of us sadly are in our thirties, said in jest. Not any of her friends who are living together have ever mentioned de facto, they are just known as living together as a couple. I really think introducing your other half as your partner makes far more sense than boyfriend. The only time my daughter mentioned it was in relation to registering as a de facto couple with NSW government.

[Marisawright]

On 21/02/2020 at 05:16, JhughesCdf said:

Subclass 820 - You have to be in Australia to apply. Could he go out on a working holiday visa and then look to apply for a partner visa or would the conditions then be we have to prove we have lived in Australia together for one year and could not give evidence of our living with one another here in the UK?

Subclass 309 - Usually, you need to be outside of Australia when applying for this. If we were to choose this option, would he be able to travel out to Australia for a holiday or is this not allowed when this visa has been applied for?  

If you're already living together and have shared bank accounts etc, then that's what matters.  For both those visas, you need to prove you've been in a de facto relationship for at least 12 months - it doesn't matter which country you're living in.  

On the face of it, moving to Australia on a WHV and then applying for a 820 would seem to be the best solution.  If he goes for the 309, then he can get tourist visas to visit you on holidays during the waiting period, but he wouldn't be allowed to work.