Bloodr0se Posted November 29, 2020 Share Posted November 29, 2020 (edited) My girlfriend was issued with a 407 in early 2020 for a trainee role in Western Australia and I was issued with a 13 month accompanying spouse visa that had to be activated by August 2020. She left for Australia in February to start her new job and I was due to follow at Easter and I'm going to assume you can guess how that plan went. Obviously Australia didn't reopen the border before my visa activation date expired. Her job (healthcare professional) prevents her from travelling overseas. Also, if she did right now then she obviously wouldn't be able to get back into Australia again so at this point we haven't seen each other for 9 months. Her employer will apparently allow her to continue working there after her current contract and visa expires but I'm not sure under what conditions and visa subclass. She is going to query that with them. My questions for the more knowledgeable folks on this forum are as follows: 1. Considering we have now been apart for 9 months, can she still declare me as a dependent on her new visa application? We aren't married but are engaged. 2. If the answer to question 1 is yes and that application was fortunate enough to be granted then would I be in any way eligible to apply for a travel exemption under compassionate grounds considering she isn't allowed to visit me and therefore we have no other means of reconciliation? Thanks in advance for any advice and sorry for the long post. I just thought the more detail I provided, the easier it might be for people to offer advice. Edited November 29, 2020 by Bloodr0se Quote Link to comment Share on other sites More sharing options...
Marisawright Posted November 30, 2020 Share Posted November 30, 2020 I'd suggest having a consultation with a good migration agent. There will be a cost, but if you get this wrong, you could ruin your chances of being together - how much is that worth to you? Try Suncoast Migration or Go Matilda. The fact that you were issued a spouse visa on her existing visa should count in your favour. 1 Quote Link to comment Share on other sites More sharing options...
paulhand Posted November 30, 2020 Share Posted November 30, 2020 1. Yes 2. You can apply, but your chances may be slim at present 1 Quote Link to comment Share on other sites More sharing options...
Bloodr0se Posted November 30, 2020 Author Share Posted November 30, 2020 50 minutes ago, paulhand said: 1. Yes 2. You can apply, but your chances may be slim at present Thank you so much. I figured your answer to question two would be the case however if we have to wait a few more months then that's just something we would have to do at this point. Quote Link to comment Share on other sites More sharing options...
Bloodr0se Posted November 30, 2020 Author Share Posted November 30, 2020 Just to add that I noticed during lunch today that I could potentially be eligible for a subclass 190 or 491 based on my qualifications and work experience as an IT professional. Would it be worth me pursuing that further as a backup or would it just further complicate things? My occupation is on the list for Western Australia. I scored a 70 without state nomination and a 75 with nomination on the 190 points test. I scored a 70 without state nomination and an 85 with nomination on the 491 points test. Quote Link to comment Share on other sites More sharing options...
paulhand Posted November 30, 2020 Share Posted November 30, 2020 48 minutes ago, Bloodr0se said: My occupation is on the list for Western Australia. It's not unless you are a graduate of a WA university... 1 Quote Link to comment Share on other sites More sharing options...
Bloodr0se Posted November 30, 2020 Author Share Posted November 30, 2020 2 minutes ago, paulhand said: It's not unless you are a graduate of a WA university... Sorry, yes, you're absolutely right. I thought that seemed a little too good to be true. I should have read the list more carefully really. Quote Link to comment Share on other sites More sharing options...
Bloodr0se Posted December 3, 2020 Author Share Posted December 3, 2020 Sorry, one further follow up question if that's OK. How would we go about proving our continued relationship in light of the current situation? When we initially applied last year, we hadn't quite been living together for 12 months (I think we were around 10 months into cohabitation by that point) but we included a brief letter of explanation as well as some supporting documents and photos of us together on holidays etc. Obviously evidence from the last 9 months or so is going to be much thinner. We have my flight confirmation and the subsequent cancellation plus receipts from places we were meant to stay during my initial trip to Australia plus a couple of letters with her name and our shared UK address on them and shipping receipts from presents we've sent to each other in the time we've been apart. I'm guessing our situation isn't going to be unique this year but I'm just wondering what kind of proof would be required so we can start gathering any necessary documents ahead of time. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted December 4, 2020 Share Posted December 4, 2020 4 hours ago, Bloodr0se said: Sorry, one further follow up question if that's OK. How would we go about proving our continued relationship in light of the current situation? When we initially applied last year, we hadn't quite been living together for 12 months (I think we were around 10 months into cohabitation by that point) but we included a brief letter of explanation as well as some supporting documents and photos of us together on holidays etc. Obviously evidence from the last 9 months or so is going to be much thinner. We have my flight confirmation and the subsequent cancellation plus receipts from places we were meant to stay during my initial trip to Australia plus a couple of letters with her name and our shared UK address on them and shipping receipts from presents we've sent to each other in the time we've been apart. I'm guessing our situation isn't going to be unique this year but I'm just wondering what kind of proof would be required so we can start gathering any necessary documents ahead of time. The 12 months co habitation requirement is for a Partner Visa. The requirements to be included as a secondary applicant on most temporary visa is much lower. The Regulations provide scope for couple's who have been living apart for a period of time, if the time apart can be reasonably explained. You would be wise in seeking some professional advice. 1 Quote Link to comment Share on other sites More sharing options...
Bloodr0se Posted December 4, 2020 Author Share Posted December 4, 2020 10 hours ago, Raul Senise said: The 12 months co habitation requirement is for a Partner Visa. The requirements to be included as a secondary applicant on most temporary visa is much lower. The Regulations provide scope for couple's who have been living apart for a period of time, if the time apart can be reasonably explained. You would be wise in seeking some professional advice. Thank you. I believe at the time we applied for it they stated a 12 month common-law/cohabitation requirement for unmarried accompanying partners but it's possible that I'm mistaken or they've changed it since then. Her original visa was 407 but I'm not sure what the new one will be. She was on a 12 month trainee contract with the local health authority. I believe her employer are handling the application paperwork this time whereas last time we did it all ourselves offshore. Quote Link to comment Share on other sites More sharing options...
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