OVockns Posted July 23, 2021 Share Posted July 23, 2021 Hi there, I am an UK/Australian Citizen currently living in the UK. My parents and all immediate family already live Brisbane. I am able to move back to Aus at any point and live/work without any issues. However, my now partner is not. We are not married, and he is a UK citizen only. We would like to move to Aus in 2023, could you please advise how that would work? Would it be easier if we married before we applied for his visa? We at the very beginning of this process of moving, and I have many other questions, but this is the first. Quote Link to comment Share on other sites More sharing options...
Jon the Hat Posted July 23, 2021 Share Posted July 23, 2021 Welcome! You need to apply for a partner visa 309/100 offshore. You have time, it typically takes 6-12 months from the UK, and once it is granted you normally have ~ 12 months to enter Australia to activate your visa, then up to 5 years to settle in Australia. Start now! Familiarise yourself with the requirements. You don't need to be married, but you have to be living as if you were - Defacto. Not dating, not we've now decided to move in together and want to move, but when you apply you will need to demonstrate a shared life together for a period, shared costs, family life, that family and friends treat see you and treat you as a couple. You will need to evidence this in a number of categories, including shared bills, memberships, wills naming each other and the like. It takes time pull it all together (whether you DIY or use an agent). I suggest you start to keep everything as of now if you are not already: Bills in both names covering the whole period Lease or house ownership together joint bank accounts Wills Travel together - tickets and photos etc. It isn't difficult but it is time consuming. Good luck! 1 Quote Link to comment Share on other sites More sharing options...
Ken Posted July 25, 2021 Share Posted July 25, 2021 On 23/07/2021 at 22:09, OVockns said: Hi there, I am an UK/Australian Citizen currently living in the UK. My parents and all immediate family already live Brisbane. I am able to move back to Aus at any point and live/work without any issues. However, my now partner is not. We are not married, and he is a UK citizen only. We would like to move to Aus in 2023, could you please advise how that would work? Would it be easier if we married before we applied for his visa? We at the very beginning of this process of moving, and I have many other questions, but this is the first. Definitely is easier if you are married because you then have a marriage certificate. The rule are that a defacto couple will be treated the same a married couple but you need to put together a lot of evidence to prove that you are a defacto couple whereas that is normally covered by one piece of paper for a married couple. I say normally because of course if they have any concerns (and if you got married immediately before applying that might be the case) they can ask for more evidence. 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted July 25, 2021 Share Posted July 25, 2021 1 hour ago, Ken said: Definitely is easier if you are married because you then have a marriage certificate. The rule are that a defacto couple will be treated the same a married couple but you need to put together a lot of evidence to prove that you are a defacto couple whereas that is normally covered by one piece of paper for a married couple. Actually, that is not true. A lot of partner visa applications are refused because couples think, "I don't have to prove we're a genuine couple because the marriage certificate proves it". Unfortunately there have been so many people trying to get a visa by paying someone to marry them, Immigration now expects as much evidence from a married couple as they do from a de facto one. 2 Quote Link to comment Share on other sites More sharing options...
newjez Posted July 25, 2021 Share Posted July 25, 2021 (edited) 3 hours ago, Marisawright said: Actually, that is not true. A lot of partner visa applications are refused because couples think, "I don't have to prove we're a genuine couple because the marriage certificate proves it". Unfortunately there have been so many people trying to get a visa by paying someone to marry them, Immigration now expects as much evidence from a married couple as they do from a de facto one. Are there any age or health related issues on the married/partner visa Marisa? Also, if you have had one before would it be easier to get one again? Would it make sense to start the process a year before you intended to come? During the Length of the visa, are you allowed to leave Australia for any period of time? How long before you can apply for citizenship, and are there any requirements? Edited July 25, 2021 by newjez Quote Link to comment Share on other sites More sharing options...
JSummer Posted July 25, 2021 Share Posted July 25, 2021 We went through this last year. I had loads of questions too at the time! Feel free to pop me a message on here and I'd be happy to help with any questions! Quote Link to comment Share on other sites More sharing options...
Metoo Posted July 25, 2021 Share Posted July 25, 2021 Regarding evidence, put everything in joint names if not already. Car insurance, AA membership, electric bill, gas’s bill, rent contract (if you have one) council tax, Photos of you both taken at family weddings/Christmas/Birthday parties etc You will need a statement from a non family member who knows you both and will testify that you are a couple in a genuine relationship. Your partner will need a medical examination and a police check (don’t do either of those things until you are asked to as they expire after 6 months. oh, and start saving up, this is an expensive project (-: We did ours without an agent, it was quite simple but very time consuming. Lots and lots of forms to fill in but all info that only you can provide so even if you paid an agent, you still have to collect all the info yourself. Good luck Quote Link to comment Share on other sites More sharing options...
NicF Posted July 25, 2021 Share Posted July 25, 2021 19 hours ago, Marisawright said: Actually, that is not true. A lot of partner visa applications are refused because couples think, "I don't have to prove we're a genuine couple because the marriage certificate proves it". Unfortunately there have been so many people trying to get a visa by paying someone to marry them, Immigration now expects as much evidence from a married couple as they do from a de facto one. Agreed. Even when I did my partner visa 11ish years ago we still had to provide evidence of an ongoing, lasting relationship over and above a marriage certificate, even after 8 years of marriage and 2 kids together. I doubt they have become less strict about this since then. Quote Link to comment Share on other sites More sharing options...
rtritudr Posted July 26, 2021 Share Posted July 26, 2021 21 hours ago, Marisawright said: Actually, that is not true. A lot of partner visa applications are refused because couples think, "I don't have to prove we're a genuine couple because the marriage certificate proves it". Unfortunately there have been so many people trying to get a visa by paying someone to marry them, Immigration now expects as much evidence from a married couple as they do from a de facto one. You are quite right about partner visas, but for travel exemptions so far a simple marriage certificate has been all that's required. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted July 26, 2021 Share Posted July 26, 2021 9 minutes ago, rtritudr said: You are quite right about partner visas, but for travel exemptions so far a simple marriage certificate has been all that's required. The OP is talking about a partner visa. 1 Quote Link to comment Share on other sites More sharing options...
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