Previous visas incorrect info

[JoshC]

Hi,

Me and my girlfriend have been together for 3.5 years however I'm currently back in the UK due to covid implications.
I was previously on 2 student visas whilst we started dating and would now like to apply for a partner visa.

My first question is, would I be better off applying for an offshore partner visa or getting a tourist visa and then applying for an onshore partner visa when I get there?

Secondly, I have recently realised that I put my relationship status as never married rather than de facto as at the time i didn't really know what it meant and thought it was for engaged people and only counted if you had already been dating/living together for over 12 months. Will they compare the de facto visa against my previous student applications and if so would they refuse the de facto visa due to this or is there a way around it?

 

Thanks in advance

[Marisawright]

If you're applying from the UK, then they're being approved fairly fast right now, so I'd take advantage of that.  

[JoshC]

15 minutes ago, Marisawright said:

If you're applying from the UK, then they're being approved fairly fast right now, so I'd take advantage of that.  

Thanks for the info. What about the previous visa application having never married rather than de facto? Would they see that as intentionally giving false information and refuse my de facto visa? 

[wrussell]

https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/providing-accurate-information

May I suggest that you take professional advice from one of the RMAs who posts on this forum?

Edited November 6, 2021 by wrussell

[JoshC]

3 hours ago, wrussell said:

https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/providing-accurate-information

May I suggest that you take professional advice from one of the RMAs who posts on this forum?

So would they class accidentally putting the incorrect relationship status as intentionally providing false or misleading information? Due to the De Facto visa being 12 months we thought that we had to be living together etc for 12 months to put De Facto on my student visa however at the time of application we hadn't been. 

[Marisawright]

25 minutes ago, JoshC said:

So would they class accidentally putting the incorrect relationship status as intentionally providing false or misleading information? Due to the De Facto visa being 12 months we thought that we had to be living together etc for 12 months to put De Facto on my student visa however at the time of application we hadn't been. 

They only have your word for it that it was accidental.  That's going to cut no ice. 

You are a de facto couple when you decide you're a de facto couple.   You can't apply for a partner visa until you've been in a de facto relationship for 12 months.   So this is your problem.  

To be clear, de facto is a relatiionship that is the equivalent of marriage, just without the certificate.   So one way around it is to say you had started sharing a flat, but you weren't sure whether you were fully committed to each other, at the time you applied for your student visa.  

What you need now is a significant date, after you submitted your last student visa application, which you can say was 'the day we decided to commit to each other forever".  That's the date you really became de facto.  You'll need proof of that date, like photos of a celebration, or signing a new lease on your flat, or opening a joint bank account, the more the better.  Then you'll need at least 12 months' evidence of a solid relationship since then.

What's going to complicate matters even further, is the fact that you're not actually together at the moment. You've got a good reason but it still makes it dicey.  If you can't afford to hire an agent to do the whole application for you, I suggest you at least hire one to check over your application before you submit it. 

Edited November 7, 2021 by Marisawright

[Tulip1]

6 hours ago, JoshC said:

So would they class accidentally putting the incorrect relationship status as intentionally providing false or misleading information? Due to the De Facto visa being 12 months we thought that we had to be living together etc for 12 months to put De Facto on my student visa however at the time of application we hadn't been. 

wrussell has suggested you get professional advice.  I’d take up that suggestion if I was you.  It’s not something you can afford to get wrong.  He is a well regarded agent on this forum so you may want to contact him.  

[paulhand]

I’ve answered your question elsewhere. As Westley says, you really should seek some professional advice to get yourself (back) on track. 

[JoshC]

Thanks for the replies. 
We will be getting professional advice before looking at making an application and what the best way to do it is, i just wanted to get some advice before hand so I can know if I should be getting my hopes up or if the chances of getting in are slim. 

[Tulip1]

1 hour ago, JoshC said:

Thanks for the replies. 
We will be getting professional advice before looking at making an application and what the best way to do it is, i just wanted to get some advice before hand so I can know if I should be getting my hopes up or if the chances of getting in are slim. 

I think very few on a public forum will be able to give you concrete correct advice, that’s where the experts come in.  As helpful as many on this forum are, they could possibly be wrong.  If you’re getting professional help anyway why ask a bunch of amateurs, that doesn’t make sense.   Why not reach out to one of the agents on here and then you’ll know whether you can get your hopes up or not.  Imagine getting your hopes up because a well intended person on here told you something that wasn’t right.  Best of luck.