Partner Visa Crossroads - Grateful for Any Input

[Dirk42]

Hey PomsInOz, 

I hope you are well. I currently can't see the wood for the trees, I'm at a crossroads, desperate and grateful for any input. 

I have been in a relationship with my partner since 2016 and we were dating whilst he lived in London but did not live together. He had to return to Australia in 2017 to help care for a terminally ill parent. I visited on holiday in October 2017 and then went to Australia in June 2017 on a WHV for a year. During this time we were living in his family home but did not have a tenancy agreement/pay any rent. We had a joint bank account but it was barely used as only one of us was employed. I was taking care of the day to day expenses. I left Australia in June 2017. We were planning to move together to Ireland and build up our evidence, live and get jobs. We moved over in February 2020. In March 2020, the pandemic hit and we were forced to return to our home countries. We have been apart for the pandemic. He recently visited for the whole of last month. 

I am desperately looking for guidance or input or any thoughts on any way forward. We just want to be together. We've had a tremendous amount of bad luck and sadness and I'm trying to find the chink of light. 

Are we able to apply for a partner visa despite our lack of financial evidence?

Should we try and move to another country and gather more evidence? 

Am I better off trying to return to University and getting a skilled visa in 5yrs time?

We just want to be together.

Thanks in advance

[paulhand]

You are not alone in this type of situation … but based on what you have written, it’s impossible to say what the best option(s) might be for you. You are welcome to get in touch for a full evaluation. I’m afraid it won’t be free, but it will give you a decent overview of how you might be able to move forward. 
 

 

[Marisawright]

9 hours ago, Dirk42 said:

Am I better off trying to return to University and getting a skilled visa in 5yrs time?

The answer to this one is definitely no.  Getting a skilled visa is like applying for a job --- you may have all the right qualifications to qualify, but you have to compete with hundreds of other candidates.  Thousands apply every year and only some of them are picked.   If you can prove a genuine relationship, the partner visa is more certain.

That's your difficulty, of course. It is possible to get a partner visa even if you haven't lived together for the required time.  It's just more difficult.  I wouldn't even attempt it without an agent (and Paul Hand, who replied to you, comes highly recommended).  

If you're willing to get married, you might be able to do a two-stage thing:  there is a thing called a Prospective Marriage Visa, which allows you to come to Australia to get married, and then you can stay and apply for the full partner visa later.  Just don't rush off and get married overseas, because that won't help much.

[Dirk42]

So sorry, forgot to say we got a Civil Partnership in Qld in 2019!

[Nemesis]

9 hours ago, Dirk42 said:

So sorry, forgot to say we got a Civil Partnership in Qld in 2019!

That could make all the difference, as it is virtually as good as being married. You would still need to show why you had been apart, and how you have kept in touch, but it will make things a lot easier.

[Dirk42]

Thanks so much for your input. 

Is anyone actually able to tell me the impact of having a Partner Visa Refusal? 

I am struggling to find any information at all about it. If we are apply but are refused for lack of financial evidence for example, what happens then?

Am I unable to ever apply for another partner visa again? Are my chances severely damaged? Am I banned from Australia? 

[Nemesis]

43 minutes ago, Dirk42 said:

Thanks so much for your input. 

Is anyone actually able to tell me the impact of having a Partner Visa Refusal? 

I am struggling to find any information at all about it. If we are apply but are refused for lack of financial evidence for example, what happens then?

Am I unable to ever apply for another partner visa again? Are my chances severely damaged? Am I banned from Australia? 

All that depends on why they refuse it, if they do refuse it at all. Having that civil partnership should count for a lo. In your shoes I would contact an agent - Paulhand, who answered you above, should be able to help.

[paulhand]

13 hours ago, Dirk42 said:

Is anyone actually able to tell me the impact of having a Partner Visa Refusal? 

It depends on where you are and the details behind the refusal. There are too many variables to give accurate advice on a public forum. 

[Marisawright]

13 hours ago, Dirk42 said:

Thanks so much for your input. 

Is anyone actually able to tell me the impact of having a Partner Visa Refusal? 

The main impact is that you lose the application fee, and that's a lot of money to lose. 

As Paul mentions, it depends on circumstances. However let's say you were refused because they felt you hadn't provided sufficient evidence that you've been together in a genuine relationship.  That won't have any negative impact, but it does mean you'll have to wait until you've actually been living together long enough to apply again.

If, on the other hand, your application is rejected because you lied on the application, that can have serious consequences if you re-apply.  The risk is that if you make a mistake on the application, that could be interpreted as a deliberate lie, so you have to be careful.

[JMcKie]

@Dirk42 if you can afford it I would 100% recommend using an agent to help you with the process. Considering the cost of a partner visa, paying that little bit extra will give you piece of mind, it certainly did for me. @paulhand that commented above is one of a few on the forum. In the meantime I would certainly get some initial advice to discuss your case.

Edited July 3, 2022 by JMcKie
Added missing text