Aappy Posted August 17, 2011 Share Posted August 17, 2011 Hello everyone, I hope I can get some help and clear up lots of conflicting information! And I'll probably bore you all to death with my story but here goes..... I met my OH (Aussie) July 2010 in the UK, our relationship became official in August 2011, he flew back to Oz October 2010 and he asked me to join him there in Dec 2010 (so we spent 2 months apart but in contact etc). As we had only just started the relationship I decided to go on a WHV for 12 months to see if I liked Oz etc and to also do some travelling (so far we have travelled most of NSW and a little bit of QLD) We live together and have done so since I arrived in Australia - BUT at his parents house, we pay weekly board, cook, clean etc and we have a joint bank acct and our own bank accts and have our bills addressed to where we live. We both work (both casual jobs) We have also registered our relationship recently with the NSW births, deaths, marraiges & we are both next of kin on our super funds (So i think we can provide some good evidence!!) Now my questions are: Would me having a WHV cause a problem in applying for the partner visa? I don't feel I've broken my visa terms because I have done some travelling and I am working (my partner is a rugby league player so he gets offers of contract from all over the world so we weren't sure we'd be staying in Aus anyway) I am worried they will think I have come out here with the intention of staying, but we have only decided to stay recently because my OH has been offered another rugby league contract here Second when do I put my application in because an agent from the Immi Info Line told me to submit my application via post, not person, a few weeks before my WHV runs out, someone else at the Immi Info Line has told me to go into my nearest office on the day my WHV runs out and apply then... so confused!! Thirdly do I have to apply for a bridging visa at the same time I put my application in, if so do I fill out a form? Costs involved? Or do I leave it and Immi sort one out automatically? Or do I do nothing at all? And finally do I need to get an Australian police check or just the UK one, I will have lived in Aus on my WHV for 12 months in December 2011 so I was unsure if I still need to get one. I am planning on front loading my application too as we have saved up for the medical costs and the visa costs already Just also on another note, me and my OH are planning on a 4-6 week trip back to the UK to visit my family in October 2011 (I won't be able to afford to visit them next year and have my sisters wedding in the UK in 2013 to save up for) and to also visit a few European countries whilst we have the chance. Will this affect the 12 month living arrangement requirement and cause any upsets with my application? Sorry for the essay and all the questions, I am just so confused and worried that I am going about it all the wrong way. I want to make sure I've done everything correctly!! Thanks everyone, any advice will help me massively!!! :chatterbox::confused: Quote Link to comment Share on other sites More sharing options...
RockDr Posted August 17, 2011 Share Posted August 17, 2011 It's fine to apply for a partner visa from the WHV. Your initial intent was not to move permanently, but to come out, experience Australia and see how things go with your partner, and then make a decision from there. That does not break the terms of the WHV. Sounds like you've got plenty of evidence to support your application. You do have to have been living together for a full 12months, so if you don't have any evidence of living together in the UK prior to your move to Australia, you will need to wait until the full 12months is up, which probably means applying in person on the last day of your WHV. Ignore the immi info line, they're not there to give you migration advice, and are generally manned by people who don't know the ins and outs of all the visas. You will need both a UK and an Australian police check. Processing times are being quoted as 9-12 months at the moment, so you might want to hold out on getting your meds and police checks until you're asked for them, as they're only valid one year. When you submit your application, you will automatically get a bridging visa A, whcih will kick in when your WHV runs out. You can't travel on a BVA, and you will have the same 6month restriction as your WHV (though it does reset the 6months). If you have a full time job by the time you apply, once you've put in your application, but before the BVA kicks in (so on the same day in your case), you can apply for the work restriction to be lifted so you can continue to work full time for that employer until your partner visa is granted. Make sure the bills continue to go to your australian address while you're away, and you shouldn't have any issues with the trip, provided you document that you're travelling together and sharing finances for that time. Quote Link to comment Share on other sites More sharing options...
Aappy Posted August 17, 2011 Author Share Posted August 17, 2011 Thank you so much for your quick response and advice, I have been worrying so much about this! So just to confirm I won't get into trouble or get a hard time from the Dept of Immi for applying for my partner visa the day my WHV runs out? And does it really matter that we have been living with his parents? As long as we can show that we have our own costs and we are in fact in a continuous and loving relationship? That's good to know about the BVA I get work via a temping agency I am contracted to but I really like where I am assigned to at the moment so if I can continue here that would be great, I'll have a think about that, although if it doesn't work out I wouldn't be out of work for too long any way. I can provide that sort of evidence too when we travel so that is also good to know, as I said it's just a 'holiday' and we're coming back whilst my WHV is still valid, hence the onshore application so all bills will still come to our Aussie address. Thanks again for your help with this, I'll hold off the checks and medical until I am asked for it too I will try and keep everyone updated with my application progress and hopefully I'll get the thumbs up! Quote Link to comment Share on other sites More sharing options...
Guest Tjw25 Posted August 22, 2011 Share Posted August 22, 2011 Helloo... Just wanted to add that as you have registered your relationship you don't have to wait for the full twelve months to be up before you apply! You may still want to put it in on the last day of your WHV, which is what I did but it was a very stressful time handing it in on the same day my WHV expired... I was full of what ifs, mainly what if they can't accept my application because I've forgotten a form or something... Hope this helps a little Quote Link to comment Share on other sites More sharing options...
Guest Posted August 22, 2011 Share Posted August 22, 2011 You will be fine with that :-) Quote Link to comment Share on other sites More sharing options...
Guest warmapple Posted August 23, 2011 Share Posted August 23, 2011 When you submit your application, you will automatically get a bridging visa A, whcih will kick in when your WHV runs out. You can't travel on a BVA, and you will have the same 6month restriction as your WHV (though it does reset the 6months). Sorry to jump in on your thread. I have applied for partner visa today while on my WHV. Can you show me a link on the immi website or somewhere official that the 6 months resets as I am unable to confirm this. Thank you Ian Quote Link to comment Share on other sites More sharing options...
RockDr Posted August 23, 2011 Share Posted August 23, 2011 If you are still on your WHV rather than the BVA, and are in a full time job, you can have the 6months restriction lifted completely. Otherwise, when the BVA kicks in, it's a new visa, so everything resets. Quote Link to comment Share on other sites More sharing options...
Aappy Posted August 24, 2011 Author Share Posted August 24, 2011 Helloo... Just wanted to add that as you have registered your relationship you don't have to wait for the full twelve months to be up before you apply! You may still want to put it in on the last day of your WHV, which is what I did but it was a very stressful time handing it in on the same day my WHV expired... I was full of what ifs, mainly what if they can't accept my application because I've forgotten a form or something... Hope this helps a little Hey! Really? I thought you had to live with each other for 12 months before hand?? This news is interesting! We started living together fom 7th December 2010 which is the day I arrived in Oz and then obv my visa runs out 7 Dec 2011 and we will have lived together exactly 12 months then as well... Yeah I am a bit all over the place as we've been told so many different things by people and I thought this forum would clear things up - which it has, it's putting my mind at ease anyway! haha Quote Link to comment Share on other sites More sharing options...
Cez Posted August 24, 2011 Share Posted August 24, 2011 It may be worth carefully considering what date you fly back to Oz from europe on - if you land on like the 20th November and your visa expires on the 7th december, immigration may get a bit antsy about why you're flying all the way back from europe right before your visa expires, and get concerned you're planning to overstay or something... Good luck! Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted August 24, 2011 Share Posted August 24, 2011 Hey! Really? I thought you had to live with each other for 12 months before hand?? This news is interesting! We started living together fom 7th December 2010 which is the day I arrived in Oz and then obv my visa runs out 7 Dec 2011 and we will have lived together exactly 12 months then as well... Yeah I am a bit all over the place as we've been told so many different things by people and I thought this forum would clear things up - which it has, it's putting my mind at ease anyway! haha There is another thread running just now with similar information regarding living together for 12 months, which is not a requirement for the partner visa. http://www.pomsinoz.com/forum/migration-issues/123585-no-solution.html Quote Link to comment Share on other sites More sharing options...
RockDr Posted August 25, 2011 Share Posted August 25, 2011 If it is possible for you to have lived together 12months before you submit your application, then probably best to do this. If you've not lived together that full 12months, it's basically up to the CO's mood as to whether or not they see the period of time prior to living together as a proper DeFacto relationship which does count, or as "Dating" which doesn't count. Personally I preferred to err on the side of caution, so waited until I'd been in the country for the full 12months. edit to add: time spent apart after you started living together is fine, it's the time spent apart before you lived together that can be iffy. edit to add even more: I missed the bit where you've registered your relationship. (Most states either don't have a register, or don't let non-PR people register, for this exact reason). If you have mananged to get yourself registered, then you'd probably get away without the full 12months. Quote Link to comment Share on other sites More sharing options...
Aappy Posted August 25, 2011 Author Share Posted August 25, 2011 To answer a few questions and posts - We're flying back to the UK at the end of September and coming back at the end of October - I'm aware I'm probably going to get stopped so I have no idea what to say if I do. I don't know if I can say I'm applying for a new visa onshore...really not sure how I'm going to explain myself properly. I can't apply for the visa in the UK because I can't prove the 12 months living arrangement as my partner has to come back to Oz for work and we'll be then spending even more time apart making it harder to prove the defacto relationship. We met early July 2010 and officially became partners on 24 August, we were separated from early October to early Dec (have proof - skype, emails etc) so we've gone past the 12 months together (yesterday was our first year anniversary) we've so far lived together 8 months. If I have the registered relationship certificate, 8/9 months living together, beneficiaries on each others supers etc then should I apply now before I leave for the UK holiday OR apply as soon as I get back OR apply on the day my WHV runs out?? I would like to know what you guys think would be the safest thing to do. I am now also worrying about going back to the UK for a holiday too... Would it be a good idea to speak to a migration lawyer about my case and see what they say or is that a waste of time? Any help from you guys is really appreciated :smile: Quote Link to comment Share on other sites More sharing options...
RockDr Posted August 25, 2011 Share Posted August 25, 2011 Personally I would speak to a migration agent. a short consultation won't cost the earth and should answer your questions either way. Quote Link to comment Share on other sites More sharing options...
Aappy Posted August 25, 2011 Author Share Posted August 25, 2011 Thanks RockDr, appreciate all your help so far, now does anyone know a migration agent - one that is pretty cheap and reliable? :wink: Quote Link to comment Share on other sites More sharing options...
Aappy Posted September 7, 2011 Author Share Posted September 7, 2011 Just an update - we've decided not to go to the UK now for the holiday, we really don't want to risk immigration not allowing me back in, so will be holidaying in Oz and then applying for the partner visa Will keep you all posted of my timeline when I make the first move on the Onshore application thread Thanks for all your help to me so far, fingers crossed for everyone applying for their visas Quote Link to comment Share on other sites More sharing options...
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