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What are the different of using De Facto partner visa and Fiancee Visa

3K views 16 replies 4 participants last post by  SiteManager 
#1 ·
Hi,

Can anyone here please share your thoughts and comments regarding sponsoring partner using either De Facto partner visa or Fianceee visa.

I'd like to know what are my options and the best situation to sponsor my partner as soon as she finished her study before her student visa expired.
 
#3 ·
There's no way to know what your options are until we know more about your situation. Are you living with your partner, and have you for at least the last year? Do you plan to marry? Are you already married?
 
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#5 · (Edited)
Hi,

I'm holding PR visa already and has been living in Sydney for 8 years already, she's still on student visa (valid until August 2013).

We're starting to living together this month.

from what I read this is the course of action or visa that she need to apply:

Prospective Marriage Visa (Subclass 300) - $2680
- so she can stay for additional 9 months with me

Prospective Marriage (Subclass 300) visa holder lodging partner application - 990i.pdf - page 5 - $995

is that the correct path for us ?

I wonder why the total cost is cheaper than directly applying for Visa 801 (Partner (Subclass 820/801))
 
#6 ·
The PMV is not suitable for your situation, and you have not read the partner booklet.

Where is she from? Does she have any conditions on her visa?

You will not satisfy the partner requirements unless you register the relationship in NSW.

How did you receive your permanent residency?
 
#7 ·
So you're both in Australia at the moment, you have your PR and she's a student and you just started living together.

What visa is suitable for your partner depends on the evidence. For a de facto visa you need the evidence for 12 months of your relationship (living together), and the evidence needs to be in all four categories (check the booklet!).

So clearly you don't have enough evidence to apply for a partner (de facto) visa. What you could do is register your relationship, but you still need to prove your relationship is genuine.

A prospective marriage visa would have been more suitable for you, but it can't work for you - cause your partner would have to be offshore.

If you yourself got your PR through the partner visa, then you can't sponsor anyone within the five years from that grant.

What you could do is register your relationship, get the evidence in all four categories and apply in August before her visa expires. You'd have to check with the registered migration agent about the evidence, though... They should know if that's enough.

Or you could extend her student visa for a few more months and apply for a partner visa after 12 months of living together (and having proper evidence for all 12 months).
 
#8 ·
Thanks for the reply,

I was sponsored by my uncle in 2008 using Visa 881 (Sponsored through family relation).

She has just extended her course for one year already, so I guess extending the visa for the reason of study is not going to work by the Immigration as told by the migration agent ?

where can we register our relationship status in NSW ?
 
#12 ·
So that means you will be living together for six months only. When did your relationship started? And when did the relationship turned from dating into a de facto relationship? What kind of evidence do you have from the time prior to moving in together?
 
#13 ·
Hi BMA,

Our relationship started on December 2011 but due to the religious reason we both decide not to live together (celibacy as a Catholic before getting married).

I guess the only way is the most expensive way by doing partner migration visa 300 as engaged couple and then while the TR visa is on going, she can apply for tourist visa offshore to be able to live with me 90 days period.
 
#14 ·
I'm just a forum user who went through this partner migration process myself, but this is how I see your situation:

you've been a couple since December 2011 and you moved in together just recently (end of February or March 2013). So you've been together a bit more then a year, and now the question is whether you were only dating since December 2011 to February/ March 2013, or did your relationship turn into a de facto relationship at some point earlier than in February/ March 2013. If it did, you need evidence to back up your claims, some sort of the proof. Remember, cause you're not married, you need evidence for all the months you claim you've been in a de facto relationship and in all four categories.

To be eligible for a partner visa on the basis of a de facto relationship at the time you apply, you and your partner must have been in the relationship for at least the entire 12 months before the date you lodged your partner visa application. Dating unfortunately doesn't count towards the 12-month relationship requirement.

The 12-month relationship requirement at time of application lodgement does not apply if at the time of application for the visa your de facto relationship was registered. You can register your relationship in NSW...

Now it all depends on the evidence you have since your relationship started and on the date your relationship turned into a de facto (when you moved in together or earlier?). If you register your relationship, you don't have to prove you have been living together for 12 months but still you need to back up your claims and prove with evidence your relationship is genuine, continuing, exclusive...

Her visa expires at the end of August, so you'd have five months of cohabitation and good evidence, plus you'd register your relationship, plus you'd find some evidence to back up your claims you've been in a relationship since December 2011.

There are some awesome threads on evidence on this forum, check them out. Be creative with your evidence, you wouldn't believe what you can find in your old bank statements etc...

Other useful evidence: being nominated drivers on car insurance policies, both being superannuation beneficiaries, wills, etc.

Once you see how much evidence you have, it would be good if you discuss your case with a good registered migration agent. Sometimes it's worth to pay a bit more per advice and get it from someone with an excellent reputation and experience. I've been burned before, got an advice that wasn't correct, so I don't trust the agents blindly just because they're registered.
And then you make a decision on what will you do, apply for a de facto visa or a PMV.

But definitely register your relationship straight away, here are the details: NSW Registry of Births Deaths & Marriages
 
#15 ·
bma, this is an absolutely wonderful post. One of the best summary explanations I've seen on this topic IMO.
 
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