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Discussion Starter · #1 ·
Hi Everyone,


I’m on a student visa and i’m with an australian guy for nearly three months now and were planning to apply for partner visa. We already open a joint account in the bank and registered our relationship in ACT recently. We live in a different address and i’m not planning to move in with him till next year. My visa will end march next year and we are planning to apply by the end of the year. One of the requirements that we should be in defacto for 12 months. Will I get refusal because we didn’t meet the 12 month period before we lodge the visa? I hope you can help me with this
 

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If the relationships registered in a qualifying state then the 12 months is waived.

You are still subject to the other requirements for the visa and would be well advised to get a Migration Agent to help you or spend a LARGE amount of time reading the relevant act and documentation then clarifying your findings with people that are routinely dealing with the act itself..
 

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It will be very difficult to claim that you are in a de-facto relationship if you are actually not living together. Note also that applying for a partner visa from a student visa will put your application in the high risk category, so you need to cover all bases. “ 3 months with an Australian guy” does not actually sound very convincing at this stage.
 

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It will be very difficult to claim that you are in a de-facto relationship if you are actually not living together. Note also that applying for a partner visa from a student visa will put your application in the high risk category, so you need to cover all bases. " 3 months with an Australian guy" does not actually sound very convincing at this stage.
Hi there,

Just reading the above that it puts my application to the high risk category applying a partner visa from a student visa. My boyfriend is Australian and we want to apply for partner visa in November when we will have been living together for 12 months. We've recently registered our relationship and we have all the required documentation that show our genuine relationship (financial, social, committed etc.)
Do you think it is still high risk to apply for a partner visa from a student visa? At the moment I will be completing my last trimester at the school and I could also apply for postgrad visa (485) after the school, but I have to pay and complete 2 additional subjects in my last trimester for this, and also, I read somewhere that if my postgrad visa application gets rejected for whatever reason, I have to leave the country and cannot apply for any other visa from here... so it is a bit risky, and sincerely, I would rather spend the money (4000$) I pay for the additional subjects on my partner visa, which I will need to get in the end. Which way would you suggest?
Many thanks!
 

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Just reading the above that it puts my application to the high risk category applying a partner visa from a student visa
As long as your evidence is solid and will withstand scrutiny, there is no problem. The high risk factor is there because so many people on student visas use partner (and protection) visa applications as a means to stay in Australia when they run out of other options.If your relationship is genuine and your application is well prepared and presented, you should have nothing to worry about.
 

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Discussion Starter · #6 ·
We might apply early next year and in that I am with him for 10 months. I can move in with him but it will be difficult to put my name on the lease agreement as there is another person on agreement beside my partner but we agree that we will put our name on the utility bills.
 

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Hi Everyone,

I'm on a student visa and i'm with an australian guy for nearly three months now and were planning to apply for partner visa. We already open a joint account in the bank and registered our relationship in ACT recently. We live in a different address and i'm not planning to move in with him till next year. My visa will end march next year and we are planning to apply by the end of the year. One of the requirements that we should be in defacto for 12 months. Will I get refusal because we didn't meet the 12 month period before we lodge the visa? I hope you can help me with this
Hi:
To be eligible to apply a partner visa, you must be in a De Facto Relationship or Marriage Relationship with your partner who is an Australian Citizen, Permanent Resident or Eligible NZ citizen.

To define De facto Relationship under migration law in Australia, you and your partner must have at least 12 month relationship. Normally it is considered the first date from which you and your partner start live together and share a life with exclusion of others.

If you don't live together, you must have a strong and reasonable explanation, while other factors are still need to be considered. Namely:

Joint Financial responsibilities
Natural of household
Social aspects of you and your partner
Mutual commitment to each other.

In your circumstances, at moment, you are not eligible to apply at moment. You may from now establish those four factors to prepare your future application.

If your student visa expires before the 12 months bar. you will need to consider an off-shore application, or get married and apply before your visa expires.

Please note that getting married does not mean you are recognised as spouses under Migration Law. You will still need to establish those four factors to convince that your marriage genuine and continuing.

I am a registered Migration Agent.

Feel free to ask questions and I am happy to answer.
 
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