[Aze]

Hi all! I hope this is in the right section and if not I apologise.

Just joined this forum and was wondering if you guys could give some advice or tips on how to go through with this.

Long story short, I'm a south american citizen who came to Australia at the age of 16 with my father and his former wife that was granted a student visa. After the marriage fell apart my father was granted a 457 Visa with his workplace, so we had to move interstate.
Before moving I was best friends with my partner. For 4 years we kept in touch, and talked everyday.
My last visit to him was just a week before we started dating. A friend offered us to stay in a unit downstairs from her parents house so we could be together and we've been living there since.

Around 2 months and half ago I got a call from my father to let me know his visa and mine will expire in March 2018 (Was a shock since we still had another 2 years left in the visa) and have until March to leave Australia. That was a bit of a bump on the road as my partner and I were really happy together and were trying to make up for lost time. He proposed to me a month or so ago and we are eloping in January. My partner is willing to come with me to my country but it will be difficult for him and me for many reasons.
-He doesn't speak spanish
-It will be difficult for him and me to get a job as my country has a big problem of unemployment
-We have nowhere to go over there
-The quality of life is terrible for majority of population
-Crime rate is off the charts

So due to this we are applying for the 820 visa and hoping for the best but we don't have much evidence regards finances because I'm unemployed so he pays for our bills. He is employed and 21 years old and I'm 20.
We have evidence of our relationship, flight tickets from visiting each other when we lived apart, pictures of a holiday with him and his family and soon we will have as evidence our wedding pictures and our honeymoon to my native country to see my family there. All of our friends can vouch for us but his family hates me and they want me to leave Australia.
Regards residence it would be good on the budget if we could house share with our friend as long as we are on the lease and was wondering if anyone has any information whether the government will not care about that or would that hurt our application? Will the government judge me for being jobless regards having evidence of depression and anxiety? All that aside though I have applied for plenty of jobs and had no luck, I have evidence of this.
We plan on applying for the 820 on shore Partner visa at the end of February and would appreciate any help or bring to our attention anything we missed.

Alright so sorry for the long post, but the details had to be said to get accurate advice or help I think. Thank you in advance!

 

[Mania]

How long have you been in a defacto relationship?

Your employment status is not relevant.

 

[Aze]

How long have you been in a defacto relationship?

Your employment status is not relevant.

We've been together for around 9-10 months and living together since beginning of relationship

Thank you for letting me know that, I just mentioned my employment status since his family threatened they will use that against me to kick me out and was afraid they actually could. That's a relief.

 

[Aussie83]

something is a tad off though.
a visa doesn't just end 2 years early unless it's cancelled.
if it is cancelled then a 820 would be pointless as the bridging visa would be cancelled.
don't elope thinking that getting married will make things easier, I understand it's all stressful many of us have been there and not had the luxury of a onshore application as an option.
look at the long term goals.

 

[Mania]

something is a tad off though.
a visa doesn't just end 2 years early unless it's cancelled.
if it is cancelled then a 820 would be pointless as the bridging visa would be cancelled.
don't elope thinking that getting married will make things easier, I understand it's all stressful many of us have been there and not had the luxury of a onshore application as an option.
look at the long term goals.

457 - e - 820

Assuming the 457 is cancelled, considering the fact the dad had 6 months notice it sounds like redundancy so the 457 may not be cancelled as such the dad may just be in breech. More info needed..

I know my 457 wasn't cancelled despite not working.

 

[Mania]

We've been together for around 9-10 months and living together since beginning of relationship

Thank you for letting me know that, I just mentioned my employment status since his family threatened they will use that against me to kick me out and was afraid they actually could. That's a relief.

Cutting the 1 year mark very fine then.

 

[Aze]

Thank you for your replies
Regards my Visa 457 being cancelled, I've contacted the immigration office with my visa, they looked into it and I was asured I would be granted a bridging visa once mine expires after applying for the partner visa.
Wether or not my father's visa was cancelled I'm unsure since he keeps to himself and it's not really my issue as of now.

One of the important questions we have though is wether the goverment will or will not consider us due to us housesharing with a friend for economic reasons? If anyone has any information regards that it will be deeply appreciated, thank you!

 

[Mania]

Thank you for your replies
Regards my Visa 457 being cancelled, I've contacted the immigration office with my visa, they looked into it and I was asured I would be granted a bridging visa once mine expires after applying for the partner visa.
Wether or not my father's visa was cancelled I'm unsure since he keeps to himself and it's not really my issue as of now.

One of the important questions we have though is wether the goverment will or will not consider us due to us housesharing with a friend for economic reasons? If anyone has any information regards that it will be deeply appreciated, thank you!

If your 457 is cancelled your bridging visa will also be cancelled.

 

[Aze]

If your 457 is cancelled your bridging visa will also be cancelled.

Thank you for that information, like I said, I have no idea what happened all I know is I've been told I will be granted a bridging visa after applying.
I need help regards knowing if the goverment will consider us or not if we house share with a friend?
Thank you!

 

[Skybluebrewer]

Not a good idea to take advice from border agents. They are correct that a bridging visa will be granted once you apply for the 820/801. The issue with you is it is not in effect until your current visa expires. If your current visa is canceled, so is the BVA.

So yes you will get a BVA after applying, but once you have it and read it, it will tell you that it will be cancelled if your current visa is.

Living with your partner is only one aspect and not enough to prove de facto alone.

 

[Aze]

Not a good idea to take advice from border agents. They are correct that a bridging visa will be granted once you apply for the 820/801. The issue with you is it is not in effect until your current visa expires. If your current visa is canceled, so is the BVA.

So yes you will get a BVA after applying, but once you have it and read it, it will tell you that it will be cancelled if your current visa is.

Living with your partner is only one aspect and not enough to prove de facto alone.

Ok well we have no problem leaving and applying offshore so that's ok if anything goes wrong and I don't get bridging visa.

I will just apply offshore or onshore depending and we actually have plenty of evidence of our relationship, the only problem is the living aspect as I said we house share but we live together.

Thanks!