Hello,
My partner and I are a same sex couple and had been engaged in a de facto relationship for 5 years, by the time he applied for a subclass 574 student visa for a 4 year phd program. My partner was granted with the visa but at the time he logged his application he didn’t list me as his dependent. He didn't do it because an Education Agent suggested we couldn't proof we were family dependents as our relationship was not registered in our country of origin. Furthermore, the Education Agent told my partner I could apply as a subsequent applicant after our relationship was registered as we could legally become family members. We took that advice because in our country, for a de facto relationship could be valid, the couple must provide evidence of 2 year cohabitation and by the time he had applied, we did not fulfill this requirement. So everything sounded reasonable.
We took the Education Agent professional advice and my subsequent application was denied by the Department a couple of days ago.
Now we understand it is possible for my partner to re-apply for a new student visa, this time including me, his previously undeclared family member. That application would be logged from inside of Australia, while I remain in my country.
Right now we have registered our relationship in our country of origin and under the Australian State law. We have some information to proof we are a genuine de facto couple but we are not confident enough this new application would be granted, arguing that I was not included in my partner first application because we trusted on a wrong advice provided by the Education Agent which handled his submission.
Any thoughts on what should we expect from the Department? Do we have a good chance appling for that visa and focusing on that argument or should we look for another alternative for us to be reunited again?
This time we want to use a Migration Agent but don't know how could we asses his advice.
Thanks!
My partner and I are a same sex couple and had been engaged in a de facto relationship for 5 years, by the time he applied for a subclass 574 student visa for a 4 year phd program. My partner was granted with the visa but at the time he logged his application he didn’t list me as his dependent. He didn't do it because an Education Agent suggested we couldn't proof we were family dependents as our relationship was not registered in our country of origin. Furthermore, the Education Agent told my partner I could apply as a subsequent applicant after our relationship was registered as we could legally become family members. We took that advice because in our country, for a de facto relationship could be valid, the couple must provide evidence of 2 year cohabitation and by the time he had applied, we did not fulfill this requirement. So everything sounded reasonable.
We took the Education Agent professional advice and my subsequent application was denied by the Department a couple of days ago.
Now we understand it is possible for my partner to re-apply for a new student visa, this time including me, his previously undeclared family member. That application would be logged from inside of Australia, while I remain in my country.
Right now we have registered our relationship in our country of origin and under the Australian State law. We have some information to proof we are a genuine de facto couple but we are not confident enough this new application would be granted, arguing that I was not included in my partner first application because we trusted on a wrong advice provided by the Education Agent which handled his submission.
Any thoughts on what should we expect from the Department? Do we have a good chance appling for that visa and focusing on that argument or should we look for another alternative for us to be reunited again?
This time we want to use a Migration Agent but don't know how could we asses his advice.
Thanks!