[vast2018]

I’m just looking for some information on defacto visas. Firstly I will give u the soppy side then the facts.

I met my partner (we are both Irish) when we were 11 years old at school which we have records from school that we attended together at the same time for 5 years. We also live 5/10 mins from each other in Ireland which our home addresses would verify.
We got together when I was 18 but broke up. We have always stayed in contact and have both travelled in those years and every 1-2 years we would meet and we would know we were meant for each other but we had committements abroad which prevented us really getting back together. We are now 26/27. But Christmas time just gone, we were both finally home in Ireland at the same time and decided it was time to finally settle down together. We always knew it was going to happen at some stage. Crazy, it’s 8 years since we first got together and we have always been on and off and in contact. That’s the soppy side. Basically he is the love of my life, my high school sweet heart.

I am a permanent resident here in Australia and will soon apply for citizenship.
Unfortunately, he used his 2 WHV years ago so can’t apply for them. We don’t meet the requirements for the ‘12 month’ length of relationship that immigration want. In fact we don’t have a lot of evidence of much and haven’t techically been back together that long.

He is coming to visit me next month on a tourist visa where we will decide what our plan is. Do we move home to Ireland together, immgrate to another country, or attempt to apply to stay in australia. I want to stay here as I have put a lot of work into my visas and I am just looking for advice on getting him to stay too. Positive vibes please

 

[ampk]

Have you looked into the PMV?

 

[CCMS]

I always prefer the onshore option, when possible, but without a period of co-habitation and some sort of a joint household, a prospective marriage visa lodged before his intended visit, may be better.

If applying onshore, look at registering the relationship to overcome the 12 month de-facto requirement.

 

[vast2018]

No we hadn’t thought of PMV as don’t want to do that just for the sake of it.
I am waiting till he arrives to decide our plan. But if we decide australia, can I use the time with him on the tourist visa as time together ?

 

[taco]

No we hadn't thought of PMV as don't want to do that just for the sake of it.
I am waiting till he arrives to decide our plan. But if we decide australia, can I use the time with him on the tourist visa as time together ?

Yes, but...

The but is that being physically together is only one part of the equation. You need to show that you have combined your lives to the exclusion of all others in the 4 evidence categories which will be hard to do on a tourist visa. Hence the PMV is meant to cater for couples who have trouble meeting those evidence criteria and give them time before needing to submit the actual onshore partner visa.

 

[Mania]

If moving home to Ireland is an option you could potentially do that for a year whilst building the evidence then apply 309/100 then come over after that's granted.

Or perhaps it's time for a working holiday together in NZ, again same route as above.

 

[Mania]

Hence the PMV is meant to cater for couples who have trouble meeting those evidence criteria

Pretty sure the PMV is meant for couples that actually want to get married...

 

[taco]

Pretty sure the PMV is meant for couples that actually want to get married...

True, but if staying in Australia is a critical issue then it may be the only one with a chance of success. So it becomes a trade-off between priorities. Plenty of people don't like the idea of getting married just to satisfy visa requirements even if they are in a de-facto relationship, but like the alternatives even less.

 

[Mania]

True, but if staying in Australia is a critical issue then it may be the only one with a chance of success. So it becomes a trade-off between priorities. Plenty of people don't like the idea of getting married just to satisfy visa requirements even if they are in a de-facto relationship, but like the alternatives even less.

It's an offshore visa, so there's no "staying in Australia" until it's granted...if the person wants to spend time with a partner there's much easier and cheaper ways to do it, not to mention quicker, ie the tourist route you discounted above as too hard.

Tourist visa > register relationship > 820 application

Whilst the PMV isn't a bad option not everyone believes in nor wants to get married.

 

[vast2018]

Thank you all for your help. The PMV doesn’t really interest me as I don’t want to do it just for the sake of it.

Well that was my thought, tourist visa- register relationship- defacto

But can I prove we are in a proper relationship when he is on a tourist visa??

 

[CCMS]

Well that was my thought, tourist visa- register relationship- defacto

But can I prove we are in a proper relationship when he is on a tourist
Mvisa??

Ultimately it will depend on the type of tourist visa he gets and how well you can set up a joint household with all that that entails.

If he has a visa with 3 month stays that may not be enough, so he may have to try to extend it or make multiple trips. Both those options carry some risk. Suppose you just have to wait and see how it turns out.

 

[aussiesteve]

Thank you all for your help. The PMV doesn't really interest me as I don't want to do it just for the sake of it.

Well that was my thought, tourist visa- register relationship- defacto

But can I prove we are in a proper relationship when he is on a tourist visa??

I suggest you consult with a registered Migration Agent on a suitable plan before you do anything. Otherwise you are going to donate $7000 to consolidated revenue!

 

[exc3ll3nt]

I don't think you can provide proof that you're in a defacto relationship because you are not. You need to be able to prove that you have lived together for 12 months and have a relationship to the exclusion of all others.
You simply aren't eligible for a partner visa.

The BEST thing you can do right now, is go back to Ireland for 12months and live together. Make sure you get both your names on a lease, all utilities in your name, open a joint bank account etc etc. and then he can come over to Australia with you on a tourist visa, and make your application then (if you have substantial proof).

The only other alternative, which will be a large financial burden to you, and incredibly boring to him, is he applies for a 12month tourist visa and lives with you in Australia. Of course, for this period he will not be able to work meaning you will have to financially support the both of you. Not ideal.

 

[ampk]

exc3ll3nt I don't think you can provide proof that you're in a defacto relationship because you are not. You need to be able to prove that you have lived together for 12 months and have a relationship to the exclusion of all others.
You simply aren't eligible for a partner visa.

** There is no requirement to have lived together for 12 months, there is a relationship length of 12 months requirement, but ways around that.

So they can be eligible for a Partner Visa.

The BEST thing you can do right now, is go back to Ireland for 12months and live together. Make sure you get both your names on a lease, all utilities in your name, open a joint bank account etc etc. and then he can come over to Australia with you on a tourist visa, and make your application then (if you have substantial proof).

** It is an option but not necessarily the best option.

The only other alternative, which will be a large financial burden to you, and incredibly boring to him, is he applies for a 12month tourist visa and lives with you in Australia. Of course, for this period he will not be able to work meaning you will have to financially support the both of you. Not ideal.

** Again it is an option not necessarily the best alternative.
** Not sure if a skilled visa has been looked at yet, they can be cheaper and faster than Partner Visa's.

 

[exc3ll3nt]

exc3ll3nt I don't think you can provide proof that you're in a defacto relationship because you are not. You need to be able to prove that you have lived together for 12 months and have a relationship to the exclusion of all others.
You simply aren't eligible for a partner visa.

** There is no requirement to have lived together for 12 months, there is a relationship length of 12 months requirement, but ways around that.

So they can be eligible for a Partner Visa.

The BEST thing you can do right now, is go back to Ireland for 12months and live together. Make sure you get both your names on a lease, all utilities in your name, open a joint bank account etc etc. and then he can come over to Australia with you on a tourist visa, and make your application then (if you have substantial proof).

** It is an option but not necessarily the best option.

The only other alternative, which will be a large financial burden to you, and incredibly boring to him, is he applies for a 12month tourist visa and lives with you in Australia. Of course, for this period he will not be able to work meaning you will have to financially support the both of you. Not ideal.

** Again it is an option not necessarily the best alternative.
** Not sure if a skilled visa has been looked at yet, they can be cheaper and faster than Partner Visa's.

Oh my bad. I thought when I had looked you were required to be defacto for a minimum of twelve months, which means living together unless there's sufficient reason for not having been able to.

 

[ampk]

Living together certainly makes it easier to prove, but a relationship registration can remove the time frame of the 12 month relationship.

It will not remove the relationship evidence required ,only the time frame.

** We all make mistakes so don't take it to heart. Your intention was good.