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Discussion Starter · #1 · (Edited)
Interdependent De'Facto partners with large age gap - "12 month requirement"

Hi everyone & thank you in advance for any information that you can provide on this thread.....

I am currently in a long distance relationship with a Australian citizen (63yrs) and I am a British Citizen (24yrs). My partner & I are currently looking into the De'Faco Partner visa's, so that I can migrate to Australia and be with my partner on a permanent basis.

The first and obviously biggest hurdle we are coming across is with the "12 month living together requirement" on the partner visa's, as we are not living together at present.

I need to find out a way for us to do this in Australia, as my partner is unable to come to the UK due to a previous health condition, even though it is now under control with medication.

I have a family member that is already living in Queensland, which is the same area of Australia that my partner resides in, and I am intending on meeting up with my partner when I go across to Australia in the New Year to visit my family on a tourist visa. I am intending on going across for around 1 month when I am visiting my family and at the end of my 1 month trip I will be heading back to the UK.

We would both like to know, how people have managed to live in Australia (i.e. what visa's were used etc) allowing them to legally bank the "12 months" living together requirement, prior to submitting their Partner visa application, as I am finding it very difficult to find a way of us doing this.

I have looked into going across on through "The General Skilled Migration Program ", but I don't meet the requirements for any of the skills in Schedule 1 or 2, nor the work experience required. This also isn't an option for people wishing to then apply for a an"Onshore Temporary and Permanent (Subclasses 820 and 801)" visa, unless they have fufilled a two year stay in Australian. So this visa option is completely out of the window.

Another point that I have come across is that I wouldn't be able to use any type of sponsored visa prior to applying for an "Onshore Temporary and Permanent (Subclasses 820 and 801)" visa, as this is again not allowed.

I have looked at the "Working Holiday Visa (Subclass 417)", however I am unsure as to whether or not this visa would allow us to legally bank the 12 months "Living together". As far as I can see, as long as I work less than 6 months and I am traveling (with my partner), however whilst having a fixed abode where we live and travel from and have domestic arrangements together. I would then be elligible to then apply for the "Onshore Temporary and Permanent (Subclasses 820 and 801)" visa.

Question: Is my understanding of this visa correct?

Question: If this visa would legally bank the 12 months, how would i go about submitting a partner visa in Australia on the last day of my WHV (417), that would allow me to continue to stay in Australia whilst my visa is then assesed.

Another possible issue that I have come across is in the "When You May Not Be Eligible" section of the Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801). The part that I am unsure about, and would like someone to clarify is below:

"If you are applying in Australia, you may not be eligible for this visa, if you or your accompanying dependent family members:

•do not hold a substantive visa (that is; a visa that is not a Bridging visa or a Criminal Justice visa) and your previous visa has ceased."

Questions:
1) - Is a WHV (417) a substansive visa?
2) - If a WHV (417) is not a substansive visa, what other visa can I use to bank the 12 months, taking into consideration my circumstances.

Thats all for now....thank you again in advance of your reply's to this thread.
 

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Hi Englander,

You are eligible for the WHV. If you live together for those 12 months you could apply for a de Facto. If you do the 3 months work required you can get a 2nd years WHV also. I met my partner during my first WHV and we applied for a de Facto after we'd been living together 1 year. Good luck.
 

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Hi,

Bear is correct. If you use just the one WHV, you must apply for the de facto visa on the last day of the WHV. What then happens is that they grant you a Bridging visa on the spot, which allows you to remain in Australia while a decision is made.

As Bear said, by doing 3 months specified regional work you'd be able to get a 2nd WHV, the only problem being you'd be disrupting your co-habitation with your partner and 3 months may not be considered temporary separation.

Have a read through the partner migration booklet, especially pages 40/41 so that you know what evidence you'll want to be keeping for the application:
http://www.immi.gov.au/allforms/booklets/1127.pdf
 

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Discussion Starter · #4 ·
Hi Bear and SarahM ,

That's great news that I can use the WHV to allow us to bank the 12 months.

Thanks for getting in touch so quickly after my initial post.

Re: 3 months work in a specified area. My partners current lease on his rental property ends at the start of 2012.

We have previously discussed what we would do with regards to living arrangements & with the above information in mind, we would be looking at obtaining a joint lease for a new rental property either close by, or in a specified work/regional area.

This would mean that we can still live together whilst I'm doing the minimum 3 months specified work. Simply travelling from our home to work and back each day, rather than the normal way of staying in backpackers accommodation or the like.

I can't wait to tell him the good news (it's like Christmas has come early this year!) as he was beginning to become extremely worried about how we would do all of this.

Thanks again to you both for your comments and advice.
 

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Discussion Starter · #5 · (Edited)
Hi,

Bear is correct. If you use just the one WHV, you must apply for the de facto visa on the last day of the WHV. What then happens is that they grant you a Bridging visa on the spot, which allows you to remain in Australia while a decision is made.

As Bear said, by doing 3 months specified regional work you'd be able to get a 2nd WHV, the only problem being you'd be disrupting your co-habitation with your partner and 3 months may not be considered temporary separation.

Have a read through the partner migration booklet, especially pages 40/41 so that you know what evidence you'll want to be keeping for the application:
had to delete the booklet's url as I cant post links in posts yet
Hey SarahM,

Re: applying for the de facto visa on the last day of the WHV. Question:I take it you mean by arranging an appointment to physically hand over the application, so that I can obtain a bridging visa on the same day?
Also, do you need to apply for the bridging visa or is it automatic?
If I need to apply for one, which out of the five types (can't seem to find out what the five types are anywhere) would I need to apply for?

We've read through the Partner Migration booklet & everything should be absolutely fine. When I arrive across we will both make sure that we have enough financial evidence etc in both our names.

Question: Do you think that it would be better when I go to Australia in the New Year, to go on the WHV straight away, or go out on a tourist visa, come back to the UK and then travel back out to Aus on the WHV. Obviously the later choice will cost more & we want to save as much money as possible. Would it really make much of a difference when it comes to my application being assessed?
 

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Discussion Starter · #6 ·
I've just been reading the health requirements section again and the last part suddenly got me thinking.....

"Health examination for visa applicants

Temporary visa applicants
Health examinations will depend on your circumstances, your intended activities in Australia, and your country of origin or residence. You will need to undertake a health examination if:

  • you are likely to enter a hospital or other health care environment, including nursing homes as either a patient, visitor, trainee or employee - N/A
  • you are likely to enter a classroom environment, including preschool, crèche and child care environment - N/A
  • you are known or suspected of having a medical condition, regardless of your length of stay - N/A
  • you are aged 75 years or older - N/A
  • there are indications that you may not meet the health requirement. - Because I am currently in and have previously been in same-sex relationships, would this statement mean that I would need to go for a Health Examination to prove that I do not have any of the following: HIV, HEP B or HEP C?"
 

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I've just been reading the health requirements section again and the last part suddenly got me thinking.....

"Health examination for visa applicants

Temporary visa applicants
Health examinations will depend on your circumstances, your intended activities in Australia, and your country of origin or residence. You will need to undertake a health examination if:

  • you are likely to enter a hospital or other health care environment, including nursing homes as either a patient, visitor, trainee or employee - N/A
  • you are likely to enter a classroom environment, including preschool, crèche and child care environment - N/A
  • you are known or suspected of having a medical condition, regardless of your length of stay - N/A
  • you are aged 75 years or older - N/A
  • there are indications that you may not meet the health requirement. - Because I am currently in and have previously been in same-sex relationships, would this statement mean that I would need to go for a Health Examination to prove that I do not have any of the following: HIV, HEP B or HEP C?"
All partner visa applicants have to do a medical: it's a urine test, blood, xray, sight and that regular stuff.

As for handing in your application, we know that Melbourne and Sydney no longer take appointments, can't remember for the other offices...so basically you just show up, and if they try to turn you away (they won't) you just say that your visa is about to expire :)
 

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Discussion Starter · #8 · (Edited)
All partner visa applicants have to do a medical: it's a urine test, blood, xray, sight and that regular stuff.
Hi SarahM,

Sorry I meant this for the WHV, but forgot to mention this in my previous post.

"You will need to undertake a health examination if:
* there are indications that you may not meet the health requirement. - Question: Because I am currently in and have previously been in same-sex relationships, would this statement mean that I would need to go for a Health Examination to prove that I do not have any of the following: HIV, HEP B or HEP C?"
or am I just readying into this too much?
 
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