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Long winded case needs advise

683 Views 5 Replies 4 Participants Last post by  ampk

We are hoping to get some advice on our situation. Apologies if it is a bit long winded. In summary:

He is Australian, She is Czech. We met in July 2015 in Czech Republic at a mutual friend’s wedding. He met her parents and relatives at this time. We kept in touch and decided to meet to holiday together in Italy in Dec 2015 to Jan 2016.

We started dating and although it was sometimes difficult, impracticable and costly we have continued dating from this time, however mutual personal restrictions from both sides have meant that we have had to spent significant periods apart.

These restrictions are she is completing her University Bachelor Degree in Czech which she can undertake for free, as such it did not make sense for her to travel to Australia to undertake a degree here due to significant costs involved and difficulties with Visas etc.

He is establishing a successful career and is at a pivotal point where he is seeking to gain certification and has been paying off debts which made relocation to Czech impracticable.

We have spent as much time together as possible over this period and he has negotiated extended leave period with his current employer to allow this to happen. Our time together since our first meeting is summarised below:

- Dec 2015 – Jan 2016 in Rome (1 month).

- June 2016 – August 2016 in Australia (2 months). She met his mother, relatives and friends over this time. She was on a Tourist Visa over this time.

- Dec 2016 – January 2017 in Czech Republic (0.5 months). During this time he spent a lot of time with her friends and family, including family trips and staying at the family house the majority of the time.

- February 2017 – September 2017 (7 months – 5 months living together in Australia, 1 month holiday in Bali, 1 month in Czech (staying with family)). We spent a lot of time with each others family and friends over this time. She was on a Tourist Visa during this time but contributed to bills/groceries etc. We started a mutual bank account in Australia at this time.

- December 2017 – February 2018 in Czech Republic (1 month). Included some family trips and staying at family house.

- June 2018 – September 2018 in Australia (3 months - 2 months on Student visa and working in Australia and 1 month in Bali). During this time she was contributing to bills, groceries etc. She was paid into our mutual account, other than this we haven’t mutually used it so much as no real motive. We also registered our relationship in NSW at this time.

Obviously we have numerous photos and correspondences to substantiate all details above, including numerous trips and meetings with relatives and friends, and can gain stat decs etc.

We have each other listed as next of kin/emergency contact on several documents, will add each other to wills (creating wills for first time), have recently have been added to utility bills, started a mutual credit card, added as co-owner to his car in Australia and added to super.

We both support each other financially when we are visiting each other in respective countries and on holiday together (i.e he pays for hotel, she pays for taxi and dinner, he pays for drinks, she pays for concert etc…) and would have bank records etc to substantiate this.

We have maintained a continuous relationship really since Italy 2015 despite being apart only to the extent necessary. There is no real practical way we can live together continuously for 12 months without she incurring significant expenses, from student visa/course fees vs free education in Czech and no WHP for Czech or he quitting job and moving there.

She is completing final year of University now and is hoping to move to Australia after this time. We are hoping to apply for a Class 309 partner visa in the interim so she can move here after it is issued and her studies are complete (if timing works). Doable?

He will travel for 6 weeks to Czech again in Dec, and probably again for 6 weeks from June. Presuming this scenario sounds plausible is it possible for her to visit Australia on a Tourist Visa, Student Visa or similar while it is being processed?

We will likely seek advice of Visa consultant at some point but just want to assess our options and work out what we can do to maximise our chances of success (if we have any).

Thanks very much to anyone who took the time to read all of this!
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Mania seems on the money even if 88 days is required for a second year.
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