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Discussion Starter · #1 ·
Hi all.
I'm a bit lost.
If anyone could help with advise I'd be most appreciative.
Here's my situation.
My partner is currently in Oz on a 14 day tourist visa and has a flight home to Cambodia booked in the 3rd of Jan 2018.
She has decided that she would like to live here.
Someone today told me that we could apply for some sort of visa extension so my aperture could stay in the country now, get married then get a partner visa?
But the only thing I can find on line is the ...
Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)
And it says "You must be outside Australia when you apply for the visa"

Can anyone tell me is there a visa type that will allow her to stay here now and apply to stay permanently?

Thanks.

Will.
 

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The onshore partner visa is the 820/801 visa, but to apply for an extension it is a subclass 600 visa: Visitor e600 Visa Online Applications

Firstly, you need to check if her tourist visa has a no further stay clause on it, if it does then you cannot apply for an extension on the tourist or any other tourist visa within Australia.

Secondly, if she does not have a no further stay clause and you apply for a tourist visa extension she will be given a bridging visa, if it is refused she will have a specific time to leave Australia. DO NOT apply for an onshore partner visa if she is on a bridging visa as if you do you need to meet schedule 3 and it is very hard to do that.
 

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Discussion Starter · #3 ·
Ah Mish thanks so much for your time.

No her current tourist visa does not have a no further stay clause on it so thats good news.
The challenge now will be to see if we can get this processed before the 3rd of Jan.
 

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When you lodge the extension, which is essentially a new visa, she is given a bridging visa that allows her to stay in Australia while waiting for the decision on the visa application.
 

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Hi all.
I'm a bit lost.
If anyone could help with advise I'd be most appreciative.
Here's my situation.
My partner is currently in Oz on a 14 day tourist visa and has a flight home to Cambodia booked in the 3rd of Jan 2018.
She has decided that she would like to live here.
Someone today told me that we could apply for some sort of visa extension so my aperture could stay in the country now, get married then get a partner visa?
But the only thing I can find on line is the ...
Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)
And it says "You must be outside Australia when you apply for the visa"

Can anyone tell me is there a visa type that will allow her to stay here now and apply to stay permanently?

Thanks.

Will.
Before you donate $ 7000.00 to the Australian government, do you meet the relationship requirements for a partner visa? It's not just a matter of getting married...
 

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Discussion Starter · #6 ·
Before you donate $ 7000.00 to the Australian government, do you meet the relationship requirements for a partner visa? It's not just a matter of getting married...
So heres our details.
We met in July 2016, chatted socially on facebook messenger until february 2017. From there we stepped our relationship up to boyfriend girlfriend status. I flew over April 2017 to see her and meet her family. We continued to chat on video and messenger. I flew over again in July. And now she is here. So what do you all think? Does this meet the requirements to apply for the partner visa?
 

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So heres our details.
We met in July 2016, chatted socially on facebook messenger until february 2017. From there we stepped our relationship up to boyfriend girlfriend status. I flew over April 2017 to see her and meet her family. We continued to chat on video and messenger. I flew over again in July. And now she is here. So what do you all think? Does this meet the requirements to apply for the partner visa?
From the little information provided,I do not think she will meet the requirement of a de-facto partner at this stage.Even if you got married, without some proper co-habitation, you'd be struggling.

I suggest you start by doing some reading up on what is actually required in terms of documentation and evidence. Whatever you do, do not rush into it, as it may prove to be a very costly mistake.
 

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Discussion Starter · #8 ·
From the little information provided,I do not think she will meet the requirement of a de-facto partner at this stage.Even if you got married, without some proper co-habitation, you'd be struggling.

I suggest you start by doing some reading up on what is actually required in terms of documentation and evidence. Whatever you do, do not rush into it, as it may prove to be a very costly mistake.
Thanks. I have read the documentation. I was advised by the Khmer association here that we should push for this angle while my girlfriend is here but I agree the proof of a 12 month relationship is thin so maybe we need to wait another 6 months.

A shame because it would be so much easier to do it all on shore here now.
 

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Discussion Starter · #9 ·
Further to the discussion my girlfriend may be pregnant. We'll find out in 2 days time.
Does this have any influence on perhaps an early application for the partner visa ?
 

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Further to the discussion my girlfriend may be pregnant. We'll find out in 2 days time.
Does this have any influence on perhaps an early application for the partner visa ?
Pregnancy will not be a supporting factor for the visa as such, but of course may be taken as evidence of your relationship.

If you can register your relationship, it will overcome the 12 month de-facto relationship requirement.

Be careful taking migration advice from well-meaning community organisations, unless they have a registered migration agent on board.
 

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Discussion Starter · #11 ·
If you can register your relationship, it will overcome the 12 month de-facto relationship requirement.
Thanks Nick.
"If you can register your relationship, it will overcome the 12 month de-facto relationship requirement." This means marriage right? Unfortunately there is a 1 month wait on getting married in Australia. She is booked to fly out Wednesday.
 

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Not to be offensive to you or your partner, but from a COs perspective, there's no way you can prove that the baby is yours until it's born and you don't live together so you spend a lot of time apart. Just saying from a stranger's perspective, it may not mean much for evidence. And after the child is born, immigration has requested paternity tests before granting visas. I'm not saying this to imply the child wouldn't be yours if she's pregnant, just that immigration is skeptical and they likely won't care in terms of evidence until you can prove it's yours. In addition not all pregnancies make it full term.

Being pregnant won't speed up the process either. In fact it could drag it out longer as the chest xray portion of the medical is not recommended to do while pregnant and without the medical there will be no grant.

Basically, don't bank on pregnancy to be your biggest piece of evidence. If you apply for the 820/801 and you don't meet the requirements, the visa is likely to be refused.
 

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Thanks Nick.
"If you can register your relationship, it will overcome the 12 month de-facto relationship requirement." This means marriage right? Unfortunately there is a 1 month wait on getting married in Australia. She is booked to fly out Wednesday.
No, this means registering your relationship. Which state do you live in?
 

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Further to the discussion my girlfriend may be pregnant. We'll find out in 2 days time.
Does this have any influence on perhaps an early application for the partner visa ?
Not to be offensive to you and your partner, but from a case officer prospective, a pregnancy just proves that you slept together once.

A pregnancy as well as a marriage certificate are all just pieces of paper that build a picture to if the relationship is genuine or not. Immigration will be looking to see if you have enough evidence for all 4 categories based on marriage, so they will look at things like financial and household. Financial and household are usually demonstrated by joint bank accounts and joint bills.

Being pregnant does not speed up the application as immigration does not prioritise applications.

There have been applications that have been refused even with a pregnancy/baby because the case officer did not believe that the relationship was genuine and ongoing and exclusive of all others.

There have also been cases where immigration have also asked for a DNA test to show the father (Australian) was the father of the baby.
 

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Thanks Nick.
"If you can register your relationship, it will overcome the 12 month de-facto relationship requirement." This means marriage right? Unfortunately there is a 1 month wait on getting married in Australia. She is booked to fly out Wednesday.
Depending on the state you live in, you can register your relationship at your local Court House ( Births, Deaths & Marriages). There is a cooling-off period, but the relationship can be registered after lodgement of the visa. You could just provide the receipt with the application and add the relationship certificate afterwards. Still, you are giving yourself very little time to deal with such a complex and time consuming procedure.
 

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QUOTE=ausdigitalmedia;

So heres our details.

We met in July 2016,
chatted socially on facebook messenger until february 2017.

From there we stepped our relationship up to boyfriend girlfriend status.

I flew over April 2017 to see her and meet her family.

We continued to chat on video and messenger.

I flew over again in July. And now she is here.

So what do you all think? Does this meet the requirements to apply for the partner visa?[/QUOTE]

Boyfriend girlfriend time does not count toward a de facto relationship time, if you are meaning this is when your relationship started it is still only around 10 months.

A de facto relationship has a 12 month relationship minimum, or relationship registration - But a relationship registration (or marriage) does not remove the evidence requirements only the time component.

You have not mentioned what evidence of the financial aspect of your relationship you have for example.

What was your wife's answer to question 9 on her Visitor visa application?

Relationship status
a) Married
b) Engaged
c) De facto
d) Separated
e) Divorced
f) Widowed
g) Never married or been in a de facto relationship

If the answer was (g) when the application for a Visitor Visa was made to DIBP, how can she they try and claim in a Partner Visa application that she was in a de facto before that Visitor Visa application date?

That would mean one of the applications contains false or misleading information. The penalties for that can be quite harsh.

I don't think you will have enough evidence for a 820 Partner Visa application, also keep in mind that it took most of us 1-2 months to put together our applications for our Partner Visas.
 

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My partner is currently in Oz on a 14 day tourist visa and has a flight home to Cambodia booked in the 3rd of Jan 2018.
Sorry but I guess it's highly unlikely that the baby is yours in case she is pregnant. You said you'll find out in a few days. That means she's already overdue with her period for more than just a few days, otherwise she wouldn't suspect something. And that means that she got pregnant in under a week with you? You'll know after you visited the doctor, he/she can tell you the exact week...

But still good luck! If you've got feelings for the girl then you might be able to find a solution, even if it means applying offshore...
 
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