[Gom]

Hi me and my partner have been seeing each other for around 9-10months now. He lives out of town from where i am but comes here every weekend without an miss.
4-5months after seeing each other he has told me he had overstayed his visa.
He paniced and didnt want to tell me at first thinking i would leave him.
He wasnt sure what visa to apply for back then. He has also asked his mum if she could sponsor him to australia onshore. But she refused too.
Im aboriginal and his immigration lawyer has told him that since , im aboriginal he has an good chance to stay because of my background. I have told him all rules apply just like everyone else. We are really stuck!! Are we even able to apply for partner visa even tho we have been seding each other for less the 12 months. Or what other ways to go around about it. Please help. And what proof of seeing each other without living together do we need to prove we are in an relationship bu not living together at this point. This is getting depressing for us both. And we just want to clear things up.
Thank you.

 

[wrussell]

If your lawyer is a registered migration agent,you can probably rely on the advice you have received. If not, may I suggest that you consult a registered migration agent?

 

[Gom]

If your lawyer is a registered migration agent,you can probably rely on the advice you have received. If not, may I suggest that you consult a registered migration agent?

Thank you for the reply wrussell.

 

[ZoeKaur]

Well you have several problems. Again, as you have a complicated application you def need a registered migration agent. Being Aboriginal alone does not fix those problems. I would be deeply concerned if an immigration lawyer simply told him that he has a good chance because of your background but didn’t address the serious problems.

For one, you are not living together so does not qualify for partner visa. you need to show you are basically totally financially and socially combined unit for the last year. I am not sure if you can move in together and and register as defacto at this stage, as to me that seems like a cop out to do it right before visa application and might ring alarm bells for the department but have not heard any rules about timing of registering as defacto. Also, another problem is his significant overstay of his visa. I presume a migration agent should help him apply for Bridging Visa E before submitting partner visa application. Because there is very limited time not sure if it is possible to fix all the problem and get a successful visa application. Not to mention, if going to through a reputed migration agent, the application will likely cost over 10,000 in total. If he has that money, great but most young people take a while to save that much.

Really this all sounds like a stuff up from your partner. If he was being responsible he would have addressed all of this before he had overstayed his visa several months. It is very irresponsible he didn’t tell you anything. I have also had a previous partner behave simarliarly and let’s say it didn’t end well. It is very unfair on you that you were essentially lied to for several months. Honestly I would be very concerned for you getting into this but at the same time I don’t really know your whole relationship so can’t say ‘don’t do it’, only that it will be a hard road to even get ready to apply for the visa and no guarantee he will get the visa because of the issues.

 

[ZoeKaur]

Also his mum refusing to sponsor him, that’s another red flag. As I had a previous partner literally pretend he was PR along with his whole family for several months. His parents didn’t even live in Australia. It ended up ruining the whole relationship because I didn’t realise he had to also move to a rural area for his PR. Not saying it’s the case but if he lied about his visa status then there might be other things. When applying for partner visa you really should know EVERYTHING about each other. There are so many things which could affect your application.

 

[Riley]

I agree. I also see red flags. Unsolicited advice: give this chap a wide berth.

 

[Gom]

Well you have several problems. Again, as you have a complicated application you def need a registered migration agent. Being Aboriginal alone does not fix those problems. I would be deeply concerned if an immigration lawyer simply told him that he has a good chance because of your background but didn't address the serious problems.

For one, you are not living together so does not qualify for partner visa. you need to show you are basically totally financially and socially combined unit for the last year. I am not sure if you can move in together and and register as defacto at this stage, as to me that seems like a cop out to do it right before visa application and might ring alarm bells for the department but have not heard any rules about timing of registering as defacto. Also, another problem is his significant overstay of his visa. I presume a migration agent should help him apply for Bridging Visa E before submitting partner visa application. Because there is very limited time not sure if it is possible to fix all the problem and get a successful visa application. Not to mention, if going to through a reputed migration agent, the application will likely cost over 10,000 in total. If he has that money, great but most young people take a while to save that much.

Really this all sounds like a stuff up from your partner. If he was being responsible he would have addressed all of this before he had overstayed his visa several months. It is very irresponsible he didn't tell you anything. I have also had a previous partner behave simarliarly and let's say it didn't end well. It is very unfair on you that you were essentially lied to for several months. Honestly I would be very concerned for you getting into this but at the same time I don't really know your whole relationship so can't say 'don't do it', only that it will be a hard road to even get ready to apply for the visa and no guarantee he will get the visa because of the issues.

Thank you for your Reply and the advice ZoeKaur. I take this into account.