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Discussion Starter · #1 · (Edited)
Hi All,

I am new to this forum but so far I've found the posts and people very helpful here.

I'm hoping you all can give us some guidance.

I am an Australian Citizen currently residing with my partner (Indian National) in NZ. We have been living together as de facto partners for the past 4.5 years and were able to secure an NZ Residency for my partner on the basis of our relationship.

Due to a change in circumstances, I am wanting to return to Australia and hoping to take my partner as well. We recently got engaged and I am aware of the Prospective Marriage Visa but not sure if that will be suitable for us?

I have seen quite a few posts here where a partner has arrived in Australia on a tourist visa and then has applied for the onshore partner visa. I would like to know if anyone else has done this and if there were any complications?

One thing I'm wary of is that DIBP may question the intent of arriving on a tourist visa and this may negatively impact our partner visa application. We had initially applied for my partner's tourist visa so that we could visit my family back home. His tourist visa is valid until June 2020 and does not have the 8503 "No Further Stay" condition.

Also since we have been in a de facto relationship for the last 4 years, is there a chance we will be granted permanent residency immediately since we satisfy the "long term partner" condition?

Basically I want to be able to return to Australia with my partner, the sooner the better.

Any help is appreciated.

Thanks,
Sia
 

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Hi All,

I am new to this forum but so far I've found the posts and people very helpful here.

I'm hoping you all can give us some guidance.

I am an Australian Citizen currently residing with my partner (Indian National) in NZ. We have been living together as de facto partners for the past 4.5 years and were able to secure an NZ Residency for my partner on the basis of our relationship.

Due to a change in circumstances, I am wanting to return to Australia and hoping to take my partner as well. We recently got engaged and I am aware of the Prospective Marriage Visa but not sure if that will be suitable for us?

I have seen quite a few posts here where a partner has arrived in Australia on a tourist visa and then has applied for the onshore partner visa. I would like to know if anyone else has done this and if there were any complications?

One thing I'm wary of is that DIBP may question the intent of arriving on a tourist visa and this may negatively impact our partner visa application. We had initially applied for my partner's tourist visa so that we could visit my family back home. His tourist visa is valid until June 2020 and does not have the 8503 "No Further Stay" condition.

Also since we have been in a de facto relationship for the last 4 years, is there a chance we will be granted permanent residency immediately since we satisfy the "long term partner" condition?

Basically I want to be able to return to Australia with my partner, the sooner the better.

Any help is appreciated.

Thanks,
Sia
I cant speak to the no further stay clause, but many people on here waiting have been with partners for 5-10 years with australian citizen children and the process was not "immediate"
 

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Discussion Starter · #3 ·
I cant speak to the no further stay clause, but many people on here waiting have been with partners for 5-10 years with australian citizen children and the process was not "immediate"
I completely understand and seeing the current processing times is daunting. I don't expect to get a quick solution and we are looking at consulting with an RMA but wanted to get a feel from other's experiences. 🙂
Thanks for your input. :)
 

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Seems you could just come over to Australia on that visa and apply for the onshore Partner Visa (820).

At this point you can get Medicare.

After 3 months your Bridging Visa A would kick in and you then have full work rights.

You should be concidered for the TR &PR grant at the same time due to relationship lenght.
 

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Discussion Starter · #7 ·
Seems you could just come over to Australia on that visa and apply for the onshore Partner Visa (820).

At this point you can get Medicare.

After 3 months your Bridging Visa A would kick in and you then have full work rights.

You should be concidered for the TR &PR grant at the same time due to orelationship lenght.
That is such a relief to hear! Do you think they would question his intention of entering Australia for purposes other than touring, visiting family etc? When we applied for the visitor visa when stated our intention was just to visit family. At the time we had no knowledge of this approach or intention to return to Australia this soon.
 

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You come to Australia for reasons that a Visitor Visa is granted - visit family etc.

You then can change your mind as many do and decide to stay.

They have plans to have sponsor pre approved and that may effect this option, but currently it has not been passed.
 

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Discussion Starter · #9 ·
You come to Australia for reasons that a Visitor Visa is granted - visit family etc.

You then can change your mind as many do and decide to stay.

They have plans to have sponsor pre approved and that may effect this option, but currently it has not been passed.
Having a sponsor pre-approved - What does that mean, do you know how it could impact us?

Thanks for your help.
 

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It is believed that the sponsor would need to put some application in first and wait for that to be approved before the applicant can then apply for the Partner Visa.

Obviously if the sponsor takes long to be processed you either need to go offshore or over stay your visa. If you go offshore you can not apply for a onshore Partner Visa, overstaying your visa would be bad!

The change has yet to be passed in government - so currently not a concern, but need to be aware about it.
 

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Discussion Starter · #11 ·
It is believed that the sponsor would need to put some application in first and wait for that to be approved before the applicant can then apply for the Partner Visa.

Obviously if the sponsor takes long to be processed you either need to go offshore or over stay your visa. If you go offshore you can not apply for a onshore Partner Visa, overstaying your visa would be bad!

The change has yet to be passed in government - so currently not a concern, but need to be aware about it.
Thanks ampk!

Another question sort of unrelated, when we need to provide documents as proof of our relationship, do they need to be certified by a JP. We had to do this for our NZ visa applications so wondering if it's similar for Australia.
 

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Discussion Starter · #12 ·
Also wanted to clarify something I've read in other threads on this forum. If you apply for a Partner Visa and then apply for a tourist visa, whichever visa is granted last will cancel out the previous visa, am I correct? E.g if the partner visa is granted before the tourist visa then once the tourist visa is granted, the partner visa will get cancelled?

I'm assuming if this is the case it won't necessarily affect us because he already has a tourist visa.
 

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Thanks ampk!

Another question sort of unrelated, when we need to provide documents as proof of our relationship, do they need to be certified by a JP. We had to do this for our NZ visa applications so wondering if it's similar for Australia.[/QUOTE.

Good quality colour scans is all that is needed. Form 888's need to be wittnessed by applicable persons (listed on form).
 

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Also wanted to clarify something I've read in other threads on this forum. If you apply for a Partner Visa and then apply for a tourist visa, whichever visa is granted last will cancel out the previous visa, am I correct? E.g if the partner visa is granted before the tourist visa then once the tourist visa is granted, the partner visa will get cancelled?

I'm assuming if this is the case it won't necessarily affect us because he already has a tourist visa.
Correct and correct.
 

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Hi All,

Another question, since we are engaged does that mean we have to apply for the prospective marriage visa or can we still apply for the onshore partner visa?
It's not a requirement, it's just an extra option. People that don't meet the de facto requirements but are engaged tend to take the 300 route. If you meet the requirements for a 309/100 or 820/801, there's no point in adding the extra step or cost of doing the 300 first then applying 820/801.
 

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Discussion Starter · #17 ·
Hi All,

Another question, since we are engaged does that mean we have to apply for the prospective marriage visa or can we still apply for the onshore partner visa?
It's not a requirement, it's just an extra option. People that don't meet the de facto requirements but are engaged tend to take the 300 route. If you meet the requirements for a 309/100 or 820/801, there's no point in adding the extra step or cost of doing the 300 first then applying 820/801.
That does make sense actually. Do you think we need to disclose our intention to get married before the visa is granted or should we wait until after it is granted?

I'm still going back and forth with the idea of engaging an RMA to prepare our application but on the other hand I do think I can DIY it. It is quite daunting though considering the fee is $7k.
 

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There's a question in the app asking relationship status and proof of your engagement is extra evidence. You could even marry during the process and it doesn't change anything as the de facto visa is also the spouse visa.
 
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