[Pizarro84]

Hi and good day! I would like to seek advice for applying a PR visa while I'm here onshore in AU and my fiancé as my dependent who is offshore in PH.

My Situation:
I am currently in Melbourne working under Visa 457 and would like to get a 189 or 190 Visa with my fiancé as my dependent (we are not yet married). We have lived together for more than 3 years in Philippines and last year June I went here to work as a Software Engineer and she stayed offshore.

I was then recommended by a friend to a migration agent and upon consulting, I was informed that if we are applying for a PR visa as de facto, we should be living together in one location for a certain period of time, however we have been living apart for more than 9 months since I went here to work but the relationship is still continuing and mutual.

However one option advised by the migration agent is for my fiancé to visit AU as tourist and "register" our relationship. This could be a viable option however not sure if this is necessary.

As for the requirements, I am already done with English exam and had good scores, I only need to take ACS for the skills assessment, then the other requirements by immi.

Accordingly below are my questions:
• With my situation, what is the best approach for me and my fiancé to apply for a PR visa? Is it possible for me to add her as dependent on my application if we are not married and have been apart for more than 9 months (she visited me here though last March)?
• I was informed that for partner Visa, we need to submit proof that we have been living together or in a relationship for a long period of time (which we currently have) but can this also apply to my case where I would like to apply for 189/190 with my partner as dependent and we are currently in a de facto relationship?
• With registering our relationship (if necessary) would it be possible to do it offshore at the Australian Embassy?
• For the documents, do I need to have them certified onshore or can I have the copies certified offshore in Philippines?
• Is my fiancé required to take an English exam even if she is my dependent?

Thanks for your patience in reading my thread, any help or response is greatly appreciated

 

[Jeremy Hooper]

You need to be in a defacto relationship for at least 12 months. This means that your relationship is genuine and continuing to the exclusion or all others. You do not have had to have lived together for the last 12 months. Your migration agent was wrong. There have been a number of cases in the Australian Federal Court in the last 12 months that have said that it is not necessary to have lived together for at least 12 months.

Also it is very common for Filipino families to be separated for long periods of time because of the need to work overseas. So I think that a good case could be made in your case.

I won't answer all your questions. However, it is not possible to register you relationship at as Australian Embassy overseas. Registration of relationships is not covered by Australian Law, it is covered by different States and not all States have relationship registration laws.

 

[Pizarro84]

Hi Jeremy, you may have not answered all my questions but you have responded to the most critical one in which I am grateful. Thank you very much for your advice, have a great day!

Kind regards,
Raf

You need to be in a defacto relationship for at least 12 months. This means that your relationship is genuine and continuing to the exclusion or all others. You do not have had to have lived together for the last 12 months. Your migration agent was wrong. There have been a number of cases in the Australian Federal Court in the last 12 months that have said that it is not necessary to have lived together for at least 12 months.

Also it is very common for Filipino families to be separated for long periods of time because of the need to work overseas. So I think that a good case could be made in your case.

I won't answer all your questions. However, it is not possible to register you relationship at as Australian Embassy overseas. Registration of relationships is not covered by Australian Law, it is covered by different States and not all States have relationship registration laws.

 

[rabbitouse]

Hi,
My husband and I will also apply for 190 together. Just wondering if the dependent will be granted with PR directly or with a TR first?

 

[Maggie-May24]

Hi,
My husband and I will also apply for 190 together. Just wondering if the dependent will be granted with PR directly or with a TR first?

You will each be granted a 190 (PR) visa.