[Underthesun]

Hi.

I am a bit back and forth as to whether my partner and I should register our relationship (NSW) or not. And when is best for us to apply and also be ready with the best case? He is Australian Citizen and I am Danish on a 2nd WHV.

A bit about our story:

November 2016 - we meet here in my first week of WHV.
We do not live together but I am his place 80 % of the time.
June 2017 - I go to do my regional work and we keep in contact everyday. (I move my stuff to his place).
September 2017 - I come back from my regional work and we move in officially. We request my name on the lease then, but our lease agent does not get back to us with lease until October 15th! And therefore the date is much later than reality. (I have the e-mail sent to them requesting this in September).

We have not to this date registered our relationship and I am unsure if we Should? My visa ends October 29th. But we really want to get everything sent off early September. Would it maybe be considered a bit late doing the registration now and not long time ago?

There is a lot of other evidence from back to November 2016 where I also have letters sent to our now joint address. And we have joint bills and account since October 17.

I should mention that my Australian Partner has applied once for a partner visa before in 2016 and was registered with his previous partner. It failed due to breakdown of their relationship.

Thanks for your time!

 

[CCMS]

If you are able to register the relationship, then it is a good idea to do so. Has your partner de-registerd the previous relationship? I am assuming no previous sponsorship was approved and no partner visa was granted?

 

[Underthesun]

Hi Nick.

Thank you for quick reply.

The partner visa was never granted, because they ended the relation and she left the country without a visa to return.

He has also cancelled the partner registration (also the 90 day period you have to wait is long over).

In your opinion would be be able to apply in September already? Since we have been together since 2016. I think we have plenty of evidence. But if all comes down to Lease and Financial evidence, we only have this from October 2017. I have a feeling they will look closer at our application, because he has submitted one previously.

 

[Underthesun]

Just wanted to mention quick that I have seen the letter that was denying the old visa and also called immigration twice to double check there should not be any issues applying.

 

[CCMS]

Hi Nick.

Thank you for quick reply.

The partner visa was never granted, because they ended the relation and she left the country without a visa to return.

He has also cancelled the partner registration (also the 90 day period you have to wait is long over).

In your opinion would be be able to apply in September already? Since we have been together since 2016. I think we have plenty of evidence. But if all comes down to Lease and Financial evidence, we only have this from October 2017. I have a feeling they will look closer at our application, because he has submitted one previously.

I would apply sooner rather than later, if you meet the relationship requirements. There is no real benefit in waiting.

Registering the relationship will overcome the 12 month de-facto requirement. There may also be other evidence you can use (like statements by the agency or others that you were living together) to cover the period before your name appeared on the lease.

The previous sponsorship and relationship need to be addressed and may result in some additional scrutiny, so make sure to cover all bases.

 

[wrussell]

and also called immigration twice

That is twice too often.

 

[Underthesun]

I would apply sooner rather than later, if you meet the relationship requirements. There is no real benefit in waiting.

Registering the relationship will overcome the 12 month de-facto requirement. There may also be other evidence you can use (like statements by the agency or others that you were living together) to cover the period before your name appeared on the lease.

The previous sponsorship and relationship need to be addressed and may result in some additional scrutiny, so make sure to cover all bases.

Hi Nick.

I think you are right. We should go and get registered the coming week! Then we can for sure apply sooner rather than wait until October. Or if we do not register we could maybe supply a statement from our flatmate, who can confirm I moved in September?

I am going back to my home country in August for 3 weeks, so I don't know if we apply beforehand, if I will then be on a bridging visa or still have my WHV until end October? In that case I would not have to apply to leave for the trip.

 

[ampk]

WHV til October.

Yep that was two, to many calls to immigration!

 

[Underthesun]

WHV til October.

Yep that was two, to many calls to immigration!

What do you mean by this? That I was wrong calling them, or you mean all the valuable minutes of my life I will never get back? So if I am still on WHV until end of October, we could potentially apply for the visa already now, and I can still go back to my home country in August?

I am feeling more confident now that we have started putting the application together.

 

[ampk]

2 reasons yes you lost those valuable minutes of your life & they are the worst place to go for immigration advice. They often get it wrong and are not accountable for it.

I had a laugh at Westly's comment, he can be very funny.

If you are not aware both he and the other poster are Registered Migration Agents - the only place to go to get accurate immigration information and advice.

Your Bridging Visa is exactly that a bridge. It is between your current visa WHV and the new visa application (Partner Visa), you can only start to use the bridge when your current visa expires and if a decision has not been made on your new application.

I am pretty sure WHV's have full travel right, so you are free to come and go from Australia on that until its expire date.

There is the slightest chance that a 820 Partner Visa would be granted before you go in August but it also has travel rights, so no problem. They can not grant your 820 while you are offshore and they will inform you to get onshore if they intend to give you the decision.

 

[Underthesun]

2 reasons yes you lost those valuable minutes of your life & they are the worst place to go for immigration advice. They often get it wrong and are not accountable for it.

I had a laugh at Westly's comment, he can be very funny.

If you are not aware both he and the other poster are Registered Migration Agents - the only place to go to get accurate immigration information and advice.

Your Bridging Visa is exactly that a bridge. It is between your current visa WHV and the new visa application (Partner Visa), you can only start to use the bridge when your current visa expires and if a decision has not been made on your new application.

I am pretty sure WHV's have full travel right, so you are free to come and go from Australia on that until its expire date.

There is the slightest chance that a 820 Partner Visa would be granted before you go in August but it also has travel rights, so no problem. They can not grant your 820 while you are offshore and they will inform you to get onshore if they intend to give you the decision.

Haha I understand! And you are right, they are awful when you call them up and seem to know nothing. I think we will need the time until after my August trip to get the last pieces of evidence together, but it is great to know that if we apply earlier I still have my travel rights.

I can see the wait time is getting longer and longer so I am not expecting a quick reply but hoping that if we give a good application they might not need to look at it many times.

 

[Underthesun]

We have now been to register the relationship and will get the certificate in 4-6 weeks. Can we upload this once we get it or should we rather wait for the full certificate?

I also wanted advice on how best to document our contact when we were apart for my 3 months of farmwork. I was in a non reception area, so we do not have normal call or text record - But Whatsapp from every day Would screenshots be enough or what it the best option? I also have a birthday card sent to me from my partner that I saved. I could also get the owner of the farm (I have a good contact with her) to write a form 888 or other to say she heard me mentioning my partner and our plans?