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Discussion Starter · #1 ·
Hello , I’m from Hong Kong and I have lived with my gf who is a PR in aus for around 2 years in Hong Kong.So is it possible to prove that we are in a de facto relationship and apply the 820visa or I have lived with her in aus for 1 year?
 

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Hello , I'm from Hong Kong and I have lived with my gf who is a PR in aus for around 2 years in Hong Kong.So is it possible to prove that we are in a de facto relationship and apply the 820visa or I have lived with her in aus for 1 year?
I'm not sure I understand.

Is your partner (not girlfriend, don't use girlfriend) an Australian Citizen or just PR?

I could be wrong on this, but I think that in order for your partner to be eligible to sponsor you (as she has PR), she has to demonstrate that she has lived in Australia for a certain amount of time.Again, I could be wrong about that, so don't take it as gospel.

Edit: From the DIBP website - "Australian permanent resident or eligible New Zealand citizen sponsors must usually live in Australia."

It appears that your partner (the sponsor and the AU PR) must usually live in Australia.
 

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Discussion Starter · #3 ·
Thanks for your reply.

My partner is from Hong Kong too and she went to study in australia for a year before.Somehow, she became a PR by the help from her relatives.But she just came back to hong kong to study for two years.

Now she is going to study in a university in brisbane. And I am going to brisbane by using working holiday visa.So I am not sure the time we lived in Hong Kong that count as a de facto relationship. Therefore, we don’ t have to wait a year in australia and then apply the de facto visa.

Sorry about that my english is terrible....
 

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Thanks for your reply.

My partner is from Hong Kong too and she went to study in australia for a year before.Somehow, she became a PR by the help from her relatives.But she just came back to hong kong to study for two years.

Now she is going to study in a university in brisbane. And I am going to brisbane by using working holiday visa.So I am not sure the time we lived in Hong Kong that count as a de facto relationship. Therefore, we don' t have to wait a year in australia and then apply the de facto visa.

Sorry about that my english is terrible....
Don't apologize, my English is terrible and it's my first language :D

I think in order for her to sponsor you she has to demonstrate that she's lived in Australia for a certain period of time. Two years I believe? Again, I could be wrong on that.

It sounds like your both going to Australia either way on visa's. She just might not be able to sponsor you because she hasn't lived in Australia regularly.

Honestly, I would suggest speaking with a RMA. For a small fee a consult with one would benefit you and your partner greatly.

This is from the DIBP website.

A person is considered settled if they are an Australian citizen, Australian permanent resident or an eligible New Zealand citizen who is lawfully resident in Australia for a reasonable period. In normal circumstances, two years is considered to be a reasonable period. Sponsors who have been absent from Australia for extended periods prior to lodging their sponsorship may be required to provide documentary evidence to determine whether the settled requirement is met.
 

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Discussion Starter · #5 ·
Thanks again, you are really helpful.I may consider some methods to stay in australia now and get the PR by myself.Working Hoilday is a first step to have basic financial support and get know about australia. Anyway, thanks for your help.
 

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I think in order for her to sponsor you she has to demonstrate that she's lived in Australia for a certain period of time. Two years I believe? Again, I could be wrong on that.
You are right, the sponsor has to be "usually resident" but the 2 years applies to "settled".

DIBP defines usually resident as "The place that a person is 'usually resident' is decided taking into account their physical residence (where the person eats, sleeps, has a home) and the person's intention to make that place their home."

Settled is defined as "A person is considered settled if they are an Australian citizen, Australian permanent resident or an eligible New Zealand citizen who is lawfully resident in Australia for a reasonable period. In normal circumstances, two years is considered to be a reasonable period. Sponsors who have been absent from Australia for extended periods prior to lodging their sponsorship may be required to provide documentary evidence to determine whether the settled requirement is met."

It is possible to be usually resident without having lived here for that length of time :)
 

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You are right, the sponsor has to be "usually resident" but the 2 years applies to "settled".

DIBP defines usually resident as "The place that a person is 'usually resident' is decided taking into account their physical residence (where the person eats, sleeps, has a home) and the person's intention to make that place their home."

Settled is defined as "A person is considered settled if they are an Australian citizen, Australian permanent resident or an eligible New Zealand citizen who is lawfully resident in Australia for a reasonable period. In normal circumstances, two years is considered to be a reasonable period. Sponsors who have been absent from Australia for extended periods prior to lodging their sponsorship may be required to provide documentary evidence to determine whether the settled requirement is met."

It is possible to be usually resident without having lived here for that length of time :)
Ah, at least I was in the ballpark!

This thread actually got me to thinking if my partner is eligible to sponsor me, given that she has been in Canada (with me) since early 2016.But she's a citizen by birth and after checking a few other threads, it appears that she is alright to sponsor me.
 

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Ah, at least I was in the ballpark!

This thread actually got me to thinking if my partner is eligible to sponsor me, given that she has been in Canada (with me) since early 2016.But she's a citizen by birth and after checking a few other threads, it appears that she is alright to sponsor me.
Haha it's DIBP, of course nothing can be straight forward :p
 

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