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Discussion Starter · #1 · (Edited)
hi everyone! i'm new here and would like to seek help/advice from here.

Background:
i'm 30 this year and will be going Australia soon on WHV with no NFS condition. I have a Australian PR boyfriend and we are looking on ways to help me get PR status. We have been together for 4 years. During these 4 years, we would meet about twice per year for about 2 weeks each. We do have a joint account in Australia for savings.

Question:
1) Should we get a PMV before my current WHV expires? How does getting a PMV first helps in the future OPV application?
2) Or can we get married with a WHV and apply for OPV thereafter?

Thank you in advance!! :):)
 

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OPV is not what I have ever seen before but expect it is Onshore Partner Visa or best called 820 or 820 Partner Visa.

A key factor would be in your questions in your WHV applications regarding marital status - if you stated single you may have a few problems.

1) PMV must be done offshore - it only helps if you don't have evidence of relationship for the 820.

2) You can get married but it wont help getting a Partner Visa 820 (or 309) approved.
 

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Can also consider registering your relationship to waive the 12 month requirement, though you'd still need evidence that your relationship is de facto.
 

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Discussion Starter · #6 ·
OPV is not what I have ever seen before but expect it is Onshore Partner Visa or best called 820 or 820 Partner Visa.

A key factor would be in your questions in your WHV applications regarding marital status - if you stated single you may have a few problems.

1) PMV must be done offshore - it only helps if you don't have evidence of relationship for the 820.

2) You can get married but it wont help getting a Partner Visa 820 (or 309) approved.
hi! yes i mean 820. my apologies for not being specific.

I did state single during WHV application. How will this affect future partner visa application?
During the WHV, i will be staying together with my boyfriend. will this count into the 12month de facto relationship? Hence, does it mean I can only apply for 820 after my WHV expires?
 

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Discussion Starter · #8 ·
Can I ask did you get a joint account while you were in Australia? We were wanting to get one to start saving together but I can't find any way were allowed since my fiance hasn't been to Australia (it's not a priority just something we'd like to do!). Just curious 🙂
we opened a joint account with NAB when i was there for holiday. hope this helps!
 

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If you were single and only do a 1 year Work Holiday Visa - do you find it strange that you are in a relationship for greater than 12 months at time of application for a 820 onshore application?

I only did year 10 at school but basic maths leads me to believe, false information given on a visa application -either the WHV or the 820.
 

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Discussion Starter · #10 ·
If you were single and only do a 1 year Work Holiday Visa - do you find it strange that you are in a relationship for greater than 12 months at time of application for a 820 onshore application?

I only did year 10 at school but basic maths leads me to believe, false information given on a visa application -either the WHV or the 820.
the website states that "If, at the time you apply, you have been in a long term relationship with your partner, your permanent Partner visa (subclass 801) visa may be granted immediately after the temporary Partner visa (subclass 820) visa." my boyfriend and I have been in a relationship for 4 years, so i thought the WHV is like a added bonus before we go about applying the 820.

however, judging from your reply, do you suggest WHV---PMV---get married---820?
 

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As far as I know or have read, the department does not consider your dating long distance or online as time towards a long term relationship.

Also, did you notify the department that younger in a relationship with an Australian PR at the time of your WHV application?
 

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the website states that "If, at the time you apply, you have been in a long term relationship with your partner, your permanent Partner visa (subclass 801) visa may be granted immediately after the temporary Partner visa (subclass 820) visa." my boyfriend and I have been in a relationship for 4 years, so i thought the WHV is like a added bonus before we go about applying the 820.

however, judging from your reply, do you suggest WHV---PMV---get married---820?
The point is that if you filled in single in your WHV application, you cannot claim for your 820 that you have been in a defacto relationship for 4 years. The rules around what counts as a relationship for partner visas is quite specific and dating doesn't count (nor do usually long distance relationships).Note that marriage doesn't count in that regard,

So, that being the case this means that you cannot meet the 12 months requirement for an 820 if your defacto starts when you move in together when you arrive in Australia. The two ways around that (I believe, someone correct me if wrong) is to either get married or register your relationship. This removes the 12 months requirement although still requires you to prove the relationship on the key criteria. Registering a relationship is an option in some but not all States. You would only qualify for the temporary visa 820 initially.

For the PMV you would have to leave Australia at the end of your WHV and apply Offshore. If you plan to marry anyway, doing so on your WHV to remove the 12 months requirement may be an easier option if that is a possibility.
 

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Yes at the time of your WHV application you claimed to be single to the Immigration Department.

So to the same Immigration Department you now want to claim being in a de facto relationship for 4 years.

You should have a look at your evidence time line and see what you actually have. Is this the first year of WHV and is a second year possible?

See the problem - one of them is giving false or misleading information. That can have very bad consequences.
 

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Doing a first and then second WHV would give you enough evidence to then apply de facto.

You don't need to meet any 12 month or de facto requirement for a PMV 300 so you can apply for that any time if you and your partner are in a genuine relationship and have met once in person since turning 18. But you need to be engaged for this one. So no, you wouldn't have to wait until the end of your WHV to then be able to apply for the PMV 300. Keep in mind, while this is the easiest option in terms of evidence, it's also a bit longer and more expensive. You make the initial 300 app ($7000) and then after grant and marrying, you then apply for the 820/801 from a 300 ($1170).

Claiming single isn't too bad if you do the PMV route as there's no option to answer in a relationship that doesn't include things like married, de facto, engaged, etc that I'm aware of. Technically that would have been the correct answer as I didn't consider myself de facto while in a long distance relationship.

So one option to consider is, if you're engaged, to apply for the 300 offshore then come over on a WHV while awaiting a decision.

Another option is to do the initial WHV, then a second year which would allow you enough time to build the de facto 12 months evidence requirement. Keep in mind there are special requirements to qualify for a second year.

Yet another option, if available in your state, is to register your relationship. This waives the 12 month requirement but not the evidence, so you'd want to gather evidence during your WHV and apply towards the second half of it. Same goes if you choose to marry. You'll still need to acquire evidence of combined lives as being married in itself does not qualify anyone for a partner visa.
 

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the website states that "If, at the time you apply, you have been in a long term relationship with your partner, your permanent Partner visa (subclass 801) visa may be granted immediately after the temporary Partner visa (subclass 820) visa." my boyfriend and I have been in a relationship for 4 years, so i thought the WHV is like a added bonus before we go about applying the 820.

however, judging from your reply, do you suggest WHV---PMV---get married---820?
Yeah, no. That long term relationship requirements means you have to have been de facto and be able to prove it with substantial evidence for the three years prior to the application. A LDR is more of dating.

Besides, like ampk said, how do you expect to claim de facto for any time prior to the application you made where you claimed single? Immigration does not take people providing false information lightly.

That being said, technically it's not false information if you weren't de facto at the time you applied.

What I think the issue here is you're confusing being in a relationship with being de facto. One requirement to be considered de facto is that you live together or do not live separately and apart on a permanent basis. A long distance relationship where you've never even begun living together wouldn't be considered de facto in my opinion.

And if you're going to do the PMV route, there's no reason to not apply before you come on your WHV if you meet the requirements. If you're not going to apply for the PMV until the end of your WHV, then there's not much of a point in doing the PMV route at all as you could just as easily marry on your own or register the relationship and have enough de facto or spouse evidence to apply for the 820/801.
 
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