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Discussion Starter · #1 · (Edited)
Hello all!

My partner lives in the United States, and we have been in a long distance relationship for 7 years, with yearly trips made by myself to visit him. As we are same sex, we would eventually be applying for a de facto visa. The issue is the 1-year living together requirement. To work around this, we are planning for him to come here on the Work And Holiday visa. He is 28, and we're planning to do this in the next couple of years, obviously before he turns 31.

My issue is the Work and Holiday visa is 12 months long, and the requirement is 12 months living together. How would we go about getting him the de facto relationship visa when the 12 month day of him living with me would be the day he would have to leave from his tourist visa?

Further information: I have recently moved back in with my parents after living 7 years away from them. The plan would be to get our own place, shared bank accounts, bills and the like, but it might take a while.

Could I theoretically visit him for 3 months on a Visa Waiver to the US and fly back into Australia with him on the start of his holiday visa, that way I have "lived" with him for 3 months before the 12 month holiday visa begins?

If we do that, would that be suspicious, in terms that it would be obvious when applying for the defacto visa that we planned for the 12 month holiday visa to constitute the 12 month living together requirement?

Also I've read about the whole going to NZ in the final month of the tourist visa then coming back on an ETA, but I've also read where they're beginning to refuse people who use this loophole, so I would rather not go this route.

Any advice on how to go about this please! We've lived apart for 7 years, with me trying to move there through the US diversity lottery to no avail. So now we're faced with him coming here before he turns 31 on the holiday visa.

Thanks for the help!
 

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Hi there,

I have looked on the DIAC site and think that your partner should try this visa instead:

Work and Holiday Visa (Subclass 462)

I think it would be a better option for your partner since it allows short-term employment, which a tourist visa doesn't, and lasts for 12 months. It will take some time to prepare the application, but it's a less riskier option than the tourist visa.
 

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Discussion Starter · #3 ·
Thanks for your response!

That is actually the one I meant in my original one, sorry about the miscommunication.

I'm wondering though, since it allows him to stay for 12 months, and it requires 12 months living with each other, how do I go about applying for defacto before he has to leave?

Could you perhaps go back to my original post and read it with the Work/Holiday Visa in mind and give me your thoughts? :) It would be greatly appreciated! :D
 

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Well, the applicant has some time before they have to enter Australia and activate the visa. So, you could go over to stay with your partner until the last possible day he has to enter. This would give you a few extra months together possibly and give you a few months at the end of the visa within which to prepare and lodge the partner application before his visa expires. He would then go onto a bridging visa giving him the same conditions as the visa he is on until a decision is made on the de facto visa.
 

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Discussion Starter · #5 ·
Thank you very much! That was what I was hoping :) Will there be any issues with him coming specifically on a work/holiday visa purely to gain the year living with partner time? Like is it something that we shouldn't even mention to immigration, or is it a non-issue? :)
 
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