[keren22]

Appreciate advice - my partner and I have been together for over three years but mostly long distance. We're not yet de facto but are in a registered civil partnership as of 11 months ago. I am an Australian citizen.

After struggling to find work back home for over 18 months he decided to apply to do a different degree in Australia to broaden career prospects. He's been accepted to a master program and has confirmed enrolment. He can't complete a similar course at home without it taking more than double the time. He's had a deep interest in the course subject and there are far more jobs in that field back home. All of his family and most of his friends are in Europe.

He's European and has never overstayed a visa before. If he just wanted to stay longer he could have done his second year of a working holiday or we could wait a few months and do a partner visa so his intentions are genuinely for study (plus the course is over $50k!). In his statement to prove he is a genuine temporary entrant he will mention he has an Australian girlfriend to be honest and truthful.

Will this weigh against his visa grant?

 

[Maggie-May24]

I think it may be wise for you both to speak with a migration agent to plan out both a student visa application and also a potential future partner visa application.

You say you aren't de facto yet you have been in a registered relationship for 11 months. Typically registering a relationship is a commitment that it's a de facto relationship and from a migration perspective, this waives the 12-month requirement. You'll want to make sure you make consistent statements in a student visa to what you would eventually say in a partner visa application.

So in the student visa application, if he says he's in a relationship with an Australian citizen, it certainly may work against his GTE requirement so this is where a migration agent would help to prepare a compelling application that he truly intends to leave Australia when he's done his studies (vs. remaining and lodging an onshore partner visa application with his Australian partner).

 

[keren22]

Thanks Maggie-May24. Also affirms my thinking. We do need to be absolutely certain of the correct approach.

I was also uncertain about how long govt registration needs to be in place for de-facto (i thought around 12 mos). And my work will almost certainly see me move overseas within 2 yrs so I suppose that is a good factor to mention.

In any event I am going to see a local migration agent and solicitor tomorrow!

 

[ozdust1]

It is not necessary for him to state your relationship in GTE as it is irrelevant. Yet, if you are registered civil partner ship he may need to state that in the application form whether papered or online application.

For GTE: He can certainly state that "He's had a deep interest in the course subject and there are far more jobs in that field back home. All of his family and most of his friends are in Europe." for the genuine purposes.

I am a Registered Migration Agent.
My MARN:1797186

I am happy to help if you may proceed to provide more detailed information about the applicant.

 

[keren22]

Thank you ozdust1 - I will separately send you a private message.