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Discussion Starter · #1 ·
Greetings,

My partner and I are lodging an onshore partner visa - we are engaged but will not be married until a couple of months AFTER our application is complete (submitting next week). I have wasted thousands on registered migration agents and solicitors who have conflicting advise and info... so we are doing it on our own.

1. Which visa is the right one from on shore?

2. We do not have enough de facto documentation solid - but if we apply for de facto - with recent financial/lease evidence, solid social and 888s from our 2 year relationship, some of which was overseas and long distance, and are married shortly after, will it be accepted and sure up our application?

3. Any more advise? I feel like I'm drowning lol... This is a complicated process!

Thank you!
Cheers
 

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I'm sorry you have wasted so much money on a number of migration agents and solicitors, instead of just committing to one who actually knows his stuff. I don't understand why you have been receiving conflicting advice, because partner visas are ,in essence, fairly straightforward.

1)If you are gong to apply onshore, then there is only one visa option and that is sc. 820/801.

2)No one can tell you if your application is going to be approved or not. I would not even express an opinion without having seen all the available evidence.

3)It does not need to be complicated at all, if you go about it the right way and work with proper checklists and a realistic timeframe.
 

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In addition to the above comments, I will remind you that it is an at-time of application requirement. You must meet the requirements for this visa or you will be denied. Time after applying can't be counted towards it so make sure you have all the evidence you need before you apply.

By being engaged and not yet married, you have 3 partner visa options available to you. It all depends on your personal circumstances which is the best, and no one can tell you without knowing what evidence you have.

But what is your reason for wanting to apply onshore? Often it's because people don't want to wait apart, but there are ways to be together while waiting for an offshore visa as well. For example, you could come to Oz on a 462 Work and Holiday Visa while awaiting a decision on a 300 or 309/100 and that allows you to live and work in Australia for one year, with the option to extend to a second year if you meet the requirements. Or come on an ETA and stay with your partner but with no work rights.

Depending on your occupation, you might qualify for a skilled work visa which is a faster and cheaper option to coming to Australia and getting PR over the partner visa route which can take 3-5 years from start to finish at the moment.

Lots of options out there.
 

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Discussion Starter · #6 ·
Thanks for all of your responses! The conflicting advice I was offered was in reference to mostly a skilled related visa...

But I was also told that we could submit a De Facto asap, and if we were married like we planned even before this process, several months after we lodged the de facto, we would be solid, and it would be very hard for it to be knocked back. Is this not true?

I wish I could now afford to hire a trusted agent posting in these forums, but the expenses I have paid for the others, and my inability to work, make this impossible.

My urgency is that my visa expires on March 17, and I am too old for a work holiday visa, and we would much prefer to stay together and close during the process.

Given this, any feedback on the best course of action? My main concern, is if we are married shortly after submitting a De Facto - will it not be recognized or considered?
 

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Thanks for all of your responses! The conflicting advice I was offered was in reference to mostly a skilled related visa...

But I was also told that we could submit a De Facto asap, and if we were married like we planned even before this process, several months after we lodged the de facto, we would be solid, and it would be very hard for it to be knocked back. Is this not true?

I wish I could now afford to hire a trusted agent posting in these forums, but the expenses I have paid for the others, and my inability to work, make this impossible.

My urgency is that my visa expires on March 17, and I am too old for a work holiday visa, and we would much prefer to stay together and close during the process.

Given this, any feedback on the best course of action? My main concern, is if we are married shortly after submitting a De Facto - will it not be recognized or considered?
Did you already apply for the 820/801 on shore? If so, what visa did you enter Australia on?
 

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Discussion Starter · #8 ·
Did you already apply for the 820/801 on shore? If so, what visa did you enter Australia on?
I'm on the end of an ETA, we were looking to submit an application in the next week.

We have heaps of evidence social, travel, amazing 888s, no finanical yet, and have only lived together since October. We have been together since 2015, but we were long distance 9 months of it, together in person 9 months of it, and had several 3-6 month breakups as well... In the last 6 months we've realized how committed we are, and now we are running out of time.
:confused:
 

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I'm on the end of an ETA, we were looking to submit an application in the next week.

We have heaps of evidence social, travel, amazing 888s, no finanical yet, and have only lived together since October. We have been together since 2015, but we were long distance 9 months of it, together in person 9 months of it, and had several 3-6 month breakups as well... In the last 6 months we've realized how committed we are, and now we are running out of time.
:confused:
Does your visitor visa have a no further stay condition attached to it?
Is your relationship registered?

I'm a little fuzzy on the de facto requirements, but it sounds like you may not meet the de facto requirements. Any advice I would give you probably wouldn't do you any good, to be honest.

If you can, consult with one of the RMA's who replied in this thread and they can point you on the right path.

Good luck.
 

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Discussion Starter · #10 ·
Does your visitor visa have a no further stay condition attached to it?
Is your relationship registered?

I'm a little fuzzy on the de facto requirements, but it sounds like you may not meet the de facto requirements. Any advice I would give you probably wouldn't do you any good, to be honest.

If you can, consult with one of the RMA's who replied in this thread and they can point you on the right path.

Good luck.
Thanks for your help :) I do not have a no further stay. Relationship is not registered yet.
 

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Thanks for all of your responses! The conflicting advice I was offered was in reference to mostly a skilled related visa...

But I was also told that we could submit a De Facto asap, and if we were married like we planned even before this process, several months after we lodged the de facto, we would be solid, and it would be very hard for it to be knocked back. Is this not true?

I wish I could now afford to hire a trusted agent posting in these forums, but the expenses I have paid for the others, and my inability to work, make this impossible.

My urgency is that my visa expires on March 17, and I am too old for a work holiday visa, and we would much prefer to stay together and close during the process.

Given this, any feedback on the best course of action? My main concern, is if we are married shortly after submitting a De Facto - will it not be recognized or considered?
I won't comment on advice you may have received from others, unless I can see it in writing.

Getting married after you have lodged the application may do little in assisting you to meet the 'time of application" relationship requirements.
 

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Are you in a state that allows relationship registration? That might not be enough, but it's probably the best thing you can do if you only have a week and you're going to roll the dice and apply regardless. Include your application for registration/any receipts you get when you apply to register in your application for your partner visa.
 

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But I was also told that we could submit a De Facto asap, and if we were married like we planned even before this process, several months after we lodged the de facto, we would be solid, and it would be very hard for it to be knocked back. Is this not true?

Given this, any feedback on the best course of action? My main concern, is if we are married shortly after submitting a De Facto - will it not be recognized or considered?
From what I have read, the situation at the "time of application" is what is counted.

Getting married after the application might help with the later 801 part, but may not help with proving your 12 month defacto (effectively married but not legally) relationship at the time of application.

We were in a similar situation (lived together for 9 months before applying) and chose to use the PMV 300 route rather than risk being rejected and losing the application fee.
 

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Discussion Starter · #14 ·
Are you in a state that allows relationship registration? That might not be enough, but it's probably the best thing you can do if you only have a week and you're going to roll the dice and apply regardless. Include your application for registration/any receipts you get when you apply to register in your application for your partner visa.
Thanks CollegeGirl,

And if we are married shortly after, will it not be considered at all?

Cheers
 

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If the OP were to wed after lodging an application, this would not cure a schedule 1 'time of application' defect. A post application relationship registration might achieve this outcome, but cannot be applied for if either party is married. Get some correct advice/assistance from one of the RMAs on this forum.
 

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Also relationship registration is not available in every state, and I believe there is also a waiting period like there is for marriage (but I may be wrong).
 

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Right - there's a cooling off period for relationship registration. The small nuanced detail here is that in order for your marriage to be considered to waive the 12 month de facto requirement (ie, to be seen as applying as a married couple rather than as de facto), you have to be married at *time of application.* However, as agent wrussell stated above, relationship registration can waive that 12 month requirement *after* application - it's been successfully argued to be a time-of-decision requirement. (That's my understanding at least.) So my opinion is that the best thing you can do is go start that registration process and provide evidence you've started it with your application. That way they know you're on the way to meeting the requirements.

These are the little nuances that a really good agent knows and can help you with. I know you said you can't afford an agent right now, but a consultation with one of the ones on this board is not hugely expensive and could ensure you're going in the right direction. $7k is a lot of money to throw away on an unsuccessful application. :(
 
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