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Hi guys,

I am currently living in Sydney with my de-fact Australian partner of three years. I am here from Canada on a working holiday visa and I wished to study in Australia as well. I have been accepted to a university in Sydney that uses Streamlined Visa Processing and the program commences March
4, 2013. I decided that the easiest thing would just be to get a
student visa for now and worry about de-facto residency later since I really need to get more education in my desired field of biology. I have accepted
the offer and paid the deposit. I intend to apply for a student visa
offshore while travelling in Asia between Nov 7 and Feb 6, most likely
while in India or Nepal.

Having looked into the changes to immigration policy regarding student
visas I was surprised to learn that in order to be granted a student
visa I now have to demonstrate that I am not only a genuine student
(which I am) but that I am also a genuine temporary entrant and that I
intend to leave Australia upon completion of my degree.

I worked this year and I listed my Australian partner as de-facto on
my tax assessment, and she listed me as well. I understand that I
will be assessed against any "family or community connections" I have
here in Australia as well as my previous immigration history. Will my
relationship be known to DIAC (ie. is there communication between DIAC
and ATO) and should I list de-facto on my application or leave it as
single. If I then go on to apply for the de-facto residency route
after the completion of my degree will this work against me?

For the record, I do have a genuine interest in studying in Australia
and I have been accepted to a program that I believe would benefit me
greatly. That being said, I also have other reasons for wanting to
remain in Australia. I do intend to apply for the de-facto partnership
route at the end of my studies, but whether to apply from Canada or
Australia I have not decided. Of course the fact that I could be
denied a student visa might change my plans drastically!

If you could provide any advice it would be greatly appreciated.

Thank you,

Matt
 

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Hi,

I'm in a very similar situation and would love to know if you found out anything more about this matter! Personally, I don't know if the de facto-relationship would be an obstacle to get a student visa. I doubt that though, it's not the only thing they take into account. I think they are more interested in not granting visas to people who clearly use the student visa as a pathway to permanent residency. I think that for you (and for me) that is not the case - I would find it rather absurd if they decided to refuse everyone student visa application just because they are in a relationship with an Australian.
 

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Hi!

I am in a similar situation with my gf. Did you guys apply for you visas?
I've now paid for my tuition fee and paid for the compulsory OSHC. Now I'm waiting to hear from my university to get the code (whatever it was called) to be able to apply for the visa online. I'm expecting to get it during the next couple of days and then I'm going to apply for the visa straight away. I can let you know how it goes!

I don't think it's a problem though - I asked for advice from my partner visa CO and he told me to apply for a student visa. Very frustrating though - with good (?) luck I'll get my partner visa in February and then I applied for the student visa for nothing.
 

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I've now paid for my tuition fee and paid for the compulsory OSHC. Now I'm waiting to hear from my university to get the code (whatever it was called) to be able to apply for the visa online. I'm expecting to get it during the next couple of days and then I'm going to apply for the visa straight away. I can let you know how it goes!

I don't think it's a problem though - I asked for advice from my partner visa CO and he told me to apply for a student visa. Very frustrating though - with good (?) luck I'll get my partner visa in February and then I applied for the student visa for nothing.
Thanks, that would be great if you let me know! I'm quite sure it will work out fine in your situation.
 

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Thanks, that would be great if you let me know! I'm quite sure it will work out fine in your situation.
Not sure where to start! Anyway, I applied online for the Student Visa on the 6th of Dec and in the next morning checked the progress online and was surprised to find out that it had been granted. I did upload there a doc where I explained the situation and my pending partner visa application but that's about it - so, all in all, seems like they didn't care about me being in a de facto-relationship with an Australian (and this was mentioned on the form).

Today later it started to get a little bit more complicated; I was granted my partner visa too! I must admit I am a bit annoyed of that as my CO told me to apply for a Student Visa and said that I shall expect to get my partner visa around March. If I had known there was any chance I might get it before the end of February, I wouldn't have applied for the Student visa.
An additional problem now is that I'm not sure which visa is valid as I've understood that a new visa would cancel an existing one. I saw online in the morning that the Student Visa had been granted but got the confirmation e-mail after I had gotten a confirmation about the partner visa. Oh well, however it is, Immi will just have to work it out! I have a feeling I will be making some sort of a complaint.. After paying about 2000 € for a partner visa and then paying $530 for a student visa that (I think) was valid only for about six hours is just a little annoying.. At least I get a refund of the OSHC!

Anyway, all in all, my flight has been booked and in three weeks I'm moving to Perth so it all turned out well in the end! Good luck to you too!
 
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