Student visa 574 to partner de facto visa

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Student visa 574 to partner de facto visa


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Old 07-22-2011, 03:03 PM
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Student visa 574 to partner de facto visa

Hello everyone!

I am hoping that someone can give me some advise about my partner's visa situation.

He is Irish and I am Australian and have been living (in sin) together in the middle east for a year and a half now. We do not have any proof of our co-habitation as we are provided with housing (or in our case he is provided with the apartment and I receive a housing allowance), utilities, cars etc by each of our employers and are not allowed to have a joint bank account here (although this whole possibly not being able to provide sufficient proof thing is a whole other issue that we have pretty much given up on).

Anyway! What we are planning on doing is moving to Australia next year, where my partner wishes to study a masters course in Engineering Management.

The student visa he would be eligible for is the 574. The course is only a one year course, running from start to end of 2012.

We wish for him to be able to obtain a partner visa, so that he can stay in Australia after his studies. However, not too sure what is the best way to approach this...

I know you can apply for to visas at the same time, and it is best to apply for partner visas sooner than later, as they can take a fair amount of time to process... However, I think that it is best to wait until he is granted his student visa and we are in Australia before applying for a partner visa, as an off-shore application may mean that he would have to possibly leave the country for it to be granted and that may occur during his course...? (or am I being too optimistic for it to be granted within a year, especially since it is hard for us to proof living together until we get a lease in both of our names in Australia?) Also, I really do not know if you can get the required medical tests or police checks here in the middle east that are required for the application... things are so strange here... we are about to go and visit Australia next month (where we are going to hopefully begin by opening a joint bank account), is it possible to get medicals done there whilst we are visiting and use those as part of the visa application?

I figured that perhaps the best thing to do is wait until the moment we move to Australia to apply for an on-shore partner visa... as it is so difficult on trying to prove that we have been living together all this time, maybe this means that we would have to start our 1 year of living together period, from the time that we move to Australia? Has anyone had experience with difficult proof of living together issues?

Of course there is the chance that after the course he may find a job that will sponsor him. But it seems that most jobs state that you must already be allowed to work in Australia to apply, which implies they are not looking to sponsor a worker for the job...

Any advice is greatly appreciated!

Thank you all so much!


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Old 07-23-2011, 01:33 AM
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Hi, you are completely right:
"I figured that perhaps the best thing to do is wait until the moment we move to Australia to apply for an on-shore partner visa... as it is so difficult on trying to prove that we have been living together all this time, maybe this means that we would have to start our 1 year of living together period, from the time that we move to Australia?"

Although you will still be able to count the time you lived together in the Middle East as part of the 12 months (you can use anything as proof: letters from both your employers saying that you share the same accomodation, letters you both received at the address, statutory declaration from the landlord, ect) - I still think you should apply onshore once he has the student visa, and once the student visa expires he'll be granted a bridging visa so he can wait here for the decision to be made.

I think you should apply onshore because he'll be here anyway as a student, and you can get the medicals and gather other documents easily. Remember you have to do lots of annoying things like getting photocopies of important documents certified; you can get this done for free in Aus at any police station, other countries sometimes charge for this service. I think it'll be easier in general to get hold of important documents (eg: birth certificate, police check) in Aus. But don't forget that before you leave the Middle East you might want to collect anything that shows you've been living together.

Also - if you live in NSW, ACT or VIC you might consider registering the relationship at Births, Deaths and Marriages as it's a good proof to have as a de facto couple and also it waives the 12 month living requirement.

In regards to not living in your own house just with your partner or sharing accomodation with other people, many have been in similar situations here and it doesn't pose a problem. I have been living with my partner in my mum's house (my mum still lives here too), and at first we were worried that we wouldn't have enough proof that he was living here (no bills, nothing in our name). What we provided with the application to show this was: Letters sent to him at this address (Vicroads, bank statements, Myki, letters from friends and family, Tax File Number, letters from French consulate, Australian Police Check, French police check and birth certificate sent here), his drivers license with our address, and statutory declarations from my partner, my mum and myself.

Make sure you read the partner migration booklet, especially pages 40/41:
http://www.immi.gov.au/allforms/booklets/1127.pdf


Last edited by SarahM; 07-23-2011 at 01:46 AM.

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Old 07-23-2011, 05:07 AM
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"Although you will still be able to count the time you lived together in the Middle East as part of the 12 months (you can use anything as proof: letters from both your employers saying that you share the same accomodation, letters you both received at the address, statutory declaration from the landlord, ect)"
- None of the above are possible due to the way things are here in the middle east (not really allowed to live together so no letters form employers, all mail here is sent to workplace P.O. boxes, no landlord as apartment is included in contract). *sigh* Things are never straight-forward here.

"I think it'll be easier in general to get hold of important documents (eg: birth certificate, police check) in Aus."
- can someone confirm if the sponsor has to provide a copy of their birth certificate? I have lost mine and it will be tricky to obtain a new one (not born in Australia), but I have an Australian passport. Also do we have to get a police check in Australia, if we have both just moved back there? Or would we have to obtain on from the middle east (may be extremely difficult as most police here do not speak English!)

Also - if you live in NSW, ACT or VIC you might consider registering the relationship at Births, Deaths and Marriages as it's a good proof to have as a de facto couple and also it waives the 12 month living requirement.
- may be a good option for us! However, looking at the application for this, it requires: "Australian visa in passport which authorises permanent residency"... I do not think this is the case if he is just on a student visa...?

Or would this be an option: go to Oz, apply for an on-shore partner visa, be issued with a temporary visa whilst it is being processed (is this correct??), he can study on this temporary visa, wait for the actual visa to be issued...?? Apologies if this is completely wrong, I am a little confused!


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Old 07-23-2011, 05:58 AM
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Quote:
Originally Posted by rcar View Post
- None of the above are possible due to the way things are here in the middle east (not really allowed to live together so no letters form employers, all mail here is sent to workplace P.O. boxes, no landlord as apartment is included in contract). *sigh* Things are never straight-forward here.
Ok, in that case you should register the relationship in VIC, NSW, or ACT to waive the 12 month requirement. You still have to explain the history of your relationship, so you will get the chance to explain how you were living in the Middle East and why you don't have the proof. What's more, under certain conditions couples don't have to meet the 12 month requirement if they have compelling circumstances. It would be good for you two to spend some time living together in Aus, however if you fall short of the 12 months you can write a cover letter explaining how the rules in the Middle East made it illegal/impossible/socially unacceptable to live together legally and you may be excused for having not met the 12 months (even though you did live together) (this all depends however, but if you had to hide the fact that you were living together because of societal laws you might have a chance.

I'm not saying that your situation will guarantee that immigration will waive the 12 month requirement. In any case I think if you come to Aus with your partner, keeping the appropirate proof, you will be able to spend 12 months together before lodging.


Quote:
Originally Posted by rcar View Post
- can someone confirm if the sponsor has to provide a copy of their birth certificate? I have lost mine and it will be tricky to obtain a new one (not born in Australia), but I have an Australian passport. Also do we have to get a police check in Australia, if we have both just moved back there? Or would we have to obtain on from the middle east (may be extremely difficult as most police here do not speak English!)
This is on the form that your partner has to fill out http://www.immi.gov.au/allforms/pdf/47sp.pdf :
Documents to prove your identity – a certified copy of
your birth registration showing both parents’ names. If
you do not have a birth certificate and are unable to get
one, you must provide a statutory declaration detailing
your date and place of birth and full names of your
parents in addition to at least one of the following
documents:
• passport
• family book showing both parents’ names
• identification document issued by the government
• document issued by a court that verifies your
identity.
If you are unable to provide one of these documents,
you must provide other acceptable evidence that you
are who you claim to be

Evidence that your fiancé(e) or partner is an Australian
citizen, Australian permanent resident or eligible New
Zealand citizen (certified copy of birth certificate,
Australian passport or foreign passport containing
evidence of permanent residence; for New Zealand
citizens – evidence of length of residence in Australia
and of continuing links with Australia)


For the police check - only the applicant (your partner) has to provide police checks for every country in which he has lived for 12 months or more in the last 10 years
You really need to start reading the application forms that you and your partner will be filling out:
Your partner, the applicant: http://www.immi.gov.au/allforms/pdf/47sp.pdf
You, the sponsor: http://www.immi.gov.au/allforms/pdf/40sp.pdf
Your partner will also have to fill this out (though you don't have to hand it in straight away with the rest of the application, you can hand in the application and provide this as soon as you can):
http://www.immi.gov.au/allforms/pdf/80.pdf

Quote:
Originally Posted by rcar View Post
- may be a good option for us! However, looking at the application for this, it requires: "Australian visa in passport which authorises permanent residency"... I do not think this is the case if he is just on a student visa...?
What state are you in? In NSW only one person needs to be resident in NSW. In VIC it's hard to register if the foreigner is on a temporary visa (tourist or working holiday), but only one of the people has to be an Australian citizen. Read the requirements again, usually only one person has to be an Australian citizen. There are people on the forum who have registered their relationship while one of them was on a student visa

Quote:
Originally Posted by rcar View Post
Or would this be an option: go to Oz, apply for an on-shore partner visa, be issued with a temporary visa whilst it is being processed (is this correct??), he can study on this temporary visa, wait for the actual visa to be issued...?? Apologies if this is completely wrong, I am a little confused!
First: he must come to Australia on a visa - he must have a visa on entry (tourist/visitor/working holiday/student). THEN, you apply for the partner visa and once the visa he came on expires, he is automatically granted a Bridging visa which has the same conditions as the visa he arrived on. He is allowed to stay in Australia while a decision is made

I really suggest you read the partner migration booklet because you seem a bit confused.


Last edited by SarahM; 07-23-2011 at 06:17 AM.

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