Onshore Partner Visa

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Onshore Partner Visa


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Old 03-01-2015, 11:15 AM
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Onshore Partner Visa

Hello everyone. I'm new to this forum and hope you guys can give me some moral support.
I myself am from UK. I met my partner who is a kiwi and lives in Melbourne in October. We are dedicated to maintaining a long distance relationship until next year where I am planning to come over on a tourist visa and apply for a onshore partner visa.
I came to Melbourne in febuary and we applied for a defacto relationship, I am going back in June so we can sign the declaration.
She's coming over in June and I'm back at christmas.
I hope to come over and start the onshore visa application in March 2016.

The things that worry me -
- although we'll be registered in a defacto relationship, we can't prove we've lived together. As we haven't!
- she's a kiwi, has work rights etc but no access to medi care. She'll still be able to sponsor me right? She says she doesn't have a visa stamp in her passport but she has rights to live there.
- is it actually ok for me to come on a tourist visa and apply for onshore partner visa?

I appreciate you guys probably get bombarded with stuff like this, but a reply on a personal level would be greatly appreciated


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Old 03-01-2015, 11:26 AM
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Firstly I wanted to double check that your relationship is getting registered with Victoria BDM and not Melbourne. Just that Victoria BDM have a strict 12 month policy where people aren't able to register the relationship unlesa they have been living together 12 months.

You will need to check if she is an eligible NZ citizen to apply for a partner visa otherwise there is the 461 visa which is a relationship with a NZ citizen.

Information on an eligible NZ citizen for a partner visa for you:
An eligible New Zealand citizen is a New Zealand citizen who was living in Australia on 26 February 2001 or for at least one year in the two years immediately before 26 February 2001.

An eligible New Zealand citizen can:

sponsor family members for an Australian permanent visa
access certain social security payments
obtain Australian citizenship.


From what I can see that you wrote even with registering the relationship you will have a hard time gathering enough evidence to convince DIBP as you haven't lived together much.


Last edited by Mish; 03-01-2015 at 11:31 AM.

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Old 03-01-2015, 11:32 AM
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Hi Mish. We applied at the City of Melbourne town hall. We have had the application approved and a date to return and sign the declaration. The price is $250 which we pay on th day of the signing. My partner received a phone call confirming everything and nothing was mentioned of us not living together. Is this ok?

Ok, I'll check with her. Is the 461 visa onshore applicable?


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Old 03-01-2015, 11:36 AM
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Sorry City of Melbourne is not accepted by DIBP to waive the 12 months living together.

You can apply for a 461 onshore.

You don't seem to have lived together long amd have had huge amounts of separation therefore you would probably have a tough time convincing DIBP that you are in a de facto relationship. DIBP are likely to see it as dating.

Migration agents usually recommend atleast 6 months living together minimum for a registered relationship with BDM.


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Old 03-01-2015, 11:44 AM
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Ok so on a personal note, how do you see a way forward for us?

So, there's not real point in wasting $250 in June? The city of Melbourne website doesn't mention anything of what you said.

Will the 461 visa require the same amount of evidence as the 800-820 visa, being required to be in a defacto relationship etc etc


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Old 03-01-2015, 11:53 AM
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You mentioned you are from the UK, have you used your WHV? If not and you are not too old you can apply for that which is valid for 12 months. You will need 12 months or more so you could make it by having your partner come to the UK for a month and live with you and then go to oz on a WHV.

Other option is get married that waives the 12 months living together.

Also if you are close you have until the decision is made to register the relationship so you can be at 11 months and 20 days and submit the application and then once you hit 12 months register with BDM Victoria.

I wouldn't waste the money registering with City of Melbourne.

I would imagine both the 461 and the 820 require the same amount of evidence.


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Old 03-01-2015, 12:05 PM
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At 32 I'm too old for WHV. Plus I already used that when I was younger.

Reading up on the 461 visa, it seems pretty straight forward. Just mentions that I need to be her 'partner', but doesn't really define partner though. Also doesn't mention anything about the level of evidence needed compared to the 820.

Why all so complicated?!!!!

The problem being is we're limited to seeing each other until I'm over permanently, so the registration things seems a bit impossible.


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Old 03-01-2015, 12:09 PM
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If you are up for marriage and she is an eligible NZ citizen then you can apply for the PMV offshore.

You can post in Ask Mark and ask him what the length is for de facto for a 461 visa but I am pretty sure it is 12 months like the 820.


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Old 03-01-2015, 12:38 PM
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Thanks for all your help. She won't be an eligible NZ citizen as she's only lived in Australia for 7 years. Back to the drawing board ��


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Old 03-01-2015, 06:19 PM
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Would your partner be able to live in the UK on a WHV? To build up cohabitation time? What about a UK spouse visa if your willing to get married? Live together then move to Australia (if a WHV isnt possible for her).

Also just for your own reference (and anyone else who reads this in the future) below is from the melbourne city council website, it just explains that its not valid in waiving the 12 month cohabitation requirement for a visa.

Will becoming a signatory of the City of Melbourne Relationship Declaration Register assist one or both parties in their partner visa application process?

An application for a partner visa can be assessed under either the Marriage Act or as a defacto marriage.*The definition for a defacto marriage requires that the couple have been in the relationship for a minimum of 12 months.There is an exemption to the 12-month requirement where the relationship has been "registered under a law of a State or Territory prescribed in the Acts Interpretation (Registered Relationships) Regulations 2008 as a kind of relationship prescribed in those Regulations" (This is in Reg 2.03A(5)).*A couple registering under a council relationship declaration provision would not meet this exemption*unless that council scheme was registered under a State law.That would not, however, prevent a couple submitting the registration of their relationship under a council registration scheme as one piece of evidence as part of the visa application.*The visa criteria also requires proof of a genuine and ongoing relationship with reference to financial, social and household commitments.*Applicants may submit registration of their relationship, amongst other things, as proof of such commitment.For further information, please contact the*Department of Immigration.

__________________
Visa: 820/801 Partner (Defacto) from WHV
Nationality: British
Applied: Online, Onshore (Melbourne)
Application Date: 5th February 2014
Police Checks: 5th February 2014
Medicals: 5th February 2014
GRANT DATE: 4th June 2014

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