Same sex defacto visa advice required

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Same sex defacto visa advice required

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  #1 (permalink)  
Old 10-24-2011, 03:35 PM
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Join Date: Oct 2011
Posts: 2
Users Flag! From uk

Same sex defacto visa advice required

Like many others have stated, it is genuinely helpful to stumble across this forum and see others in a similar predicament - those who genuinely love another but who have struggled to be together in the same country.

After a weekend of being on the 'phone, in tears, to my partner, we are both trying to get as much advice as possible.

I will try and be brief in order to explain our situation. We are a gay male couple, he is Australian and I am British we have now been in a genuine relationship (by our accounts) for the last 18 months, even in separate countries.

We met when he came over to Europe travelling and during a two week period we met up with each other every day, going for meals and enjoying each others company. This was in June of last year. We then continue a 'long-distance' relationship via Skype, email, 'phone calls and internet - many of you will have been there - different time zones, expensive 'phone bills and longing to be in the same place. I then went over to Australia for 2 weeks and spent last Christmas/New Year together.

In May of this year he them came over here for a 6 week period. In July of this year I then went to Australia and stayed with him for 3 months and now I am back in the UK.

Naturally, we are desperate to be in the same place, long term and although we very much want to be together, some times it is a struggle to discover how to make that happen.

As far as we are concerned we have been in a genuine relationship for 18 months, we have heaps of pictures, emails, phone bills etc. The two areas that I see that we fall down on are:

1) We have not been in the same physical location for 12 month continuous period of time.
2) We do not have any evidence to show that our finances are together - no joint bank account, no joint bills - although we can show how money does go between each others bank accounts as and when each other needs it.

I am just wondering if anyone has any advice, at all.

The only options that we see are to:

A) Fulfill the 12 month period of being together (either I go there no work and we have to support that financially some how or he comes to the UK for 12 months)
B) I have heard others say that we could *potentially* get past the 12 month issue by registering our partnership at the births, marriages and death office. However, my partner is from Victoria and, as far as I can see - the only way that we could do this is if we were both residents of Victoria, which I a not. I am really interested to hear whether anyone knows anything to the contrary with regards to this partnership registration in Victoria.

If anyone has any advice or knows of anywhere that I could go for advice I would gratefully appreciate it.

Thanks in advance!

  #2 (permalink)  
Old 10-24-2011, 10:25 PM
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Please update your flag here .

A little help!

Hi! I do feel for you since I kinda been in the same situation! My advice to you would be: Do not despair! This is a long, nerve-racking and arduous process! In regards to your options ,as you've pointed out, to me the most plausible one would be for your partner to move to UK for 12 months. In any case, I can send you a link of an organisation that provides free advice : Welcome to Immigration Advice & Rights Centre Inc.. Best wishes!

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Old 10-25-2011, 05:15 AM
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Join Date: Mar 2011
Posts: 88
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Hi there!!

Just a suggestion, have you considered a working holiday visa?? This would mean you could fulfil the 12 months requirement and work at the same time?? This is how I came to Australia (I'm British and my partner is a dual citizen) and we applied for our defacto visa on the last day of my WHV... As for registering your relationship in Victoria, we looked into that but as you say, they seem to want both to be residents in Victoria which is kind of annoying considering it is much easier in NSW... But yes, definitely look into the requirements for a WHV, I think you have to be under 30 to apply and it's quite easy to do!!

Hope this is of some help!!

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Old 10-25-2011, 05:59 AM
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Join Date: Feb 2011
Location: Melbourne
Posts: 1,145
Users Flag! From australia

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Hi there,

I agree with Tjw25 that if you are young enough a working holiday visa is the easiest way to go.

Unfortunately I have to say that the Victorian registry of Births, Deaths and Marriages are very strict and they simply will not register the relationship if one of the partners is on any sort of temporary visa. My partner was on a working holiday visa, had been in Melbourne for 6 months, and had evidence of planning to stay in Melbourne but they wouldn't do it.

If neither of you cannot get a working holiday visa, you might consider one of you using a 12 month tourist visa, if you can afford only one of you working.

If you are both desperate, and I know this sounds crazy (it would involve giving up a job and a house) perhaps your partner could find out how long he needs to have been living in NSW to register the relationship. Maybe he could rent an apartment there in order for you two to register, then leave again.

In regards to the finances, "joint" everything is not a requirement. You just need to show how your finances indicate that you are a couple. Money spent on visas, plane tickets, phone calls, presents, groceries, ect are all good evidence. For example if while living together one of you is on the lease and pays the bills while the other sometimes gives the other cash to help, this is still fine for the visa. In some cases one person doesn't work and the other pays for everything, they can still qualify for the visa because it's not about having joint accounts and paying things 50/50 - it's about showing how you are a couple.

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