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American in Oz

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Old 10-31-2011, 03:58 AM
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American in Oz

Afternoon all,

My girlfriend and I have been browsing this forum since I found it of all places in the app store and its been a tremendous help so far. We've read the stickys and someof the other unofficial posts, as well as others in similar situations. So here is our story:

We've been together since May 2010 and are now both currently in Australia; I'm on a W&H 462 and she's a citizen. We had originally intended to apply for a subclass 300 PMV, but had spent a significant amount of time apart when she and her family relocated to Oz and I remained in the States. We came to the agreement that I should come to Oz on a W&H 462 and be able to produce more official documents to support our relationship and then apply for our partner visa. Since I've started researching I've come to realise that the PMV 300 would be fiscally irresponsbile for us to obtain. I can't afford to go back to the States for an unknown amount of time :/ I started to read more about the 820/801 Visa and believe that will be our best option. We're considering using a migration agent, but they all want a consult fee before talking to them and I'd prefer not to hand out $100 at a time trying to find the right person to assist us. The more people I talk to about it however, tell me to do it myself. If you were in my shoes, which some of you may have been, how would you go about it?

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Old 10-31-2011, 05:16 AM
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If you meet the 820/801 requirements and have plenty of documents to prove you have been living together as defacto for 12 months and your current visa does not have a no further stay rule then you can do the application yourself. There are plenty of posts on this forum regarding documentation to supply and as long as you are thorough and have the required evidence it shouldn't be a problem doing it yourself.

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Old 10-31-2011, 05:22 AM
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I agree with whatnext in that you don't need an agent for a straight forward application.

If you do intend to apply for the partner visa as a de facto couple, the most important thing is that you don't apply until you've lived together for 12 consecutive months - you can even apply on the last day you your WH visa if you need to (many people do that).

Use the partner migration booklet as a guide, especially page 41 about the four different types of evidence you'll need:
(it's only a guide, for example for the financial aspect, you don't need a joint bank account, you just need to show how your share/divide funds, and how you support each other/spend money on each other, ect...)

If you are living in New South Wales, register your relationship at Births, Deaths and Marriages; not only will it waive the 12 month requirement but it's good evidence to have for a de facto couple.

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Old 10-31-2011, 05:43 AM
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Thanks guys for the quick replies. Here's where we have our dilema. She relocated from the States in September 2010 and we were apart, aside from a visit in Feb 2011 since. We're now both here and are working through the visa applications. Our concern is that we don't have 12 months worth of statements from an institution, but have been exclusive since May 2010. When we spoke to a migration agent in Feb when I came out to visit and they left us with the impression that our applications would be unsuccessful without 12 months worth of joint financial responsibilities. With that advice we decided that the W&H 462 would be the next step for us. Fast forward to today, I've been offered a position with an employer that financially will help us reach our goals, but they aren't willing to sponsor me; partially due to the job not being on the short list. They're willing to provide a decalration for my application, but acknowledge that I'm still bound by the W&H stipulations. We're still unmarried and we're planning on getting married soon, but we don't want to make any moves that would throw a wrench in our application. Thanks again!

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Old 10-31-2011, 06:54 AM
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Can't you start counting the 12 consecutive months from the beginning of your WHV? You just need to apply for the partner visa on the last day of your WHV.

All you need to do is show that you live together for the 12 months:
- if you have one you can use a joint lease
- if not you can use statutory declarations to explain that you live together
- you should include letters addressed to the same place

For financial aspects, you just get all your bank statements and show costs relating to your relationship (eg: plane tickets/hotels/outings/gifts/transfers between accounts), even things like visa costs can be used as evidence. You seem confused about the financial aspect, basically DIAC just wants to see that you are in a relationship and that you aren't just two random people faking.

Are you living in NSW?

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