Partner Visa...is he allowed to travel??

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Partner Visa...is he allowed to travel??


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  #1 (permalink)  
Old 11-04-2011, 12:21 PM
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Partner Visa...a complicated one!!

Hello Everyone! Im new to this site and let me just say that its just a fantastic forum, full of information and so useful!!

My situation is quite confusing. I am Australian and i have been in a relationship with my italian partner for 7 years now. In these 7 years i have been travelling back and forth from Australia to Italy because our intentions were to live permanently in Italy. The reason i was travelling back and forth is because it was virtually impossible for me to find work (first couple of years my partner didnt have a stable job and in the last years where he has been working i couldnt find a job) so i would go back to Australia where my parents have a business, work there for 6 months and then come back to Italy to try again. At the moment im in Italy and have been for 4 months living together but we have decided we want to apply for Partner Visa and move to Australia. Italy is such a beautiful country but unfortunately there is just no hope of succeeding anymore.

Over the years when i was in Italy we always lived together (when we were in the south he would stay at my house where my mother was born and when we were in the north we would lease a flat under his name) but then when i would go to Australia we would skype, email, sms etc. He has only been to Australia once for 2 months.

My question is would we have a problem because of our long distance/defacto relationship? Also im not sure whether to apply for the visa now or wait because my partner has a work contract that expires in july. Our intentions are to go to Australia in July if everything goes well. If his visa is approved and we go to Australia in July is he allowed to travel back to Italy if necessary? Im just scared that he might have to finalise certain things later on in the year.

Thankyou in advance for you help!!


Last edited by missngel; 11-05-2011 at 10:06 AM.

  #2 (permalink)  
Old 11-06-2011, 01:16 AM
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There shouldnt be a problem because you have been together for much longer then usual 2+ years, this is looked at very favourably by COs. As long as you have enough proof showing you have been tog ether as a couple for these 7 years should be all good.
Cards, Pictures with date stamps, emails, tickets of visiting each other (very good proof even to italy), confirmation (affidavits) from your relatives, joint leases/bank accounts etc. Get as much of above as possible


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Old 11-06-2011, 01:46 AM
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I'm sorry but I have to disagree with the previous poster... The problem you have is that to qualify for the Partner visa, you have to have been in a defacto relationship (i.e. to have been living together) for 12 months - this can not be cumulative. So despite the fact you have been in a relationship for 7 years, technically it has not been a defacto relationship as defined by the DIAC.

To be honest my suggestion to you would be to get some advice from either the DIAC or an immigration agent.

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  #4 (permalink)  
Old 11-06-2011, 01:58 AM
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Have to agree with Missmullen.

Out of the Immigration booklet -

De facto partners (not married but in a de facto relationship)
To apply for a Partner visa as a de facto partner, you and your partner must show that
you have been in a de facto relationship for the entire 12 months immediately prior to
lodging your application. For details see page 19.


pg 19 -

About the 12-month relationship requirement
To be eligible for a Partner visa on the basis of a de facto relationship at the time you
apply, you and your partner must be aged 18 years or over and:

• have been in the relationship for at least the entire 12 months before the date you
lodged your Partner visa application; or

• meet one of the provisions set out below.
Note: Periods of ‘dating’ would not generally be considered to count towards the
12-month relationship requirement.
For detailed information on eligibility requirements for a Partner visa on the ground of
being in a de facto relationship, see page 36.
Waiver of the 12-month relationship requirement

The 12-month relationship requirement at time of application lodgement does not apply
if:

• you can establish that there are compelling and compassionate circumstances for the
grant of the visa, such as you have children with your partner or cohabitation was not
permissible under the law of the country where you resided for the 12 months before
you applied;

• your partner is, or was, the holder of a permanent humanitarian visa, and before
that permanent humanitarian visa was granted, you were in a relationship with your
partner that satisfies the requirements of a de facto relationship according to the
Migration Regulations, and the department was informed of this before the permanent
humanitarian visa was granted; or

• at the time of application for the visa the de facto relationship was registered
under a law of a state or territory prescribed in the Acts Interpretation (Registered
Relationship) Regulations 2008 as a kind of relationship prescribed in those
regulations.


Suggest that you either apply for a prospective amrriage visa or get married, then apply.


Last edited by Turboadam; 11-06-2011 at 02:05 AM.

  #5 (permalink)  
Old 11-06-2011, 03:03 AM
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I agree with Turboadam and missmullen. The 12 months isn't something you can get around even with a relationship that has lasted for so long. If you live in NSW you should consider registering the relationship at Births, Deaths and Marriages, thus waiving the 12 month requirement. Just to make it clearer, married and de facto couples apply for the same 'partner' visa, though de facto couples have this extra 12 month requirement, married couples do not. If your partner is younger than 30, they can come here on a working holiday visa which would give you the 12 months co-habitation needed. If not, you might need to spend 12 months in Italy.

If al that fails, there is the prospective marriage visa if that is in your near future plans. Otherwise you can get married and apply as a married couple.


Last edited by SarahM; 11-06-2011 at 03:22 AM.

  #6 (permalink)  
Old 11-07-2011, 04:19 PM
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Thankyou so much for all your help!!
Well i am definately going to stay here till August which will give me 1 year and 1 month that we have been living together. Only other problem i have is that when we were living in the south from july to september in my mums house we obviously werent paying rent but i do have some bills under my name but nothing under his name. The only things we have from that period are texts msgs, calls, wedding invite etc.
Now that we are in the north we are going to change the lease contract under both our names, bills and we are going to open a joint bank account. Will i have problems from July till now proving that we lived together?
Also come August should we apply from here in Italy or can we both go to Australia (him on a tourist visa) and apply from there?
Also i will not be working until we get to Australia so i wont have proof of any income apart from his.
Unfortunately my partner is 34 so he doesnt qualify for a WHV, which is such a pain because it would make our lives so much easier!!
Thankyou all again for your help!!


  #7 (permalink)  
Old 11-08-2011, 01:58 AM
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Quote:
Originally Posted by missngel View Post
Thankyou so much for all your help!!
Well i am definately going to stay here till August which will give me 1 year and 1 month that we have been living together. Only other problem i have is that when we were living in the south from july to september in my mums house we obviously werent paying rent but i do have some bills under my name but nothing under his name. The only things we have from that period are texts msgs, calls, wedding invite etc.
No, heaps of use shared accomodation with parents/family, ect. Use whatever evidence you have and explain the situation with statutory declarations from you and your mum - this time will be counted. If you can, try and find letters that were addressed to you at this address, or receipts for things you did/bought in this area while you were there.

He could come to Aus on a tourist visa and apply onshore provided the visa does not have a "no further stay" condition on it. You also have to remember that he won't be able to work and when the Bridging visa is granted would have to apply to have the working conditions removed if he wanted to work before being granted the partner visa. The partner visa is less expensive if you apply offshore ($2,000) whereas it's $3,000 onshore.


  #8 (permalink)  
Old 11-08-2011, 08:24 AM
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Thankyou again for your help, I would love to just apply at the end of July ( which would give us exactly one year) while i am still in Italy so that we can get it over and done with and also pay less but im scared of the process taking too long which means we will both have to wait in Italy (at this stage both out of work) or worse me having to go to Australia by myself to at least start working (i dont really want to risk applying offshore then the visa gets cancelled because he is in Australia with me).
Can i ask for what reason would someone recieve a tourist visa with a "no further stay" condition? If we were to apply onshore how do we apply to get the working conditions removed?


  #9 (permalink)  
Old 11-08-2011, 10:33 AM
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Quote:
Originally Posted by missngel View Post
Thankyou again for your help, I would love to just apply at the end of July ( which would give us exactly one year) while i am still in Italy so that we can get it over and done with and also pay less but im scared of the process taking too long which means we will both have to wait in Italy (at this stage both out of work) or worse me having to go to Australia by myself to at least start working (i dont really want to risk applying offshore then the visa gets cancelled because he is in Australia with me).
Can i ask for what reason would someone recieve a tourist visa with a "no further stay" condition? If we were to apply onshore how do we apply to get the working conditions removed?
Whatever you do, if he applies offshore he must be offshore when the visa is granted and visa versa for onshore.
The 'no further stay' condition is probably applied based on a number of factors: if the applicant's country is low/high risk (Italy is low), previous visits to Australia (and how recent they were), the length of previous stays, the proposed length of the stay, ect... There's no way to be 100% sure but most people from low risk seem to get the visa without the condition, I'm just warning you in case it does happen. If you do get it, the tourist visa is not very expensive, so you could just change plans and apply offshore if you see it's there in the email grant, no harm done.

The tourist visa conditions would have to be abided by until it's expiry, and when it expires a Bridging visa comes into effect while he waits for a decision on the partner visa - it's then that you'll be able to submit a form requesting to remove the work conditions, though it says you need compelling reasons lots of people have got it done here easily, just by explaining that both members of the couple need to work to support each other.
http://www.immi.gov.au/allforms/pdf/1005.pdf


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