Advice needed: Partner Visa but couldn't live together?

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Advice needed: Partner Visa but couldn't live together?


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Old 04-13-2015, 01:24 PM
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Advice needed: Partner Visa but couldn't live together?

Hello and thank you for reading this!

My partner, from the UK, and I, originally from Germany but now living in the UK, are preparing to emigrate to Australia.
He, an English teacher for secondary schools, is applying for a skilled visa (everything has been filled out and done, his medical and police check were sent already), so we are just waiting for everything to get back.

Now, the original plan was for me to get a Work and Travel visa and as soon as we can prove that we have lived together in Australia for 12 months that I can apply for a partner visa. I am not very keen on the Work and Travel, because I would only be able to work with one employer for max 6 months.
Then I read that for a Partner Visa it is not necessary to have lived together when having "exceptional circumstances for living apart". What means exceptional?
Our situation:
Just before we got together he got a new job in Eastbourne as a teacher and signed the contract, so he had to move there. At that time I was working and living in the outer skirts of London (now I have a new job just outside London), so we travelled every weekend to see each other. I was looking for jobs in Eastbourne, but couldn't find one (either I wasn't qualified - usually engineers - or they didn't pay enough to actually save money for Australia)
So I stayed up in London and he in Eastbourne. I am still looking for jobs there, but my job now is paying very well and much more for the jobs I could find in Eastbourne.
Also, he didn't want to quit his job there so soon after he started, because that would look quite bad on his CV and with knowing that he'll apply for jobs in OZ soon we just decided that it is best for him just to stay in Eastbourne.
We even looked into moving in together somewhere in between Eastbourne and London and then commute to work, but the county of Surrey unfortunately is one of the most expensive here in England

We have holidays together, the same friends (I live with his best mate), pictures and so on.
Do you think this counts as exceptional circumstance?

If not, is there an other way except me getting there on a Work and Holiday Visa first?

Thank you in advance and have an awesome day!!


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Old 04-13-2015, 10:35 PM
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For a de facto visa, you need to have started living together at least 12 months prior to your application, and then any time after that living apart can be for exceptional circumstances (e.g. studying abroad, working in another city, etc.). But you do need to have lived together. You can waive this by getting married, or else apply for a Prospective Marriage Visa instead (need to marry and apply for a partner visa within 9 months of the PMV being granted).

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Old 04-13-2015, 11:07 PM
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I always thought one'd need an aussie (or kiwi) partner to get a de facto or PMV.


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Old 04-14-2015, 12:44 AM
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Hi!

I'm pretty sure that if you both live in any state other than W.A, you can register to have your relationship recognized at the department of Birth, Death and Marriages for your said state. Once you have this, it waives the 12 months living together requirement.
You will obviously still have to provide them all the other evidence that your relationship is 'genuine and continuing' - See Partner migration booklet on immi website.

Hope this helps!


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Old 04-14-2015, 01:20 AM
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Working Holiday Visa is still the better option for you. At least you can be living together for significant amount of time and consider registering your relationship with BDM. It is also helpful for you to collect as much supporting evidence as possible.


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Old 04-14-2015, 01:30 AM
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Partner Visas, whether de facto or married, onshore or offshore, require the Sponsor to be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. See here http://www.immi.gov.au/Visas/Pages/801-820.aspx and here http://www.immi.gov.au/Visas/Pages/309-100.aspx, under both 'Features' and 'Requirements'. Is this the case for either of you?


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Old 04-14-2015, 01:38 AM
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If the OP's partner is going over on skilled migration as a secondary teacher, this occupation is on the SOL list, so chances are he will have PR. Although teachers arnt in demand so I wish they would take that occupation off the SOL list lol!

Assuming he will have PR, then I feel that coming over on a WHV would be your best way forward. What you have described is not exceptional circumstances. These generally include your partner being in the military and being stationed somewhere. Not wanting to quit your jobs is not an exceptional circumstance unfortunately.

You can go over, register your relationship as soon as you arrive (assuming your moving to a state that enables it), and at the end of the 6 months living together apply for a partner visa. This would give you a BVA that allows you to work without any conditions (you can work for an employer for longer than 6 months).

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Last edited by Engaus; 04-14-2015 at 02:10 AM.

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Old 04-14-2015, 02:23 AM
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I also recommend the working holiday VISA. It gives you a chance to live together for 12 months and build up your evidence.

If you live in a state in Australia that allows you to register your relationship then you waive the 12 month living together requirement. From memory NSW allows this. But that is only 1 part of it. You still need to provide evidence that you are in a genuine committed relationship - The Partner VISA booklet will explain the things you need to provide.

I know from our experience that VIC does not allow this. So avoid living in VIC if waiving the 12 month requirement is something important to you.

I wish you the best of luck!

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Last edited by Aventador; 04-14-2015 at 02:26 AM.

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Old 04-14-2015, 02:38 AM
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On another note, given the difficult situation in the local job market currently, I think you need not too worry about only be able to work for 6 months with one employer under a WHV.


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Old 04-14-2015, 03:37 AM
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I disagree. My partner and I met while they were in Australia on a working holiday VISA and they had no issue finding work in Melbourne. My partner has 2 friends that have recently arrived in Australia from Denmark also on working holiday VISAs, and they have had no issues getting work in NSW and QLD. On top of that I have personally just arrived home after living in Denmark with my partner for 12 months and had no issue finding work myself. Admittedly I am an Australian, but there you go!

Maybe Australians just love Danish people? Maybe having Princess Mary has some perks. Who knows.

Jokes aside, my partner and his 2 mates speak, write and read fluent English, like most Scandinavians. So perhaps that helped with obtaining a job? If the OP speaks/reads/writes English well enough I'm sure you will be fine.

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