HELP! 309/100 - Lived together and then apart

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HELP! 309/100 - Lived together and then apart


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Old 05-26-2015, 05:57 AM
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Question HELP! 309/100 - Lived together and then apart

Hi all! First of all, what an amazing forum! Huge props to all the people here, you guys rock!

Ok, so after being in a relationship for over 6 years, with my now fiance, we are finally applying for my 309/100 visa!!

I'll give you a brief summary of our relationship; we met in Buenos Aires back in Jan '09 (I'm Argie, he is Irish w/Australian citizenship), and we moved together to NZ by the end of that year. Back then, I applied for a WHV to NZ since Aus did not have that stream open for us just yet.
Although we've living together in NZ since Dec '09, we were travelling quite a bit before settling down in Akl on late June '10 (thus, we can only start counting our 'living together' time, from this date).
Fast forward.. I decided to enroll for a BSc, and got approved and started on July '11. By the end of '11, we put my application for NZ PR through, on the basis of my relationship with him. Right after that, my fiance got laid off.. My NZ PR got approved on 2 months, by Feb '12.
After much deliberation, and seeing that it wasn't possible for him to find a job in NZ, he started to apply for jobs in Aus. He got an offer by early '12, and left to Sydney on May '12; by this time, we've been living together for ~ 1yr and 10 months.
Since I was 1yr into my degree, and was now holding NZ PR (therefore, I was getting student loans), we decided that I should stay and finish my career, and of course we would keep the relationship very much ongoing.
Ok.. from that moment on, we've been flying constantly back and forth. He's flown practically every weekend (over 30/35 times), and I've flown during all my uni breaks (mid-semester, winter break and 3 months in summer). I was practically living in NZ only during uni terms, in fact, I was pretty much in Sydney for half the year. Since he left, I've applied for 4 tourist visas, always declaring our relationship as the main reason for me visiting Aus.
Regarding the rest, we both know each other families very well; we flew to Ireland twice, his parents came over to Sydney, his brother, who's also an Aus citizen, lives in Melbourne and we see him often. We also flew to Arg a few times, and he got to meet my family very well. In fact, we got engaged last December, while in Ireland w/his family, and we are planning to get married next year in BA, and all his family/friends are coming. We have heaps of doc's and pics, savings, friends in common, etc.

So.. my main question is.. since we are not living together AT THE MOMENT, regardless of our history, what are the chances they'd decline our application? We are also planning to get the relationship registered in NSW.. but we know that because of the 28 day cooling period, we would probably have to submit this certificate after the application is through.. (we got tickets for Aus for mid June, and we want to rush and apply online while in NZ.. before July 1st when the fee rises to nearly 7k!)

Another question.. what's the estimated processing time? I don't mind staying in NZ until my visa comes through.. in fact, my graduation is by the end of this year.. so it's all good. Also.. what are the chances I could be granted PR straight forward, without having to wait for 2 yrs? I was unaware that's even an option! But an immigration officer at the border told me this.. one of the times when they stopped me!! (flying too often! ha).

Thanks a lot for any info!!!


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Old 05-26-2015, 08:03 AM
syd syd is offline
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Join Date: May 2014
Location: Australia
Posts: 524
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If you register the relationship then that eliminates the 12 month living together requirement. If you have solid proof (joint finances, bills,Wills, etc) that you have been defacto all those years then you should be just fine; especially since you got NZ PR based on a relationship with him.

You will need to explain the periods of separation in detail though,(it seems you will be apart after submitting app?) so you might want to use an agent to formulate that so that you get the best possible result. This seems important if you are hoping to be considered for 801 instead of 820.

I'm sure the seniors here will respond in short order

All the best

__________________
820 Submitted : May 2015
820 Granted : May 2016
801 Submitted : May 23, 2017
801 Granted : May 23, 2018
Citizenship submitted : June 22, 2019
Test date : September 23, 2019

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