820 visa app - we both live in Sydney but not together

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820 visa app - we both live in Sydney but not together


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Old 06-14-2015, 02:50 PM
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820 visa app - we both live in Sydney but not together

Hi everyone,

I'm sorry for the repetition of details of yet another 820 application story but if anyone at all has heard of someone in a similar situation or knows anything about this I am so grateful for any help or insight at all. I know immigration lawyers are pricey and as I am trying to save money for the applications and all the other certificates and documentation that goes with it I would really love to get some valuable feedback on here as I've seen what a great resource it can be.

I'll try to be as brief as possible on the details but I am American and have been in Australia on a working holiday visa since Sept. 30 2014. I met my boyfriend who is Australian Oct. 10 2014 and we have been together ever since. I have been trying to get 457 visa sponsorship but since that hasn't worked and my visa will expire in just 3 months we have decided to look into applying for the 820 partnership visa.

I have stayed at his family's home for holidays and mine has visited Australia and met him and we have plenty of mutual friends who are citizens that could complete the 888 forms. We also have plenty of photos and evidence of trips together and plan to register our relationship in NSW to sidestep the 12 month relationship requirement. The main issue I think we would have is that we currently live just down the road from one another but in separate apartments and do not have any immediate plans to move in together although I'm sure we would within a year or so should I get to stay in the country. We also do not as of yet have any joint financial statements or bills etc. and aside from treating one another to dinners etc we are financially independent from one another.

My main questions is then if anyone knows if it's possible to have an 820 visa granted if you live in same city as your partner but do not actually live together yet. Is there any way to sidestep this by stating that you plan to live together in the near future once your current leases end etc. Same with the financials - is there a way to set up and prove enough joint financial documentation within 3 months so that we could file before my visa expires with adequate proof?

I know I am reaching here and this is likely not enough but I am desperate to stay but have a lease through september and moving in together would be very inconvenient at the moment. Also because I am currently unemployed and have far less money than him we've not bothered to join our finances as I currently get just enough temp work to cover my rent and he generally pays most for our outings together etc.


Last edited by lnewt; 06-14-2015 at 02:52 PM.

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Old 06-14-2015, 07:58 PM
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Hi and welcome to the forum

Reading your post I wish I had better news for you but as far as DIBP are concerned - you are "dating" not in a defacto relationship. I have seen one case of an offshore application where they were granted an 820 without living together however this was before DIBP changed the rules to state that you must co-habitate to be considered defacto...

Even with registration I think you are going to struggle with absolutely no history of cohabitation or combination of financial affairs.

Joint accounts aren't neccessary - my (now husband) and I had our visa approved without one but out individual statements were full of purchases made as a couple

I would maybe explore gathering what evidence you do have and consulting a MARA registered agent to see if there is any change of lodging a successful application. However based on my own experience and what I have seen on my time on this forum, I would say the odds aren't in your favour. I would not risk lodging an uncertain application as the $7000 application fee is not returned if your visa is denied

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Old 06-14-2015, 08:08 PM
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Thanks Valentine,

After looking into it a bit more I can tell that you're absolutely right. I guess best option is to keep trying for a 457 or do a student visa as a last resort and start gathering more evidence and make a plan to move in together sooner. Thanks for the response! Of course not what you wanna hear (nothing on here is- I had no idea it can take 15 months for approval until reading more on here. So many roadblocks etc.) but I appreciate the insight


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Old 06-14-2015, 08:56 PM
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Sadly the days of going to your local DIBP office,having an interview and being given the visa on the spot are long gone!! I was lucky in that it took only 6 months for my grant - but yes processing times can be that long even for a low risk country like USA....the irony is that after waiting 15 months for your visa,you would likely have everything they want to see evidence wise but the requirements for the visa are at time of lodgement.

Good luck with the sponsorship searching. Student visas can be pricey but that's how I was able to remain here in Australia with my partner until we had everything needed for our application

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Old 06-14-2015, 09:23 PM
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Quote:
My main questions is then if anyone knows if it's possible to have an 820 visa granted if you live in same city as your partner but do not actually live together yet
Almost certainly not. Have you taken professional advice about developing a visa strategy?

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Old 06-15-2015, 02:20 AM
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Quote:
Originally Posted by lnewt View Post
Thanks Valentine,

After looking into it a bit more I can tell that you're absolutely right. I guess best option is to keep trying for a 457 or do a student visa as a last resort and start gathering more evidence and make a plan to move in together sooner.
A sc. 457 might be the better option.

With a student visa there is always the dilemma that if you declare your relationship, you may not be considered to be a genuine temporary entrant and if you don't declare it, you can't later claim that you were in a relationship at that time.

As Wesley and others suggested, get a professional to clearly explain the various options and requirements, so you will be able to make an informed decision on the best way forward.

wrussell likes this.

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