12 month relationship requirement

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12 month relationship requirement


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  #1 (permalink)  
Old 02-03-2012, 01:10 PM
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12 month relationship requirement

Hi there, Im hoping to acquire some advice regarding the 12 month relationship requirement.

My partner and i are both students and thereby, cannot stay together for .
long periods of time. We spent 3 months at a time with each other on a tourist visa.Thus, back and forth we were able to be with each other for 12 months total. During our time together , he would stay with my family and me with his family when i am in Australia.

What im worried about is , if this is just considered 'time travelled together' and will be disregarded as not being 'living together on a permanent basis".

Also, my tourist visa is an ETA and does not have 'no further stay' on it. Am i able to stay in Australia on my tourist visa and then lodge a onshore partner visa application and spend the waiting period in the country?( asking this because i have seen a post about this being not a 'genuine ' tourism reason and that immgration will suspect something with all the paperwork and certificates that i am carrying with me to Australia)

P/s: the longest time that we have been apart is about 2-3 months


Thank you!!


Last edited by Suvianne; 02-03-2012 at 02:26 PM.

  #2 (permalink)  
Old 02-03-2012, 03:04 PM
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Quote:
Originally Posted by Suvianne View Post
Hi there, Im hoping to acquire some advice regarding the 12 month relationship requirement.

My partner and i are both students and thereby, cannot stay together for .
long periods of time. We spent 3 months at a time with each other on a tourist visa.Thus, back and forth we were able to be with each other for 12 months total. During our time together , he would stay with my family and me with his family when i am in Australia.

What im worried about is , if this is just considered 'time travelled together' and will be disregarded as not being 'living together on a permanent basis".

Also, my tourist visa is an ETA and does not have 'no further stay' on it. Am i able to stay in Australia on my tourist visa and then lodge a onshore partner visa application and spend the waiting period in the country?( asking this because i have seen a post about this being not a 'genuine ' tourism reason and that immgration will suspect something with all the paperwork and certificates that i am carrying with me to Australia)

P/s: the longest time that we have been apart is about 2-3 months


Thank you!!
Is your partner is Aus citizen?


  #3 (permalink)  
Old 02-03-2012, 11:32 PM
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Quote:
Originally Posted by Nithi View Post
Is your partner is Aus citizen?
Yes, he is


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  #4 (permalink)  
Old 02-06-2012, 03:26 AM
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i am in a similar position to you too. i am stuck as to what visa i should apply for to enable me to go to australia and be with my partner whilst applying for an onshore partner visa?! student visa seems very costly and tourist visa seems to come with risks... any advice would be greatly appreciated


  #5 (permalink)  
Old 02-07-2012, 01:39 AM
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Am curious to where you currently reside. Are you able to apply/get an ETA? Are you in one of Australia's low risk countries? I'm mostly concerned about the "time spent together" part of the Visa, as I've gone to Australia multiple times & he's came to Malaysia also multiple times within the past 12 months.

Anyone know if "time spent together" on a Tourist Visa/ETA counts towards the 12 months requirement?

Still waiting for someone to help me on this question, thanks!.


  #6 (permalink)  
Old 02-07-2012, 05:42 AM
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Hi Suvianne,

I wouldn't think travelling within a duration of 12 months is enough.

As for the no further stay indication on the ETA, I have friends who done that. But bear in mind that you won't be able to work until you get the TR and the risks.

Has either one of you considered WHV? That way you can stay together for 12 months and then apply for the onshore partner's visa.

Good luck with the application. And do keep us updated on your process. Cheers!


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Old 02-07-2012, 07:21 PM
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Quote:
Originally Posted by Suvianne View Post
Am curious to where you currently reside. Are you able to apply/get an ETA? Are you in one of Australia's low risk countries? I'm mostly concerned about the "time spent together" part of the Visa, as I've gone to Australia multiple times & he's came to Malaysia also multiple times within the past 12 months.

Anyone know if "time spent together" on a Tourist Visa/ETA counts towards the 12 months requirement?

Still waiting for someone to help me on this question, thanks!.
Im a New Zealand resident (UK Citizen), so from a low risk country. I have done the whole back and forth thing for the last 16months, although we managed to live together for around 8 months before my WHV ran out. That is why I am now left wanting to go back to OZ and apply onshore.. There is a visa waiver for the 12 month defacto requirement you can get if you register your relationship under your state with the BDM...this only applies to some states however..

This is an option my partner and I are looking into as we wont have been living together consecutively for the 12 months before applying as visas have not permitted us to. I am now looking into what the best visa is for me to apply for to enable me to go to oz and apply for the PV onshore!


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Old 02-08-2012, 09:58 PM
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Please update your flag here .

I'm not an expert, but I think it comes down to whether you can establish that your relationship is of the nature of a permanent committed relationship. Being apart some time is ok, especially if there is a good reason. Travelling is ok if you can establish you aren't merely Travelling together. I suspect you can try to come on a tourist visa and then apply for a bridging visa when you get here.

It would be worth it for you to get some professional advice I think.


  #9 (permalink)  
Old 02-09-2012, 02:26 AM
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Please update your flag here .

Quote:
Originally Posted by Suvianne View Post
Hi there, Im hoping to acquire some advice regarding the 12 month relationship requirement.

My partner and i are both students and thereby, cannot stay together for .
long periods of time. We spent 3 months at a time with each other on a tourist visa.Thus, back and forth we were able to be with each other for 12 months total. During our time together , he would stay with my family and me with his family when i am in Australia.

What im worried about is , if this is just considered 'time travelled together' and will be disregarded as not being 'living together on a permanent basis".

Also, my tourist visa is an ETA and does not have 'no further stay' on it. Am i able to stay in Australia on my tourist visa and then lodge a onshore partner visa application and spend the waiting period in the country?( asking this because i have seen a post about this being not a 'genuine ' tourism reason and that immgration will suspect something with all the paperwork and certificates that i am carrying with me to Australia)

P/s: the longest time that we have been apart is about 2-3 months


Thank you!!
From what I can remember anytime spent together can go towards the 12 months total and the time spent apart has to be due to an important reason, as in school or work commitments. My husband and I applied for the de facto visa onshore in March 2010 (before we were married) and I was living in Australia since August 2009 on a working holiday visa from the USA. It expired in Aug 2010 and they gave me a bridging visa to cover the time until I was granted the temporary visa (Dec 2010). I was even able to get on Medicare as of March 2010. We showed proof of being together/knowing one another for longer than 12 months and family photos from various events. We had no problem getting the visa or bridging visa (which was good as I was pregnant and due in Oct 2010). We are now in the process of getting the permanent visa granted.

When I called up they said they just needed to see proof of a loving and genuine relationship and the 12 months was a guideline. I think you would be okay applying for it while onshore but you can always set up an appointment with the office in major cities (we went through Sydney) to ask questions. Can you apply for a WHV at all instead of a tourist visa? You can enter the country as many times as you like and it's for a year and not terribly expensive. I was approved in less than 24 hours online.

Good luck with it all, they are changing their procedures all the time as we didn't receive a case officer until the week we were approved and most things were put online instead of in office.


  #10 (permalink)  
Old 02-09-2012, 03:00 AM
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Thank you everyone for the replies

Rachel1030 , I've checked the site for WHV Malaysian requirements. My qualification is only certificate level , having completed only professional makeup school. From what i see, it seems that they want university graduates which i am not , i have only completed a year of psychology in uni before i deferred it so that i am able to spend long periods of time with the boyfriend

I am 23 and he is 19 , and after going through this site , seems like 99% of the people here have a career , house and car . We both still live with our parents , was studying fulltime , and have known each other for 3 years , and had spent the whole of last year , living at each other's houses and meeting each others friends and relatives. Boyfriend's 3 month semester break is going to be up soon , and i will be returning to Australia with him as we cannot stand to be apart

So as for joint financial evidence , we are unable to come up with joint lease, and others. But, we do have a joint account and i transfer money regularly to that account and also to his mums account to help out with groceries .

We are not as financially established as most of the people on this site and this is one of our worries as it counts towards proof of joint financial ...


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