Partner Visa Vent

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Partner Visa Vent


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Old 09-05-2012, 02:59 AM
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Partner Visa Vent

Just need a place to share what is going on, and figured people here would understand my frustration, and could offer tips if there are any to be offered.

I am an american who met my Aussie partner online in Oct 2010. After 15 months I arrived in Perth on a WHV so we could be together. We have a fantastic relationship. I arrived on Jan 28, 2012, so we planned on submitting our Partner Visa application on January 28, 2013. Last night I discovered that Jan 28 is a public holiday, due to Australia Day falling on a Saturday, so Monday is the public holiday and the office will be closed. I don't want to do anything that may jeopardize my ability to stay with my partner. I can't imagine being away from him for any amount of time. We went through every possible scenario. We don't want to submit it early in case it is rejected for being less than 12 months. I won't submit it later since my current visa would be expired and I won't take that risk. We can't register our relationship since WA doesn't allow it. I don't even want to risk leaving to return on a visitor visa, as a friend of ours tried this and was sent home to apply off shore, as they saw her misuse of the tourist visa. due to sever allergies, unfortunately the kind of work that would extend my WHV is just not possible for me.

All I can think for us to do is get married. We love each other and would get married eventually. We both have strong feelings about marriage. I have strong feelings about gay marriage and didn't want to marry until everyone in america could marry. I'm not upset about marrying him, but I'm sad that it has become a necessity because of ONE day. I'm sad that we have to rush our wedding day and that it won't be what we always dreamed. I'm sad that due to rushing my family will have to attend via Skype.

If anyone can think of ANY other avenues that would keep us together without forcing our wedding day, I would much appreciate it.

Thanks for listening to a sad girl's whinging!


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Old 09-05-2012, 03:09 AM
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Australia does not recognise gay marriages. It will not help you regarding the partner visa requirements. You are still required to apply through the de-facto partner stream and meet the de-facto partner requirements.

You DO have other options. You are not required to leave Australia or get married.
I think you can apply for a briding visa, with the reason of preparing a valid onshore appplication that will be made in the next few days. After which, you can make your partner application.

IOk, just checked. You can make an application for a bridging visa subclass 040 (D). You can apply for it anytime before your visa expires.
The visa will give you an additional 3 days to make the partner application, after you current WH visa expires.

OR, if you have completed 3 month work in a regional area, you may be able to apply for another WHV, before your current visa expires.

My advice, go to immigration, soon as possible, ask them about the briding visa D 040, and get your application ready. It should be lodged within 3 days of receiving the bridging visa. The bridging visa will start, once your WHV expires.

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Last edited by Ausstart National; 09-05-2012 at 03:19 AM.

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Old 09-05-2012, 04:25 AM
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I wasn't saying that we are a gay couple. I'm a female. I was just explaining why We didn't want to get married so soon. My brother is gay, and I've always told him I would wait until he could marry his partner before I married mine. He obviously understands that we have to do what we have to do to be together, it just isn't the way I want it.

Thank you so much for your advisement on the bridging visa. I will definitely look into it. Much appreciated.


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Old 09-05-2012, 05:17 AM
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I just spoke with Immi and was told that Bridging Visa D isn't for my situation. I saw after searching it online that they only grant a few hundred per year, and the man on the phone told me it was for compassionate circumstances, which I guess my case isn't. I even called back and spoke to someone else just to be sure, and got the same answers. Major bummer.

It is already frustrating having to defend our relationship to immigration, and now they have likely dictated when I'll have to get married as well.

Thank you for your time of looking into that for me!


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Old 09-05-2012, 09:43 AM
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Just how bad are your allergies? (no offense intended) have u looked into ALL of the different jobs you could do? For example, there is a company down here (in the southwest) called portavin (or it was last time i worked for them haha) that bottles wine. That so of job i believe might still fit the requirements for 2nd WHV without being out in the vines.
Vineyard work def counts, and if u do it in the right season there shouldnt be a lot of pollens.

Have you looked into getting a 3 month extension?

Also My partner left oz after his second continuous WHV and applied for a tourist visa about 3 weeks later and it was granted immediately for 12 months of multiple entry. ( so there is hope!!!) he just said that he was working the first time and now he wanted to travel.


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Old 09-05-2012, 09:54 AM
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Also have you come across the australian immigration blog by grant williams? He might be able to tell you if youll be ok to lodge on the next business day (ie jan 29)


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Old 09-06-2012, 01:51 PM
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Do not apply for a bridging visa or become unlawful. If you are unlawful or hold a bridging visa when you apply for the partner visa, you are subject to 'schedule 3', which can only be waived in compelling circumstances - usually that you have been married or de facto for at least two years, or have a child of the relationship. You need to be on a substantive visa (ie not a bridging visa) when you lodge, or life will become a lot more complicated. I would lodge on the Friday, and put a note as to why you can't lodge on 28th. Any reasonable case officer will take this into account. Make sure you include evidence dating back to as soon as possible after your arrival, and correspondence from before you met. Also, did you put your partner's address on your incoming passenger card when you arrived? If so, put in a note stating this..the case officer can access your passenger card to verify - this counts as evidence. If your partner visa application were to be refused (unlikely), you have review rights. You lodge a review with the mrt within 28 days of the refusal, and you get a bridging visa ( on which you can work). Review costs $1400, and you get this back if the mrt finds in your favor. Mrt looks at things very differently, and takes into account what the situation is when they come to review the decision (which would presumably be that you have been in a de facto relationship for well beyond a year by then). It would be very unusual for mrt not to find in your favor. This is a worst case scenario, there is a very good chance your partner app would be approved. Another option, if you wanted, would be to go home for a holiday and come back on an electronic travel authority after 28 jan, then lodge partner app before eta expires. Just don't become unlawful or apply for any bridging visas, as you will have to jump through big hoops to get your partner visa then.


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Old 09-06-2012, 02:41 PM
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as an American i'm sorry to say that your WHV is limited to 1 year. period. there is no option of extending it.

have you contacted Immi to ask if applying a couple days sooner would be detrimental to your application? normal i (and i'm sure Immi) would very much advise against it, but explain the situation and see what they say.

actually, here's a crazy idea. ask Immi on what day your application would be considered to be submitted if you sent it by mail. if it's the day that Immi receives it, follow up your question asking if you have to be in the country when your bridging visa is granted. i'm thinking that IF the application date is when Immi receives it and IF you don't have to be in the country when your bridging visa is granted, you could put the application in the mail on the friday before (Jan 25), leave the country with your partner on a (short?) holiday (for example, to NZ to save $$$), then Immi will get it on the following Tues/Wednes, will grant you a bridging visa and then as long as you reenter the country some time after that all's well!

crazy, huh?

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Old 09-06-2012, 02:55 PM
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Hi
The day it is received at the office, and date stamped, is the day of lodgement. You have to be absolutely sure it arrives at the office before your visa expires. If it arrives on tues 29th, you will be unlawful and face all the issues I mentioned in my previous post. If your visa expires on a weekend or a public holiday Monday, the office must receive your application on the last working day before your visa expires.
You must be in the country when your application is received, or it is invalid and will not be lodged.


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Old 09-06-2012, 04:20 PM
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Brownie,

Thanks for your advice. Just out of curiosity, what is 'schedule 3'?


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