Living and Working in Australia Forum With Immigration and Travel Information

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-   -   Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801) (https://www.australiaforum.com/visas-immigration/18276-partner-visa-onshore-temporary-permanent-subclasses-820-801-a.html)

alikaup 01-24-2013 04:01 AM

Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801)
 
Hi All,

I'm just bit confused and will be seeking an answer or experience thorugh this forum.

I'm currently on 457 visa wich will run out January 2015 so i still have 2 years to go. Me and my now wife met in February 2011 and started living together May 2011 (signed the joint rental agreement for our current house we living in), we got married in September 2012 and prior that our daughter was born in April 2012. My wife is stay home mum and hasn't worked since September 2011. We receive a centerlink family tax benefit payments (i'm not sure if this is correct term as my wife has been dealing with them). Also my wife has a son from previous marriage who is living with us (obviously she is divorced and was divorced before i met her). I'm covering all the household costs (rent, food, car loan payments, utility bills etc). Enough of the background i guess and let's get to the point about my confusion :D.

I know i have to apply for both, temporary and permanent visa at the same time and have to wait 2 years if the temporary visa has been approved. Now, the immigration website states that: you may be granted a permanent visa without having to wait if you can demonstrate one of the following, which in my case would be - •at the time you apply, you have been in a married or de facto relationship with your partner for two years or more, and there is a dependent child of your relationship

So the quesiton is, can de facto and being married be counted within the 2 years period? e.g we don't have to be married 2 years, because our relationship status changed from de facto to married!

If it still sounds confusing, please let me know and i'll try to explain as english is not my first lanugage :)

Laegil 01-24-2013 05:57 AM

Hi,

it sounds like you should get the permanent visa straight away. The requirements are
a) having a child (yes)
b) having been together for at least two years (you say since 2010, so yes)

You fulfill them. It doesn't matter if you have been in a de facto and then in a married relationship within these two years, the Migration Booklet 1 simply says:

"In most cases, permanent residence cannot be granted less than 2 years from when you lodge your application. You may, however, be granted a permanent visa without having to fulfil the usual two-year waiting period if:
at the time you apply, you have been in a partner relationship with your partner for
3 years or more, or 2 years or more if you and your partner have a dependent child of your relationship; "

So there you go, 2 years less waiting ;)

alikaup 01-24-2013 06:12 AM

Thanks Laegil,

Seems like that's the case with me :). I believe that having a joint lease agreement will be sufficient enough to show that we did start our de facto relationship as we didn't register our relationship with the state we are living?!

Laegil 01-24-2013 08:09 AM

Don't worry, registering your relationship is not a requirement, the lease agreement will be sufficient. Plus, you do have a child together :D

alikaup 04-29-2014 05:50 AM

Hi all again,

As you can see i posted the original post over a year ago, but haven't had a chance of getting my partner visa sorted (also i had to edit the original post as me and my now wife met 2011 instead of 2010 as originally quoted). I want this thread to be kind of my journey to my visa and hopefully it will help other users with similar situation.

So by now i'm in the situation that i have to apply for a visa pretty soon because my 457 will run out in Jan 2015. I've been reading over here an saw that i can now submit my application online (that's a bonus i guess). I have to start getting my evidence together and will be updating here as i go (need to double check the requirements again as they might have been changed). I'm loooking of submitting my application around July-August this year so i really have only few months left. Question i have is about the medical, should i get it done in advance or wait until i have applied and CO will ask for it?

CollegeGirl 04-29-2014 08:02 AM

It's your choice, really. Some people say you have a chance of getting your visa processed more quickly if you get it done in advance. But if you choose to do that and they do take longer than 12 months to process your visa (current average is 13ish months) they might request that you get it done again. It's a gamble.

EestiAus 05-28-2014 05:37 PM

So how did you go? Have you applied yet? Goodluck anyhow

alikaup 06-03-2014 04:34 AM

Quote:

Originally Posted by EestiAus (Post 465874)
So how did you go? Have you applied yet? Goodluck anyhow

Work in progress, should be ready with all my paperwork within next few weeks.

alikaup 06-03-2014 04:40 AM

After checking the requirements for sponsor i have 3 questions and hopefully someone can answer them :). First of all, my partners passport is expired, will certfied birth certificate do as evidence that she's Australian citizen (or they need passport on top of that?) Also, what evidence people have provided regards that the sponsor usually resides in Autralia? 3rd question is bit tricky as my partner is stay home mum for last 3 years, so she won't be able to show her employment for last 2 years, i assume statement from her about the case will be needed? She gets some centerlink family tax benefit payments, so might include them as a evidence?! THank you in advance

alikaup 06-27-2014 02:55 AM

Update - i did submit my applicaton on the 24th of June 2014, over a few days have been submitting the sponsor application and all the evidence. Still have some to upload, but the main part has been done. Hopefully i'll qualify straight to PR and the decision won't take too long to come :)


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