Same Sex 309 or 820?

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Same Sex 309 or 820?


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Old 02-18-2013, 02:15 AM
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Same Sex 309 or 820?

Ohhh it's so difficult to know how to go ahead with all this. We have been in a same sex relationship for 11 years (with plenty of proof, that's not a concern) and have a NZ civil union (for over a year), we are currently working in NZ - an Aussie and an American. We've been here for 3 years and now want to move to Oz.

Do we go to Australia and apply from there with an 820 - onshore application? We will be tourists for a bit (1 mth or so) as we want to travel and take a rest before settling down and finding new jobs. Or do I, the Aussie, go to Oz first, setup, find work, and then have my partner apply from NZ? It seems crazy to be apart while all this will be happening.

Onshore or offshore, which is the best way to go?

Thanks Susan.


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Old 02-18-2013, 02:22 AM
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Hi Susan -

Should not be a problem applying onshore with the subclass 820/801 application as a defacto couple. This way your partner gets a bridging visa which allows her to remain in Australia while the partner visa is being processed (typically 12-15 months now). The key would be that whatever visa she uses to enter Australia would need to not have condition 8503 (no further stay) attached.

Hope this helps -

Best,

Mark Northam

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