Victoria relationship registration

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  • 1 Post By rofnac25
  • 1 Post By deb33

Victoria relationship registration


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Old 02-19-2013, 11:57 PM
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Victoria relationship registration

Hello!!

I arrived in Melbourne on the 12th of september, 2012 on an ETA.
Will be leaving to my country for 2 months in March, 2013. I will be back in May, 2013 on a student visa.

My plan is to try to register my relationship in Victoria in September this year. I will be living here for 12 months (I have bank statements and lease agreement!). I'm just worried they will not do it cause they can't consider the time I lived here on a tourist visa!

Does anyone have the same experience and could give a help?

Cheers


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Old 02-20-2013, 02:50 AM
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The Victorian BDM don't look at what visa you are on.

When you register as long as you have 12 months worth of proof that you have been in Victoria for the previous 12 months you will be fine.

The 2 month gap you might have problems with, but if you keep your rental lease up over those 2 months you should be OK. They accept Phone Bills, Utilities & Bank Statements as proof, so if you could keep those documents going and active for the 2 months youre away they wont know any different. (just make sure they are being sent to a VIC address)

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Old 02-20-2013, 03:13 AM
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Hey rofnac25!

Thank you for your reply! I'm worried cause I read here at the forum that a few people on a tourist visa couldn't register the relationship in Victoria cause they assume you're not permitted to live in the country - you're just on holidays! I will be a student but I have a previous tourist visa for 6 months!

Have you register your relationship? I got here in late Sep and I want to apply in late October.. so it will be 13 months! But I'm traveling for 2 months and already spent 10 days in NZ! So I believe it's risky to apply for the visa on those circumstances!! That's why I wish to register my relationship, to be safe

I have a joint lease agreement till dec 2013 and a bank account! I paid the bond in my name too!


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Old 02-20-2013, 05:53 AM
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Yes, the 12 months residing in VIC is definitely a huge thing they go by (as in: without it you are usually not eligible).

However, to be the devil's advocate here - as someone who has a registered relationship in Victoria and has been through the process - the rules are pretty... "open to interpretation". The website lists the following requirements to apply to register a domestic relationship:
Quote:
You and your partner can register a domestic relationship if:
  • you are both 18 years of age or older and are in a registrable relationship
  • you can both prove that you are ordinarily resident in Victoria, and
  • neither of you is:
    1. married; or
    2. in a relationship that is already registered; or
    3. in another relationship that could be registered in Victoria.
Source: Register a relationship - Births, Deaths & Marriages Victoria

In the light of this the rules are being interpreted: you have to prove you ordinarily reside in Victoria - even though they don't define this as being "having lived in Victoria for 12 months", that is how they measure having resided ordinarily in Victoria.

If you have a No Further Stay condition on your ETA this may become a problem, for one. They told us: "we don't just want to see you have been living here, it also has to show you are planning to continue to live here, we need to see your life is now in Victoria."

So just keep that in mind as well. Prepare for that and gather what you can by then to prove you intend to stay in Victoria. Just in case they suddenly apply the same rules to you, which they might not, but you can never be too sure.

Also they definitely did look at my visa, they specifically requested proof I have the right to be in Australia. They might not have checked it for the type of visa, but they definitely had a look at it at least. So they will not just want to see 12 months of lease and mail, they will also want to see you are legally here and will thereby directly see your visa.

They might not even look twice at your application and just grant it, from what I have gathered the rules seem to be a little fluid here and there and not everyone is faced with the same feedback. I'm sure they have their reasons for that, depending on the whole picture, but just to be sure, keep the above in mind.

__________________
From: The Netherlands
Visa Sub: 820 Partner Temp Onshore (De Facto)
Applied: 23 January 2013 (front loaded)
Application: Paper
Agent: No

Case Officer Assigned: 23 December 2013
Request for More Information: 19 May 2014
Requested Information: Australian Federal Police Check
Supplied on: 26 May 2014
Visa Granted: 4 June 2014


Permanent Stage Application: 22 January 2015
PERMANENT PARTNER (801) GRANTED ON 18 MAY 2015 - WE DID IT!

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Old 02-20-2013, 09:02 PM
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Hey Nelly!!

Thank you so much for your reply!! I really wanted someone who had the experience to share even though it seems every case its different!

My tourist visa do not have NO FURTHER STAY condition, that's why I'm applying for a student visa. Hopefully my student isn't going to have either... I hope the visa thing for registering it won't be a problem for me since I plan to register in september this year and my visa will expire in march or april 2014!

Oh well... I will have to gather everything I have and try my luck
Still a long time till September...
Will keep reading a lot to do a successful application!

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