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What visa should we choose?

4K views 17 replies 3 participants last post by  koll 
#1 ·
Hello,
I am a polish citizen, my boyfriend is Australian. We are together since August 2011, most of the time in long distance relationship.

Here is the story:

My bf is in UK on working holidays visa that ends in mid may 2013. I'm living in Warsaw, Poland most of the year as I'm a full time student. We met in London when i was there for 4 holiday months working as an au pair. We got together but in october 2011 I had to go back to Poland to pursue my studies. We stayed together, visiting each other once a month (for few days up to a week) on average. We stay in touch daily, calling each other or skyping. I finished the term at school by the end of may 2012 and moved to London for 4 months as an au pair again.

We did not live together, but seeing each other few times a week, plus I was spending all weekends with him. We also went on week holidays together. In October 2012 i had to go back again. We continue to visit each other every month, this time for even longer periods of time. My bf spent almost a month with me in Poland (Along with his few Australian friends) around Christmas time. We went on skiing holidays together, spent Christmas together with my family and NYE. After he came back to uk, we seen each other every month for over one week each time.

We are very commited to each other and want spend our lives together. We are thinking about getting a visa for me to go to Australia with him when his visa expires.

At first we wanted to apply for de facto visa, but after getting advice form migration lawyers we were told that because we did not live together or dont have joint finances we wont be eligible to get it.

They adviced us to either get fiancee visa, or go to Australia on tourist visa, register a relationship (my Bf is from NSW) and then apply for de facto visa.

We didn't plan to get married just yet, so we looked at second option (but we are open to get PMV as well if needed). We know that the problem might be clause 8503 in this case.

To be honest we just feel bit tangled up in all this!
We want to stay together and avoid another months of hearbreaking living so far away from each other.

The biggest fear is if we apply for PMV we will end up waiting so far from each other for months.

On the other hand, if I go to Australia as a tourist then i wont be able to work (and I can't imagine not working and be useless for such a long time!) This option seems to be so complicated and I want it to be as straight forward as possible and not take advantage of Australian country.

Sorry for a long long long story, but i think the full picture of situation is necessary :)

If you have any thoughts of advice I will be very grateful.

thank you!
 
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#2 ·
Hi Koll -

I think you've got the options pretty well figured out. The PMV might be the better choice, as you may be able to get a visitor visa for Australia for 3 (maybe 6) months of the processing time. There is the chance that this might not happen, but as you pointed out there's also a greater chance of an 8503 on your visitor visa if done prior to lodging the PMV, and it would be difficult if not impossible to get the 8503 waived unless there was a major change in your circumstances that was beyond your control and occurred after the visitor visa was granted.

Hope this helps -

Best,

Mark Northam
 
#3 ·
Thank you so much for your reply. :)
The only thing I dont understand is something I read on immi site:
You must be outside Australia when you apply for this visa, and when the visa is granted.
So I dont understand how can I get visitor visa, I thought I should wait until PMV is granted? :eek:

Thank you!
K
 
#5 ·
Hi Koll -

You can apply for a visitor visa after you lodge your PMV. It will be of a shorter duration (usually 3 months) than the expected processing time for your PMV, so as to have you back in your home country when the PMV is expected to be decided.

Best,

Mark Northam
That's great I can apply for visitor visa when waiting for PMV! I thought its not possible!

But I have another question. You said 'back to your home country' - does it mean i have to be in Poland when my PM visa is granted? Or is it I have to be outside Australia in general - for example New Zealand or other 'closer' country?

I'd rather avoid expensive travelling back to Poland just to be back bit later. Is it possible?

And what if my PMV is granted when I will be in Australia on visitors visa? I guess I would have to leave Australia and enter Australia again?

Thank so much!
 
#6 ·
Hi Koll -

Legally you have to be "outside Australia" when the visa is granted - DIAC often assumes you'll be in your home country, but you are not required to be there, just required not to be in Australia - you could go to New Zealand or any other closer locale.

If your PMV is granted when you are in Australia, it can be a major problem. That's why it's critical that you keep in touch with DIAC and make sure they have your current contact info (email, address) and they know where you are, so they can get in touch in case the PMV is set to be granted and you're still in Australia. It's also why visitor visas during PMV processing, if granted, are usually granted for only 3 months.

Best,

Mark Northam
 
#7 ·
Have you looked into student visas or skilled employment? Check out the new skills list - you might match up.

If you go student visa - then you guys could work on the living together requirement, then apply onshore for a de facto visa. If you can come in under the skills visa then you are in under your own steam and no invasive interview questions about your relationship!

I am not a migration agent... These are just some ideas I tossed out...
 
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#8 ·
Thank you Mark once again, you are a great help! :)

Have you looked into student visas or skilled employment? Check out the new skills list - you might match up.

If you go student visa - then you guys could work on the living together requirement, then apply onshore for a de facto visa. If you can come in under the skills visa then you are in under your own steam and no invasive interview questions about your relationship!

I am not a migration agent... These are just some ideas I tossed out...
Yes, I looked at it as well, but I'm afraid i dont qualify for skilled employment type of visa. I'm still a student, art student, I'm just taking a year or more off so I can be with my partner. I don't have a degree yet.

About student visa - unfortunately, the costs of it is just too much for me at the moment. I'd like to study in Australia, but maybe not just yet :)

We decided to do the following:
My partner will go back to Australia in mid may, and register our relationship in NSW asap. He also is making arrangements to rent a flat on his name and return to his old job (his old boss said that there should be a job for him) When we will have our relationship registered I will apply for Temporary/Permanent Partner Visa and E Visitor 651 Visa, so I can go to Australia and avoid being aprat for a long time. Hopefully de facto visa will get accepted fast so we can start normal life together :)

How does it sound? Is it realistic and possible? :eek:

Many thanks for any advice!
 
#9 ·
Hi Koll -

Sounds like a good start - registering the relationship satisfies the 12 month living together requirement, but DIAC will still take a close look at the extent you have shared your lives with each other over the past 12 months to determine if they believe the relationship is genuine. The more living together time you can accumulate (and related evidence of course) before you lodge a defacto partner visa application, the better.

Best,

Mark Northam
 
#11 ·
We are fully aware that they will look even more closely at other evidence we provide. We are planning to maybe put my name on the rented flat in Sydney, and make joint bank account - maybe it will help?

I dont know, there are times when I think we have enough evidence and sometimes I think we will get rejected :( We were not able to live together as I had my commitments in Poland and he have his work in UK. But we still managed to see each other very often... will that be enough? I read a lot of stories here when couples didnt live together as well and still got a visa.

We don't want to make up stories, just show our situation as it is and hope DIAC will see that we are genuine relationship.

Also I have one more question for you:
I know that we need to get some statutory declaration form Australian citizens (form 888). But what about statements form not Australian citizens? For ex. my host family that I lived with when I met my partner and they witnessed out relationship from the beginning? I think their statement would be very important. Is there any form for that kind of statement?

You don't have to do a full uni course. I have a friend taking cheap business courses or a lot of people do English courses. Most onshore partner visas are taking a LONG time right now... The last update I heard was that DIAC won't even respond to a request for an update if it has been less than 13 months.

Think about what kind of evidence you will be able to provide if you come over on a tourist visa and apply. If you definitely have to go that route... Make sure you have a TON of GOOD evidence. For example, that flat needs to be in BOTH names, not just his. Do you have joint finances? If you have a vehicle put it in both names/insure it in both names. Get wills naming one another as major beneficiaries... The list goes on and on.... Registering the relationship gets past the 12 month living requirement but its not enough on its own... They still require you to provide the same proof in the 4 evidence categories.

I just want to save you some heartache. Read through the forums about others experiences. Make sure you have a solid case. If you go tourist visa to onshore de facto visa, just be aware that you only have a short window to aquire and gather evidence. Make a plan.
Thank you for this information!
Just to clarify - we want to apply for visa offshore, in Berlin. Then come on tourist visa while the partner visa is processed. With a possibility that I'll have to leave Asutralia when partner visa will be granted and then re enter.
Our priority is not to be separate anymore, thats why we want to get the tourist visa when waiting.

About students visa - how cheap is cheap? :) I did some research and its still way too much for me. And to be honest - if I'd like to study, i'd like to study something that I'm interested in, not some random thing to get visa. We believe that our relationship is genuine and we want to get the partner visa. :)

Once again, thank you al for your help, this forums is so helpful:) I read all topics about partner visas and how to present the application. It is so useful much information!
 
#12 ·
Hi Koll -

For statements from people outside Australia, they can write it as a statement - number each paragraph, then have them sign and date the statement, and include a copy of their ID - either local ID like a driver license or their passport bio page.

Also for your Form 888's from Australian citizens or PR, make sure they are no older than 6 weeks old at the time you apply for a partner visa.

Best,

Mark Northam
 
#15 ·
If you are applying offshore anyway... Why not the PMV? That way the burden of proof is less. The DIAC states very clearly that periods of a relationship that they consider "dating" do not count. Also they give an example of traveling together, but both partners keeping their money separate also does not count.

I am in no way trying imply that your relationship is not genuine. Simply that the person assessing it has a list of criteria with checkboxes that must be checked. My partner and I were in a similar situation and after much research we ended up having to wait another year before applying, so that we could get the required evidence.

Here is the link from DIAC with all the courses you can take.
Courses Search

Remember that none of these visas are cheap... We spent thousands on our partner visa and related expenses and we didn't even use an agent.

I wish you the best of luck.
 
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#16 · (Edited)
We thought about PMV, but we just dont want to get married yet. Plus in Poland marriage is something very important, and thats how I treat it. We like our wedding to be with all family, in church and quite traditional, with engagement time etc. It just doesnt seem right to do it in a rush to get the visa. Especially when we think our relationship is genuine and there is no need for that.

But I must say, you got me a bit worried that we might not have strong enough case :( I just don't believe that they might think that 20 months of relationship is what.. just dating? Do you have any information how they define ''dating''? I think people who just date wouldnt decide to travel each month to see each other? I really dont know! :(

It's really depressing me that we want to do everything right, dont make up stories and fake evidence, we dont wanna marry for visa and from what I see it may easily fail without some forms of cheating. Plus I just visited a topic about Berlin Embassy and it really looks bad.. especially being from 'high risk country' (which is making me angry, especially when I see my country is one of the best dealing with crisis in Europe)

If you are applying offshore anyway... Why not the PMV? That way the burden of proof is less. The DIAC states very clearly that periods of a relationship that they consider "dating" do not count. Also they give an example of traveling together, but both partners keeping their money separate also does not count. I think we can gather evidence about paying for each others plane tickets and stuff - will that do the trick?

I am in no way trying imply that your relationship is not genuine. Simply that the person assessing it has a list of criteria with checkboxes that must be checked. My partner and I were in a similar situation and after much research we ended up having to wait another year before applying, so that we could get the required evidence. unfortunately I dont think we can wait another year - my partner needs to go back to Australia, and we just cant imagine being apart for that long.. and how would that help with proving our relationship is okay? Going to asutralia together is the only chance we have, I think. He cannot work in Poland, and I'm a student, I can't support him and me here.

Here is the link from DIAC with all the courses you can take.
Courses Search

Thank you for that! I will look it up.

Remember that none of these visas are cheap... We spent thousands on our partner visa and related expenses and we didn't even use an agent.

I'm aware of that:). But the point is, we are in genuine relationship, and we should be eligible to get de facto visa. If I go there on students visa the next step will be getting de facto as well - maybe easier, but also more expensive.

I wish you the best of luck.
Thank you so much, I needed another perspective. :) I will look more closely at courses I can take, but it also involves quite a bit of paperwork and fees. I'm just completely new to this and I have no idea about australian education system :eek:

I'm currently at University in Warsaw, just in the middle of my 5 year course, I will be taking gap year(s) to be with my partner. Any advice on what course should i look at if I want to apply for students visa? How it all works? (Of course I will do my own research now, but maybe someone did that or have experience and can reccomend something cheap in NSW?)
 
#17 ·
Check out the sticky thread about de facto visa evidence gathering and start amassing evidence RIGHT NOW. There are lots of things you can do and registering the relationship will definitely help. Just remember it only gets you so far. Because you don't live together, I would recommend making the rest of your case as bullet-proof as possible.
 
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