Partner Temporary (sub class 820) - need advice please :) - Page 2

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Partner Temporary (sub class 820) - need advice please :) - Page 2


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  #11 (permalink)  
Old 07-23-2013, 11:00 AM
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Originally Posted by MarkNortham View Post
HI Shell -

Once you lodge your onshore partner visa you'll automatically get a bridging visa that activates as soon as your WHM visa expires, thus allowing you to remain in Australia while the partner visa processes (current estimate 13 months).

The NSW relationship registration process is much easier to accomplish than VIC, and only one person has to reside in NSW (not for a minimum amount of time) - evidence to show that one of you "resides" can be a copy of a lease, etc. Beyond that, you may want to book a consultation with a registered migration agent to go over all the aspects of your case - partner visa applications are not simple, and DIAC looks very closely at the defacto applications especially - to be blunt, you've got to show you're far more than boyfriend/girlfriend - you need to show that you're living together, sharing your lives, sharing your finances, etc etc - the DIAC Partner Booklet has more on this.

Best,

Mark Northam
That's a shame Victoria are so much more strict than NSW, but thanks for your useful info. I am also worried because my partner and me are currently living with his parents so we can save money for the visa application costs and other fees so we are only paying rent cash in hand, and for a couple of the most recent months they have said they are happy to let us stay without board costs so we can further save our money so i'm anxious about how to prove we have been living together since December. We have a joint savings account with both of our names on which shows that we are both putting money away for the future. I don't think we can afford a migration expert either

Shell.


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Old 07-23-2013, 11:05 AM
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Originally Posted by shell_32000 View Post
That's a shame Victoria are so much more strict than NSW, but thanks for your useful info. I am also worried because my partner and me are currently living with his parents so we can save money for the visa application costs and other fees so we are only paying rent cash in hand, and for a couple of the most recent months they have said they are happy to let us stay without board costs so we can further save our money so i'm anxious about how to prove we have been living together since December. We have a joint savings account with both of our names on which shows that we are both putting money away for the future. I don't think we can afford a migration expert either

Shell.
Get a stat dec from his parents saying that you are living together as a couple and paying rent in the home that they own. Also include mail sent to both of you at the same address. Stuff with dates like bills, bank statements, etc can be really effective at establishing a time line. And as for hiring a migration agent, it might be worth the extra money. If your de facto visa application is rejected you won't get your $4000 back. Especially because as of right now you do not meet the requirements for a de facto visa.

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Old 07-23-2013, 11:11 AM
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Get a stat dec from his parents saying that you are living together as a couple and paying rent in the home that they own. Also include mail sent to both of you at the same address. Stuff with dates like bills, bank statements, etc can be really effective at establishing a time line. And as for hiring a migration agent, it might be worth the extra money. If your de facto visa application is rejected you won't get your $4000 back. Especially because as of right now you do not meet the requirements for a de facto visa.
Thanks for the advice Whitney. A stat dec is a good idea, we've got mail with both of our names on too. What exactly will a migration agent do though? If we haven't enough requirements of a de facto then how are they going to help?


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Old 07-23-2013, 03:51 PM
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If you do a simple consultation with one (Mark's a really good one with reasonable rates - he doesn't plug himself, so I'll do it for him. ) they will ask you lots of specific questions and help you figure out if there's absolutely anything you can do to qualify. If not, they can help you look at what alternatives you might have for other types of visas.

Usually these consultations are not super expensive.

Whitney likes this.
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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 07-25-2013, 05:16 AM
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If you do a simple consultation with one (Mark's a really good one with reasonable rates - he doesn't plug himself, so I'll do it for him. ) they will ask you lots of specific questions and help you figure out if there's absolutely anything you can do to qualify. If not, they can help you look at what alternatives you might have for other types of visas.

Usually these consultations are not super expensive.
Thanks, but how much would a consultation cost? We contacted the immigration department and they said either de facto or marriage so it's quite limited on what we can apply for. It's annoying because all I want to do is be with my partner because we love each other so much and we just want to be together, I never thought it would be this hard.


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Old 07-25-2013, 05:24 AM
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I don't know what Mark's rates are, specifically. You'd have to ask him or inquire through his website.

The reason it's this hard is that it's not meant to be easy. These onshore partner visas are for married couples - or, barring that, couples who have established themselves as living as a married couple would. The way DIAC measures an established relationship outside of marriage is a year of living together (unless it's waived by relationship registration). Until that point, DIAC considers what you're doing to be dating rather than being in a defacto relationship. Only allowing established or married couples to apply helps weed out couples who are less likely to stay together because their relationship is newer.

You may very well know you're the exception and your love is permanent and forever, but DIAC has to set a standard *somewhere* or they'd get a bunch of non-serious couples applying.

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 07-25-2013, 05:37 AM
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Originally Posted by CollegeGirl View Post
I don't know what Mark's rates are, specifically. You'd have to ask him or inquire through his website.

The reason it's this hard is that it's not meant to be easy. These onshore partner visas are for married couples - or, barring that, couples who have established themselves as living as a married couple would. The way DIAC measures an established relationship outside of marriage is a year of living together (unless it's waived by relationship registration). Until that point, DIAC considers what you're doing to be dating rather than being in a defacto relationship. Only allowing established or married couples to apply helps weed out couples who are less likely to stay together because their relationship is newer.

You may very well know you're the exception and your love is permanent and forever, but DIAC has to set a standard *somewhere* or they'd get a bunch of non-serious couples applying.
Oh yeah don't get me wrong I totally get where you're coming from in the fact that they need to be strict and I can see why they do it, they need to make sure no one is trying to out smart the immigration system. It's just frustrating that we don't know if we'll get this visa when we have no other option, if we don't get this we'll be heartbroken. And it's frustrating that the only visa I could come out with the longest amount of time possible was the WHV for 12 months yet you have to be living together for a minimum of 12 months to apply for the de facto visa, and the registration of relationship in Victoria is a minimum of 12 months..which is why I need as much advice as I can get :/


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Old 07-25-2013, 05:49 AM
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If you could have extended the WHV you'd be in good shape. Don't get me wrong, I would have hated fruit-picking too but I might have done that or something similar for just a few months so i'd be in a good place to apply... actually, who am I kidding, I probably never would have made it. Haha. Anyway, as my mom is fond of saying "coulda, woulda, shoulda" - none of it helps now.

Does your WHV have "condition 8503" (no further stay) attached? If not, perhaps you could get offshore and then apply for a tourist visa and go back to finish out your year... or if worst came to worst, take your partner with you and go offshore and stay offshore for just a couple of months until you've lived together for a full year (total, including your time in Aus, of course) and then apply. These are the kinds of options Mark can help you with. I'm not sure in your circumstances if the tourist visa application would work, etc. but Mark (or another MARA-registered migration agent) would know.

If worst came to absolute worst you could always go offshore and apply for the PMV. You don't have to have lived together for that one - you just have to be willing to marry within 9 months of visa grant. You could apply offshore, then possibly get a tourist visa to visit your partner in Aus while you wait for the visa to be processed. It's not ideal, and I'm not positive they'd grant a tourist visa so soon after the WHV - again, something a migration agent would know.

Your case just has a lot of little intricacies to it and I don't want to give you advice and miss something crucial. I'm not a professional, after all. That's why I keep suggesting you consult with one. I want this to work for you - you guys seem legitimate, and what can I say? I'm a sap and I love love.

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 07-25-2013, 05:50 AM
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By the way, you're more likely to have more luck with tourist visa options since you're from the UK. So there's THAT bit of good news at least.

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

  #20 (permalink)  
Old 07-25-2013, 07:03 AM
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Originally Posted by CollegeGirl View Post
If you could have extended the WHV you'd be in good shape. Don't get me wrong, I would have hated fruit-picking too but I might have done that or something similar for just a few months so i'd be in a good place to apply... actually, who am I kidding, I probably never would have made it. Haha. Anyway, as my mom is fond of saying "coulda, woulda, shoulda" - none of it helps now.

Does your WHV have "condition 8503" (no further stay) attached? If not, perhaps you could get offshore and then apply for a tourist visa and go back to finish out your year... or if worst came to worst, take your partner with you and go offshore and stay offshore for just a couple of months until you've lived together for a full year (total, including your time in Aus, of course) and then apply. These are the kinds of options Mark can help you with. I'm not sure in your circumstances if the tourist visa application would work, etc. but Mark (or another MARA-registered migration agent) would know.

If worst came to absolute worst you could always go offshore and apply for the PMV. You don't have to have lived together for that one - you just have to be willing to marry within 9 months of visa grant. You could apply offshore, then possibly get a tourist visa to visit your partner in Aus while you wait for the visa to be processed. It's not ideal, and I'm not positive they'd grant a tourist visa so soon after the WHV - again, something a migration agent would know.

Your case just has a lot of little intricacies to it and I don't want to give you advice and miss something crucial. I'm not a professional, after all. That's why I keep suggesting you consult with one. I want this to work for you - you guys seem legitimate, and what can I say? I'm a sap and I love love.
Thanks for the advice by the way, you should become an agent :P youíre understanding and try your best with giving people advice, so thank you for that. To be honest the fruit picking situation was not as easy as I thought, I got here on December 28th 2012 and I looked everywhere for fruit picking near Melbourne (I donít have a car or my proper licence yet so it restricted me on where and how I could get to the fruit picking places) and there was nothing available except places which were 6 hours away by car, I contacted at least 10-15 wineries about any possible work but they said they didnít have anything, it wasnít until my boyfriendís wine rep (he works a vintage cellars) said there might be a chance of him getting involved with a wine making session so he asked if there was any work that I could do which counted towards my 88 days, and he said there might be a day I could do, I thought a day was at least a start so I went to his farm and my god it was awful, I was in tears at the end of it and being on my own made it hard. So thatís when we contacted the government and told them about our situation and they suggested de facto or marriage.
Iím pretty sure my WHV has a no further stay unless I do the 3 months of fruit picking. And if I could go offshore to make a total of minimum 12 months living together, my boyfriend couldnít come with me because heís in the middle of his post grad in reproductive science (he wants to go into IVF and get his PHD) so he canít risk his studies.
To be truthfully honest with you, weíre not ready to get married at this point in time. Although weíre in love and have talked about the future with getting engaged then marriage and kids etc, we havenít even got a place of our own yet and living with his parents for the moment. I understand applying for the PMV getting married would be more straight forward but I want to get married when weíre both ready for it. I guess I could go back to the UK and apply offshore but we could be waiting months or even over a year for a decision and being apart for all that time I would hate that.
Aww thank you, thatís nice of you to say. We really want this to work out, we are legitimate and want to spend our future together. Thanks again for taking the time to give your advice I realise itís tricky to judge my situation when youíre not an expert.


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