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

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


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Old 07-23-2013, 08:43 AM
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Question Partner Temporary (sub class 820) - need advice please :)

Hey everyone,

I have just joined this website as I came across it and found the information and posts on here very helpful. Before I ask for any advice about my visa application, I will first tell you about my situation...

I am from London and met my Australian boyfriend in October 2011 on the same tour to Oktoberfest. We got on really well and after spending two weeks together I said I would visit him in Melbourne as soon as I had enough money, when he went back to Oz we kept in contact using emails and talking to each other for hours on Skype. Our relationship as friends eventually progressed and on April 5th 2012 we both talked about how we felt about each other and realised we both loved each other, so we then decided to be exclusive.
I went out to see him in July 2012 for a month and we got on really well, we spent it non-stop with each other and then we made the decision that I would come back after Christmas.
The only visa I could get for the longest amount of time was a WHV. I tried the fruit picking to be eligible for a second year but I hated it so we decided that we will apply for a de facto visa when the time comes.The thing we are worried about is when to apply, as my 12 month WHV runs out on December 27th this year and you have to be living together for at least 12 months to able to apply for the partner visa, I am wondering if anyone could advise on when to apply. Are we able to apply say after 10-11 months as long as we explain why? Any help would be appreciated

Shell.


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Old 07-23-2013, 09:20 AM
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Hi Shell -

Unfortunately there is no flexibility in the 12-month living together regulation for a defacto partner visa other than very rare situations (ie, the couple has a child, etc). However, some couples register their relationship in the Australian state they live in (usually with the Office of Births/Deaths/Marriages, etc) which does satisfy the 12-month living together requirement. You still have to provide evidence to show that your relationship is genuine, etc but at least the 12-month living together requirement no longer is present.

Hope this helps -

Best,

Mark Northam

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Old 07-23-2013, 09:26 AM
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Originally Posted by MarkNortham View Post
Hi Shell -

Unfortunately there is no flexibility in the 12-month living together regulation for a defacto partner visa other than very rare situations (ie, the couple has a child, etc). However, some couples register their relationship in the Australian state they live in (usually with the Office of Births/Deaths/Marriages, etc) which does satisfy the 12-month living together requirement. You still have to provide evidence to show that your relationship is genuine, etc but at least the 12-month living together requirement no longer is present.

Hope this helps -

Best,

Mark Northam
Thanks Mark for your advice, that's good to know. How early do you reckon we could apply to register our relationship? And once we hopefully get it registered, do we send this along with our Partner 820 visa application?

Many thanks,

Shell.


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Old 07-23-2013, 09:31 AM
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You can register any time as long as the Australian state you live in allows it - some states have a minimum amount of time you must be resident there in order to register, while other states (like NSW) are less restrictive. Also some states have a waiting period after you register which you have to wait for until you receive your registration (NSW is 1 month). You would send the registration certificate along with your 820/801 visa application package, and it would be a good idea in your cover letter you send to point out that you have registered the relationship.

Best,

Mark Northam

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Old 07-23-2013, 09:31 AM
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Originally Posted by shell_32000 View Post
Thanks Mark for your advice, that's good to know. How early do you reckon we could apply to register our relationship? And once we hopefully get it registered, do we send this along with our Partner 820 visa application?

Many thanks,

Shell.
If you're living in Victoria and you want to register your relationship to waive the 12 month living together requirement, I believe you need to have evidence you have been living in Victoria for a year or more. If someone could confirm this for me that would be great!


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Old 07-23-2013, 09:39 AM
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Quote:
Originally Posted by MarkNortham View Post
You can register any time as long as the Australian state you live in allows it - some states have a minimum amount of time you must be resident there in order to register, while other states (like NSW) are less restrictive. Also some states have a waiting period after you register which you have to wait for until you receive your registration (NSW is 1 month). You would send the registration certificate along with your 820/801 visa application package, and it would be a good idea in your cover letter you send to point out that you have registered the relationship.

Best,

Mark Northam
Ok, thanks for getting back to me so quickly, people are really friendly and helpful on here We're living in Victoria so do you know if there is a minimum waiting time to apply for the registration here? And once we get the registration granted, can we apply for the Partner 820 visa as soon as we get an answer from the deaths, births and marriages people? Or do you recommend we apply closer to the time of my WHV expiry date? Sorry for all the questions by the way, I just want to make definitely sure what to do. Also what evidence would you advise we send off when we register our relationship?

Thanks,

Shell.


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Old 07-23-2013, 09:41 AM
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I believe Victoria has a 12-month residency requirement - best to check on the VIC website for the appropriate dept. Evidence to register a relationship varies from one state to another - again, best to check the specific state site to get their exact requirements.

Best,

Mark Northam

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Old 07-23-2013, 09:48 AM
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Oh, I'm really not sure what to do now I just checked online and apparently it is a 12 month requirement to register in Victoria I really don't know when to apply. When we apply for the partner visa will I automatically be put on a bridging visa?


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Old 07-23-2013, 09:55 AM
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Originally Posted by SummerSun View Post
If you're living in Victoria and you want to register your relationship to waive the 12 month living together requirement, I believe you need to have evidence you have been living in Victoria for a year or more. If someone could confirm this for me that would be great!
I have a problem with that if that's the case because i'm only on a Working holiday visa which only lasts for 12 months...getting really worried this partner visa thing isn't going to work out for me and my boyfriend now all these different forms and things to sort out is stressful.


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Old 07-23-2013, 10:31 AM
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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

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