Offshore de facto partner visa question

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Offshore de facto partner visa question

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Old 08-01-2013, 05:08 AM
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Offshore de facto partner visa question


My partner and I are planning on applying for the Partner visa: Offshore (309) in a few weeks time however there is one little issue that has been bothering me about the whole thing. We have been living together/de facto for 13 months now in Australia so we meet the 12 month requirement. However, my tourist visa expires late August and I plan to leave then and apply as soon as I reach my home country (Scotland) as I can't afford to continue as unemployed whilst the visa is processed. My partner cannot come with me due to work commitments. Does this not technically mean that we do not live together when I apply on a technicality (I'm in Scotland, he is in Aus). Would this mean we are no longer de facto or don't meet the living together criteria?


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Old 08-01-2013, 05:16 AM
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Actually, good news! You can (and should, in my opinion) apply for the 820 onshore instead! Partner Visa applicants are given a Bridging Visa A when they apply from another valid visa (which I'm assuming you have) and those BVAs come with FULL work rights! Lodge your 820 before this tourist visa you're on expires, and as soon as it expires you'll be on a BVA and can work with no restrictions! You'll also be eligible for medicare as soon as you apply for the 820!

Man, I love when I get to give people good news.

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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 08-01-2013, 04:13 PM
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Only thing to add here is that if you're considering applying for the onshore partner visa, make sure your existing visitor visa does not have condition 8503 attached or that would prevent further onshore applications for anything but a protection visa.

You also should review the onshore partner visa application rules as they are a bit different - most significantly you need to include two statutory declarations on Form 888 from Australian citizens or permanent residents attesting to your relationship, and these forms need to be dated no more than 6 weeks before you apply for the partner visa.

Hope this helps -


Mark Northam

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309 visa, de facto partner, offshore partner visa

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