12 month relationship requirements

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12 month relationship requirements

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Old 08-26-2009, 08:24 AM
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12 month relationship requirements

Ok guys...here's my situation

So my partner (he's aussie) and I (from the UK) met in 2007 while I was on a work placement for my uni degree in Australia and spent the last few months that I was here as a couple. I had to go home to finish uni but we kept in touch the whole time. I came back in nov 08 on a working holiday visa and we have been together since then but not living together until now. We have all the other evidence, joint bank accounts, statutory declarations, photos etc. Now I only have 3 months left on my working holiday visa and was stupid enough to leave it too late to do seasonal work so can't apply for a second. My plan was to come back in on a evisitor for 3 months at a time. I know you are not supposed to use this visa to build up your 12 months but I'm not sure what else we can do as I definiately can't afford international student fees. I have done some research and am now worried that when it comes to apply for our partner visa (which we plan to do offshore), imigration won't like the fact that I have been living with my partner whilst on a visitor visa....
Will refuse the application on that basis? Any suggestions or ideas would be GREAT...they make it so hard!!

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Old 08-26-2009, 10:22 AM
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Hi jeb21

Just wondering if you and your boyfriend had considered a fiancé visa? It seems like you would fit all of the requirements for that, but if you go for that one you will have to be married in Australia 9 months after your visa is approved. Just something to think about though.

From what I can gather, immigration are pretty strict about the 12 month living together rule and only really wave it if there is a child involved or if there are other compelling circumstances.

My boyfriend and I had the same problem. We lived together in the UK for 11 months on working holiday visas before he had to return to his home country of Namibia, and when I came to Namibia to join him last year, we had to start the 12 months all over again. It really seemed like our only option as we were not too keen on the fiancé visa at the time.

Im not sure that immi would have an issue with you living together on a visitor's visa but the fact that it was only for 3 months I think means the chance of them granting you a defacto visa is pretty slim.

Is there any way that your boyfriend can go and live with you in the UK for 12 months? Otherwise, other than getting married and applying for a spouse visa or applying for a fiancé visa and getting married 9 months later....you are probably a bit limited in terms of options unfortunately.

Hope this helped a bit. Good luck!

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Old 08-26-2009, 11:44 AM
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Hi Lovedup, thanks for the help! The fiance visa could be option but the de facto visa would be preferable. So you think immi wouldn't have a problem if I had been on a visitor visa, came in and out every 3 months until we had been living together for 12 months and then applied for the de facto visa? as long as they didnt think i was here to stay when i came in on a visitor visa...

sorry for all the questions! thanks so much for your help

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Old 08-26-2009, 11:52 AM
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I don't think it really matters what visa you are on, as long as you have been together for the full 12 months.

The problem is I don't think you can expect to spend 3 months in Australia, go to NZ for a couple of days and then expect to stay another 3 months. Immigration will probably flag this and suspect you are working illegally.

It has been brought up before, but I do believe you can get a tourist visa for up to 12 months. I don't know the requirements, but there is some information on the immigration website.

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