Onshore Partner Visa - Unlucky situation :(

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  • 2 Post By 74123
  • 2 Post By sudeepdai

Onshore Partner Visa - Unlucky situation :(


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Old 03-12-2020, 06:15 AM
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Onshore Partner Visa - Unlucky situation :(

Hi everyone, Iím in a bit of an unlucky situation so just looking for some advice. I recently moved back to Australia from Italy where I was living with my partner for 2.5 years. I came back to Australia two weeks ago to attend a friends wedding and my partner had his ticket booked to come to Australia at the start of April as he was finishing up his work contract. We were planning to apply for the onshore partner visa during his three month tourist visa. Unfortunately, due to COVID-19 and Italians banned from entering Australia this has completely changed our plans. My partnerís workplace will most likely give him a 3 month contract so if all goes to plan (and they lift the ban) he would be in Australia at the start of July. Meaning we would be apart for 4 months. Do you think this would have a negative affect on our visa application? Also hoping they donít introduce the new sponsorship rules either! Thanks heaps!


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Old 03-12-2020, 08:53 AM
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Assuming your relationship is genuine and you have enough evidence for all four categories and can also prove that you have lived together for the last 2.5 years it shouldn’t be a problem.

This is what the website States:
You and your partner are in a de facto relationship if all these apply:
you are not married to each other
you are committed to a shared life to the exclusion of all others
your relationship is genuine and continuing
you live together or do not live separately and apart on a permanent basis
you are not related by family
Usually your de facto relationship must have existed for at least 12 months immediately before you apply for the visa. Time spent dating or in an online relationship might not count as being in a de facto relationship.

‘Not living permanently apart’ means you can live apart as long as it is temporarily. So you will have to prove that it is. I would show that you have lived together in Italy. To show that you then wanted to continue your life in Australia I would submit your partner’s original flight as evidence that he was going to come over in April together with a screenshot of the travel ban and perhaps even a statement from his employer or an official document that shows that his work contract was to end now but they have extended it only to bridge the time until he is able to come to Australia. Perhaps you could compile these documents into one PDF and add a cover letter with a short paragraph explaining the situation. I would also check whether your partner could already purchase a flexible ticket to Australia. Which may cost a little more but if he has one and only has to set the date once he is allowed to come to Australia it will show that the intent of being together remained while you were apart. If you are renting a place you could already put him on the lease or have him approved as a second tenant if the real estate agency doesn’t want him to be a lease holder. He could start sending you money via PayPal or bank transfer which you can put into your account or a shared account so you can buy furniture for the new house, cover rent for the place that he will also move into, etc.

My partner and I spend a lot of time apart due to work but it was always temporarily and it is important to make that very clear through quality evidence.

When you do live apart you will have to show that you maintained regular contact which can easily be done by submitting your skype records or take screenshots of your WhatsApp call history or your text messages to one another. Not sure how romantic you guys are but if you send flowers or letters or something similar you can submit evidence for that too.

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Last edited by 74123; 03-12-2020 at 08:58 AM.

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Old 03-12-2020, 08:59 AM
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Quote:
Originally Posted by lola91 View Post
Hi everyone, Iím in a bit of an unlucky situation so just looking for some advice. I recently moved back to Australia from Italy where I was living with my partner for 2.5 years. I came back to Australia two weeks ago to attend a friends wedding and my partner had his ticket booked to come to Australia at the start of April as he was finishing up his work contract. We were planning to apply for the onshore partner visa during his three month tourist visa. Unfortunately, due to COVID-19 and Italians banned from entering Australia this has completely changed our plans. My partnerís workplace will most likely give him a 3 month contract so if all goes to plan (and they lift the ban) he would be in Australia at the start of July. Meaning we would be apart for 4 months. Do you think this would have a negative affect on our visa application? Also hoping they donít introduce the new sponsorship rules either! Thanks heaps!
Hi Lola91

So sad to hear that. Very unfortunate.

On the brighter side, I am pretty sure that should not be a problem (if being apart is the part you say that could have negative impact on your application). You could also put that in a statement when you gather evidences that you had been apart for these many months due to COVID-19 situation.

I have encountered number of people who have been apart for 6-7 months and even more and still have received positive outcome. As long as all the documentation and the relationship is genuine, I dont think they will have any reason to give you a hard time.

This is only my opinion though

lola91 and FreddoBee like this.
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Old 03-12-2020, 09:09 AM
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Thank you both LJme & sudeepdai. I really appreciate it


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Old 03-15-2020, 08:41 AM
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Make sure you write somewhere in the applicationt hat the COVID situation has caused this separation. A letter, a stat dec, anything. Just add it as a document if needed. THey read them, and they take special circumstances into account. It should not be a problem.


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