820/801 Defacto Help!

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820/801 Defacto Help!

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Old 04-14-2020, 02:54 AM
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Join Date: Apr 2020
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Exclamation 820/801 Defacto Help!

Hi all,

I have just started the application for my Indonesian partner for an 820/801 partner visa

The more I read, the more I think they will deny us because we have not lived together for 12 months consecutively prior to the visa application

The reason for this being we can only get 3 month tourist visas. SO to abide by the visa restrictions and not have him illegally in Australia he has to leave.

We have been in a relationship since October 2017, he has been to Australia 6 times for 3 months (or just shy of) on each visit. I have been to Indonesia 8 times to see him during this too, often flying between countries together.

We have plenty of evidence that out relationship is real, and continuing, but I am concerned they won't believe us as defacto because of our living arrangements.

Would his visa restrictions be a compelling and compassionate enough reason for the 12 month restrictions to be lifted?

In WA we can not register our relationship, and other pages have suggested we get married just to bypass it - we want to get married when we can afford to have all of our friends and family together and preferably in Bali (and not with a 5 people limit as it currently is in Australia due to the virus.)

Thank you

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Old 04-14-2020, 04:04 AM
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Try to seek some professional help in your case. The PMV would have been an option if you guys decided to marry but that's not the case. A RMA can help you heaps in this regard, remember the 7.5 k you pay won't be returned if your application is rejected. Good luck.

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Old 04-14-2020, 05:05 AM
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You can extend the 3 month to 12 months. Then apply for partner. My partner is Aus and I am Indonesian. I came to NSW initial for 3 months, then extend extra 9 months to make 12. Then register relationship (NSW) then apply for 801/820.

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Old 04-14-2020, 08:14 AM
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If you cannot register the relationship you must either be married or have been in a de-facto relationship for at least 12 months. A 12 month de-facto relationship is not the same as 12 months living together.

Lots of my clients have been in similar situations, living together for 3 month periods and then having to return to home countries in between.There are different ways to tackle this.

Why not talk to a Registered Migration Agent , so you can develop a realistic strategy, instead of lodging an application yourself, which may be doomed to fail.

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Nick van Voorst
Registered Migration Agent 0640648

Please do not send Private Messages.
For any inquiries, please visit our website: AUSVISA

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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810, 820, defacto, partner, visa

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