Few questions

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Few questions


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Old 12-27-2009, 05:07 AM
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Few questions

Hey there

My partner needs to get a partner visa in the next 6 months or so. Our situation.

Im australian and met my british boyfriend in scotland over 2 years ago. Been dating since. Stayed in scotland for 18 months after we met as a couple, but i lived with friend and he has a house with his brother, so didnt live together. Been in Australia for nearly 1 year now, he is on a working holiday and been granted another 2nd year visa. So he is allowed here till march 2011. We live in australia with my parents in a flat in the backyard and pretty much live alone together. We pay rent to mum every week.

Now, in the next few months would like to get a partner visa as want to stay in australia for another 2-4 years. Looking at getting married around then and go back to scotland.

Are we able to get the partner sponsor visa?? We have many people to write a letter to describe our relationship as being genuine. And many photos and cards and flight details. We havent lived alone together, which is what im worried about.

Can you please let me know if we will be granted this visa
thanks


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Old 12-27-2009, 05:21 AM
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Hi,
you need to have lived together for 12 months before applying. Living separately can sometimes count but only in circumstances where people are separated through circumstances beyond their control (usually having to leave the country because of visa, etc). If you lived in Scottland but in separate households, this would not count.
Also, please, check your partner's visa conditions, particularly whether he has 'no further stay' condition. If he does, there is little little chance of having it waived and he would not be able to lodge an application in Australia.
Good luck
Dorota


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Old 12-27-2009, 06:48 AM
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When your living together for 12 months is up, having a prior history will help to show the validity of your relationship but there'll still need to be the 12 months together and you'll want to have bank records of relationship style payments in addition to something of a rental agreement/receipts for the flat.

There have been quite a few defacto applicants post on the forum and checking back on a few threads as well as the family visa information on Department of Immigration & Citizenship [look under migrants] and Booklet #1 will give you an idea of the type of evidence that should be provided.

The WHV do not usually have a no further stay condition though DIAC may put one on a second WHV [unlikely though].





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Old 12-27-2009, 10:24 AM
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Thanks heaps for the quick reply.

So we pretty much cant get any partner visa?? i cant see us really living together on our own with a lease for another 6 months. We have been doing alot of travelling around australia since being here.

Is there any other options for us after his WHV runs out in 2011??


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Old 12-27-2009, 10:41 AM
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Also, what if we continue living with my parents granny flat and my mum does us up a lease, or we get a joint bank account and wait 1 year to apply. That would give us 3 months for the application though. Thanks


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Old 12-27-2009, 11:50 AM
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You don't have to live separately from anyone else, you two have to live together. It's O.K to live in your mother's place. You can have a tenancy agreement drawn up but to me it looks artificial and suspicious. You must do what a married couple would do in your circumstances. Married people usually have 'pooling of resources', therefore a joint bank account is highly recommended. Also, payment of some bills coming out of the joint account, even if the bills belong to your mother, will show that you live there. Make sure your driver's licences have the same address, medical bills are sent to that address. There is nothing wrong with travelling together, married couples do this, too. You may also consider registration of your relationship, you can do this in Tas, Vic and ACT and then you wouldn't have to show 12 months of 'living together', but you still have to prove the relationship (commitment to each other, etc). Also, remember, that your b/f has to notify DIAC of any change of circumstances and that includes being in a de facto relationship. I've seen people being rejected only because they failed to notify DIAC that they were in a relationship. And, most importantly, the timing. Your partner can apply any time provided he does not have 'no further stay' condition, the moment he applies he can stay in Australia until the decision is made irrespective of his WHV, although he may not have work rights after his WHV expires. Also, if you prepare the application well and have all docs ready, incl meds and police clearance, then you should be able to get his Partner visa very quickly. I've heard in Sydney you can get a Partner visa on the spot.
Hope this helps,
dorota


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Old 12-27-2009, 02:25 PM
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If you decide to stay resident in one location that will giveyou a much better chance of getting a partner visa than travelling about merely because you'll likely find it harder to have the evidence that you would with residence somewhere, be it in your Mum's flat or wherever.

But if you have been staying in the flat for a while already and get that documented, then adding that to what time you have until March 2011, there is no reason why you could not go travelling for some time, using the flat as a base.

A joint bank account is fine but if you have good records of expenses and can show them being paid from your or his account, that is fine too for many couples do keep separate accounts.

Have a look in the eligibility section of the defacto visa you'll find in the family section of migrants on Department of Immigration & Citizenship and read the link on relationships as there are some commonly asked questions examples there, and the Booklet #1 is well worth a read too.
The applying for this visa section also has a Checklist that should be used.

If you're paying rent already, there'll be nothing artificial or suspicous about having something of an agreement in writing to just formalise the arrangement.

I completely disagree with dorota on applying any time for that is very loose advice and you should only apply when you meet the eligibility conditions for otherwise is a good way to waste your application fee and again there'll most likely be no no further stay condition on a WHV.

Is your Bf skilled in any area for if so, getting a 457 employer sponsored visa may be another option though it does mean some commitment to staying put as far as having a sponsor to maintain the visa.

Have a look at elkitten's thread I've made as a sticky, for elkitten in applying from overseas had a mixed situation with her relationship and right from the start I had advised her on assembling all the information, highlighting expenses and making a timeline of the relationship, all that being done and she had her defacto visa approved recently as have a few others in similar but different circumstances.

It is all about having the relationship, the evidence and clearly presenting it.
And yes, if you are resident in the ACT, Vic. or Tasmania and your Bf can qualify with the residency/ID - probably mean having a locally issued drivers licence, you could look at registering your relationship with the state/territory and then that is accepted by DIAC much as a marriage is.





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Old 12-29-2009, 02:17 AM
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Thank you all so much for your replys. They have been a great help to me and my boyfriend"

We have talked to my parents and decided the following:
-will be opeing up a joint bank account tomorrow for our money to go in. Also will get our car insurance taken out that account
-mum and dad will be doing a lease up for us
-we will also be taking over the internet and phone bill in our name from next week
-BF will be getting a south australia licence with the address on it.

we have many people to do stat decs for us so that is great.

We will have to wait a year from now to do the application. His visa runs out in march 2011.. will that be enough time to do the application onshore before his whv runs out??

Again thanks everyone for your help and will be on here continuely for the next year or so


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Old 12-29-2009, 01:22 PM
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Sounds like you're getting organised Sally and 12 months from now still gives you a couple of months up your sleeve.

As I've said, any time documented before now re whatever your mum & dad draw up re renting the flat and that you can reasonably show as relationship time is a bonus.





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Old 12-30-2009, 05:02 AM
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Thanks again

Also, do you think 3 months will be plenty of time to get the visa approved?? On the immi website said it can take up to 6 months.


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