One-year relationship requirement

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One-year relationship requirement


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Old 02-08-2010, 09:31 PM
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One-year relationship requirement

Hey guys!

I'm new to this site and have a query about the one-year relationship requirement. Our situation is as follows: I am an Irish citizen and have been in a defacto relationship with my Australian boyfriend since April 2009 (we met while I was on a 1-year working holiday visa). We lived together in Australia from April until the end of July 2009 but have no paper evidence of that (bills, mail etc.).

I left Australia at the end of July to return to Ireland to begin a Masters at the end of August. We have maintained a genuine exclusive relationship while apart (telephone, emails, Skype) and he stayed with me in Ireland for the month of January. My partner is 34 and thus is too old to qualify for the ‘Working Holiday Visa’ in Ireland so we do not have the option to live together in Ireland at the moment. As I am currently enrolled in a Masters course in Ireland and my partner works on the Royal Australian Navy Patrol Boats (he must give 9 months notice to leave his job) we have not been able to live together for the majority of the year. I’m wondering if we will meet the one-year relationship requirement in April? It says in the FAQ section of the department’s website that “It is recognised that it is possible for the parties to be physically apart for periods of time, due to work or travel commitments, yet committed to a shared life. In assessing a relationship, a number of factors other than periods of physical cohabitation are taken into account.”.

My partner will put my name on his apartment’s lease and any bills in prepartion for me moving over to live with him in Australia; we hope that will strengthen our application and help prove that we would love to live together permanently when given the chance. Any advice would be greatly appreciated!


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Old 02-08-2010, 11:54 PM
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Hi Yvette and to be honest I'd think you're stretching the meaning of being apart whilst having a relationship and the example they give in the questions is something like where a couple were together for eight months and then separated for work or other reasons.

Are you intending to continue your studies in Australia? or is masters just a one year course?
If you were considering further study, even with a partner visa approved, it would initially be a temporary visa and any study at that time would be with international student rates re fees and so if that was intended is it possible that you could consider a student visa to live here to get the relationship period.

Certainly whatever you do, you need to start documenting with records/receipts etc. all associated relationship evidence.





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Old 02-09-2010, 06:09 PM
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Unhappy

Thanks for the advice Wanderer! I was afraid that our situation would be stretching it a bit! I don't want to just apply on the offchance and throw $1,700 down the drain.

My masters is just a 1 year course and I had intended on working if I got the defacto visa. Thanks for the idea of the student visa though; I've been looking it up online and it seems like all the postgraduate places have around $20K per year tutition fee for international students which I can't afford There are scholarships available but the odds of getting one aren't good. I would do any kind of studies for the year just to get the 1-year relationship requirement but I can't think of an affordable option to study?! The main way seems to be doing an English language course, which doesn't apply to me as I'm a native speaker.

Other than that the only solution I can think of is if we both move to New Zealand for a year (I could apply for the working holiday visa for there) to get the one-year requirement.

Thanks so much for the advice Wanderer, that was a great suggestion about the student visa. If you can think of any other possible solutions I would really appreciate it!


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Old 02-09-2010, 08:28 PM
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The Uni courses are pretty expensive but there are quite a range of different courses at private colleges and what we call Technical and Further Education colleges, the courses needing to be of an approved standard but probably a fair bit cheaper than Uni ones

Though the college ones are below graduate/postgrad standards, perhaps there some that could be supplementary to what you have already studied [ and then of course you need to have one where your guy is based or has his apartment.]

Another approach that may be possible is seeing what prospects may be for an employer sponsorship, there being both temporary and permanent residency but the temporary ones are good for up to 4 years.
Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457)
They usually get processed pretty quick and your Bf might be able to do some hunting about.

And then in the student area, there are also what are called Sponsored Trainining Visas - Visa Options - Sponsored Training - Students - Visas & Immigration

Other than those, it's more of looking at the likes of:
. PMV - if you thought you would be ready to tie the knot within 9 months.
. You can get Tourist Visas of up to 12 months - but no work and then you would have to do a trip to NZ and return on an ETA as the TV will likely have a
"no further stay" condition on it.

Or you head of to NZ but you both getting work there is not a given and is he ready to leave the Navy?





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Old 02-10-2010, 11:25 PM
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Thanks so much for all the suggestions Wanderer! You have decreased my stress levels immensely!!

My bf is based in Cairns and I found some TAFE courses there...so much cheaper!! Nothing that would really add onto what I'm studying now (quantitative finance) but I don't really care what I do, as long as I can be with my bf!

I'm going to keep reseaching the other options you suggested but I'd definitely be willing to do one of those TAFE courses anyway. I would say it would be difficult to get the employer sponsership one from here...maybe I could try for that once I'm over in Oz on the student visa...

I just have a question about how that Prospective Marraige Visa works (couldn't figure it out from the website), if I went over on that and we got married and I lived with him for the nine months of the visa would I qualify for the partner visa then? From what I could make out from the handbook it sounded like you need the continuous 12 months living together requirement even if you are married?! If that is the case, how could we make up those 3 months...could I go straight back in on an ETA Visa?

Thanks for taking the time to respond, you've saved my sanity!


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Old 02-11-2010, 02:28 AM
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Hi Yvette,

The partner visas always cause a lot of confusion, but you've come to the right place to get help. Have you read the partener booklet? It's available for free downlaod from the immigration webiste. It has more detailed info than the webiste.

I've looked in the booklet a number of times, and sets out the criteria for all partner subclasses, and then gives specific criteria for each one. So, for the prospective spouse visa, the one-year relationship rule does not apply, this is only for de facto visas. You still need to show proof of genuineness through stat decs. etc, but you don't need evidence of one year.

You will need to show no impediment to marry, and have a marriage date a Notice of Inteneded marriage from Australia as part of your application. Then you have 9 months in Oz within which to get married.

Take a look at the Booklet #1 and read it through yourself for more informatin.

Hope this helps, and good luck


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Old 02-11-2010, 11:00 PM
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Quote:
Originally Posted by Yvette View Post
Thanks so much for all the suggestions Wanderer! You have decreased my stress levels immensely!!

My bf is based in Cairns and I found some TAFE courses there...so much cheaper!! Nothing that would really add onto what I'm studying now (quantitative finance) but I don't really care what I do, as long as I can be with my bf!

I'm going to keep reseaching the other options you suggested but I'd definitely be willing to do one of those TAFE courses anyway. I would say it would be difficult to get the employer sponsership one from here...maybe I could try for that once I'm over in Oz on the student visa...

I just have a question about how that Prospective Marraige Visa works (couldn't figure it out from the website), if I went over on that and we got married and I lived with him for the nine months of the visa would I qualify for the partner visa then? From what I could make out from the handbook it sounded like you need the continuous 12 months living together requirement even if you are married?! If that is the case, how could we make up those 3 months...could I go straight back in on an ETA Visa?

Thanks for taking the time to respond, you've saved my sanity!
Just further to what Aussiegirl says Yvette, the PMV does have some strange parts to it but it is essentially as Ag says in that you have nine months from when the visa is granted in which to get married
Once entered you can leave and marry outside of Australia.
From the applying for this visa section Checklist
Prospective Marriage Visa (Subclass 300)
Quote:
If you are granted the Prospective Marriage (subclass 300) visa, you must not marry before you enter Australia on that visa However, you must marry your fiancé within nine months of your visa being granted and, if you wish then to apply for a Partner visa, you must do so before your Prospective Marriage visa ceases. Your marriage can take place either in or outside Australia, but you must have entered Australia on your Prospective Marriage visa at least once before the marriage takes place.
The Checklist also says you need to have some proof of the intent to marry, ie.
Quote:
Evidence that you intend to marry your fiancé within nine months of being granted the visa (for example a letter from the person who will be officiating at the wedding ceremony). See: Information on getting married in Australia
Which I really think is a little OTT bordering on ridiculous for even if a couple had decided to tie the not for immigration, they may want some time for the partner to get to Australia to decide on wedding details.

I think to get around that your guy should be able to contact a minister or a celebrant and make a tentative booking - maybe his Captain could marry you on a Patrol Boat!, though likely not within Navy regs.
Anyway, once you were here and made plans you could always change but keep within the time parameters, ie.
. Enter Australia
. Within 9 months marry wherever
. Also within 9 months but after the marriage submit your partner application.

And so you would not want to leave the marriage to right on the 9 months limit unless you planned on using a honeymoon to get the partner application in.
And if you did decide to depart Australia to get married, just remember you'll need to allow time to get back in to apply for the partner visa onshore or if you did apply offshore you would then be waiting for it to be processed to get back in.

As Ag indicates, the 12 months relationship requirement is waived but you still need to produce supporting documentation re your relationship and commitment to it continuing- Booklet #1 as Ag says, about P35 on has a heap of detail.

The Checklist also has a helpful ag link!
Getting Married

But back to other possibilities and say a 457, I know Cairns is not huge on industry other than tourism though it does like all regional centres have your typical community businesses which for Australia's bureaucracy will include several accountancy firms that'll handle personal/business taxation issues as well as some financial services related to investments etc., and even a Casino there for much in the way of Quantitative Finance! [usually the loss] .

I'd expect that as a base for your Masters you have accountancy/economics/finance or whatever qualifications and your guy ought to make a few calls just to ask about possibilities for it is quite possible that not too many highly skilled people are prepared to head to Cairns when the big financial hubs of the Capitals and then even overseas experience even beckons and some of these financial centres [and even the Casino perhaps, for they have backroom people too] might be interested in someone like yourself [ and especially more so if you have a couple of years of experience somewhere between grad. and backpacking.]

I certainly would not give up on the possibility and it'll certainly give you more flexibility and make the situation simpler.





Last edited by Wanderer; 11-02-2010 at 07:41 AM.

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Old 02-13-2010, 05:19 PM
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Hi Aussiegirl and Wanderer! Thanks so much for the detailed replies!

That's great news about the Fiancé - Spouse route as we could definitely get that if none of the other options work out. I spoke to my bf today about it and he said he'd marry me in a heartbeat but doesn't like the idea of the visa forcing us to do it by a certain date.

Thanks for the advice about the 457 Wanderer, I hadn't thought of it like that! I'll get my bf to get onto that when he gets back from sea. I think that option definitely puts the least pressure on the relationship!

I'm so grateful for the advice and will keep ye posted about what one we apply for!


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Old 11-02-2010, 03:47 AM
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Just a quick update: we went for the PMV visa in the end (this forum is so helpful!), submitted the end of May, I moved here in September on a tourist visa and had my PMV visa granted last week (went to NZ for a few days so that I'd be offshore). We're getting married on the 10th of December (less than 6 weeks away!) on Magnetic Island, can't wait! I ended up getting some consultancy work I can do from home through one of my lecturers so it has all come together :-)


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Old 11-02-2010, 07:50 AM
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That's great news Yvette and though Magnetic is one island I've not been to, it is supposed to be lovely.
All the best with the wedding and hope seeing as it is getting towards the wet season, you do not get rained on too much.
If time permits and you're after a longish side trip drive, you ought to pop on down to the Whitsunday Islands and get yourself over to Whitehaven Beach, nothing but beach but arguably one the planets greatest beaches, some of softest whitest sand you'll find anywhere and some nice old style tall masted sailing ships down there you can do a few days sailing cruises on around the islands.

Alternately, maybe he can convince the Captain their patrol boat needs the cobwebs blown out with a sprint over to Lord Howe Island and a great spot to even to fly to if looking for a less damp place for a honeymoon week.





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