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-   -   820 Temporary Onshore - Waiting Room! (https://www.australiaforum.com/visas-immigration/38930-820-temporary-onshore-waiting-room.html)

Mish 02-06-2015 02:32 AM

Hi Chloe

The problem is and this was recently mentioned by a migration agent on this forum that for a de facto visa you need to have lived together.

In the eyes of DIBP staying together a few nights a week is considered dating and not de facto.

You will need to live together prior to submitting the application. You either need to live together for 12 months or register the relationship which waives the 12 months living together. If you register the relationship you still need to live together and migration agents recommend at least 6 months in order to gather evidence.

The BVA doesn't kick in until the WHV expires therefore you are bound by the conditions on the WHV. However, I believe you can apply to DIBP to get the conditions removed once you have applied for the 820.

chloejessica 02-06-2015 02:41 AM

Hi starlight - thanks for your reply. Looks like i have been a little bit naiive :(

i really thought when reading up about this visa that it wasnt compulsory! and i can understand why it is seen as dating. When we decided we wanted to have a future together my partner had just moved into a share apartment in the city which has a 12 month lease - i'm not sure how he would feel about cutting this short (or if he is even able to break the contract) as it is a good location for his job and took a long time to find the right place!

Unfortunately it is not possible for me to move in with him.

it has put a bit of a spanner in the works..i have read about the relationship registering and as we live in VIC we are able to do so..then when his lease is up we would have about 6 months of living together before my WHV expires.

Sorry to be repeating myself, so we would have to live together for the 6 months before even applying? maybe the offshore app (309) would be the only way to go!

Chloe

Helene 02-06-2015 02:46 AM

Hi Chloe,
Requirements for the 309 is the same than for the 820. It is more for people that are living overseas together

GBP 02-06-2015 02:48 AM

Quote:

Originally Posted by chloejessica (Post 765298)
Hi starlight - thanks for your reply. Looks like i have been a little bit naiive :(

i really thought when reading up about this visa that it wasnt compulsory! and i can understand why it is seen as dating. When we decided we wanted to have a future together my partner had just moved into a share apartment in the city which has a 12 month lease - i'm not sure how he would feel about cutting this short (or if he is even able to break the contract) as it is a good location for his job and took a long time to find the right place!

Unfortunately it is not possible for me to move in with him.

it has put a bit of a spanner in the works..i have read about the relationship registering and as we live in VIC we are able to do so..then when his lease is up we would have about 6 months of living together before my WHV expires.

Sorry to be repeating myself, so we would have to live together for the 6 months before even applying? maybe the offshore app (309) would be the only way to go!

Chloe

The requirement is the same for onshore and offshore application. So, you still have to live together for some time before applying.

chloejessica 02-06-2015 02:51 AM

Quote:

Originally Posted by GBP (Post 765322)
The requirement is the same for onshore and offshore application. So, you still have to live together for some time before applying.

Thanks for clarifying - but what i meant is..registering relationship, living together for 6 months (which will bring me to the end of my WHV) then applying back from the UK and waiting it out.

Mish 02-06-2015 02:52 AM

820 and 309 have the same requirements but if you are open for marriage you can apply for PMV subclass 300. You have to apply offshore for it. So you can leave apply offshore and then come back for your second WHV. They will let you know when it is ready to be granted so you can go offshore.

With the PMV you will have to marry within 9 months of the visa grant. Then after marriage you apply for a 820 at a reduced rate and it takes only weeks or months to get.

starlight 02-06-2015 02:55 AM

Quote:

Originally Posted by chloejessica (Post 765298)
Hi starlight - thanks for your reply. Looks like i have been a little bit naiive :(

Don't worry, I was too before I found this forum and at the start of this whole journey :)

Quote:

i really thought when reading up about this visa that it wasnt compulsory!
I wasn't aware of it either...it's poorly worded in my opinion.
My partner and I first lived together for 6 months, then 4 months apart and then 3 months again before we applied...so we had 9 months (plus we registered our relationship).

Quote:

it has put a bit of a spanner in the works..i have read about the relationship registering and as we live in VIC we are able to do so..then when his lease is up we would have about 6 months of living together before my WHV expires.
That's a good start. But be aware that the rules are strict in VIC, you both have to prove that you've lived/were residents of VIC for 12 months. If you can prove that, it should be all good :)

Quote:

Sorry to be repeating myself, so we would have to live together for the 6 months before even applying? maybe the offshore app (309) would be the only way to go!
@Helene, GBP: I thought the requirements are much more "relaxed" for PMV as they are tailored for people in Chloe's situation?

Mish 02-06-2015 03:04 AM

Quote:

Originally Posted by starlight (Post 765362)
@Helene, GBP: I thought the requirements are much more "relaxed" for PMV as they are tailored for people in Chloe's situation?

Chloe mentioned the 309 which is an offshore spouse or de facto visa. The PMV is a 300.

starlight 02-06-2015 03:16 AM

Quote:

Originally Posted by Mish (Post 765394)
Chloe mentioned the 309 which is an offshore spouse or de facto visa. The PMV is a 300.

Ah, I see! I've been on this forum for almost a year now and had no idea a visa like this even existed! :eek:
I always thought offshore automatically means PMV.

chloejessica 02-06-2015 03:16 AM

Quote:

Originally Posted by starlight (Post 765362)
Don't worry, I was too before I found this forum and at the start of this whole journey :)


I wasn't aware of it either...it's poorly worded in my opinion.
My partner and I first lived together for 6 months, then 4 months apart and then 3 months again before we applied...so we had 9 months (plus we registered our relationship).


That's a good start. But be aware that the rules are strict in VIC, you both have to prove that you've lived/were residents of VIC for 12 months. If you can prove that, it should be all good :)

@Helene, GBP: I thought the requirements are much more "relaxed" for PMV as they are tailored for people in Chloe's situation?

at the moment i have been a resident for 7 1/2 months as i spent 3 in NSW working for my second working holiday visa..but am back now living in Melbourne so i will be approaching the 12 month mark! i really hope registering the relationship will help us. We will discuss moving in together but it just hasnt been possible to do that yet due to the circumstances and his work commitments - but then if we both want it as bad as we say then we will find a way! where theres a will theres a way :)

its really frustrating and it does put a downer on you, the thought of not being able to be with him doesnt bear thinking about IMO!

obviously every visa is processed on a case by case basis, and im fully aware living together is going to be highly in our favour but i also have some conflicting opinions (just opinions) telling me that the most important thing would be evidence to prove the relationship is genuine.

Thanks for the help guys, the support too..feeling a bit down now! :(


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