Same sex relationship - visa chances?

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Same sex relationship - visa chances?


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Old 04-28-2010, 02:30 AM
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Same sex relationship - visa chances?

I'm a 47 year old guy who has been in a loving relationship with a 21 year old for nearly 3 years. We started out as just good freinds but the relationship just developed. We have spent lots of time together over the last few years and I have been to Australia 24 times to visit him on a couple of occasions staying for 3 months and he has been to stay with me in the UK 3 or 4 times also. Last year I gave up my job to travel with him and be with him and since then we have been together everyday except for a few weeks here and there when I have travelled back to the UK to see my family. I'm divorced for some 6 years now and have kids from my marriage but they all know the situation. My question is simple although I guess the answer is not so easy. How likely am I to get a visa to reside here permanently with my partner? I can't bear to think of living in the UK without him and it would be really unfair of me to ask him to leave his family behind (they all know of our relationship and are very supportive). we have a joint account together in Aus and have had for 3 years, we have travelled through Aus, the USA and Europe and there are lots of photos of us over the last few years as you would expect I guess.. So can anyone tell me am I just dreaming or do we stand a chance?


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Old 04-28-2010, 07:35 AM
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Hi ukguy,

The visa you would apply for is a de-facto visa, which is a subclass of the spouse visa. If you haven't looked at the immigration webiste yet, you should take a look at the requirements for this visa and the eligibility citeria.

I think the main problem you would have is showing 12 months living together immediately before the date of application. DIAC undertands that couples may have spent some time appart during that 12 months due to uncontrolable circumstances like work, family committments etc, but they are pretty critical of any applicants with less than 12 months. This is from the DIAC site:

What is the relationship requirement?
Applicants seeking to demonstrate a de facto relationship with their partner must provide evidence that, for the period covering at least the twelve months before the visa application is lodged:

•they had a mutual commitment to a shared life to the exclusion of all others
•the relationship between them is genuine and continuing and
•they live together (or do not live separately and apart on a permanent basis).

Living together
Living together is regarded as a common element in most on-going relationships and is one of the criteria prescribed in the Migration Regulations. Partners who are currently not living together may be required to demonstrate a high level of proof that they are not living separately and apart on a permanent basis.

What evidence is considered?
It is important that a couple claiming a de facto relationship are able to provide evidence that:

•they had a mutual commitment to a shared life to the exclusion of all others
•the relationship between them was genuine and continuing
•they had been living together or had not been living separatley and apart on a permanent basis.
Some of the factors to be considered in deciding whether the partners satisfy the requirement include:

•Knowledge of each other's personal circumstances
•financial aspects of the relationship, joint financial commitments such as real estate or other assets and sharing day-to-day household expenses
•the nature of the household, including living arrangements and joint care and responsibility for any children of the relationship
•the social aspects of the relationship, provided in statements (statutory declarations) by friends and acquaintances and
•the nature of the commitment, including duration of the relationship, how long the couple has been living together and whether they see the relationship as a long-term one.


Here are two FAQs that may also be relevant to your situation:

My partner and I met when we were travelling around the world and realise now that we want to remain together. Does our time travelling together count towards the one year requirement?

When a person applies for a partner visa and are not married to each other, they must be able to provide evidence that for at least 12 months prior to making the application:

•they had a mutual commitment to a shared life to the exclusion of all others
•the relationship between them was genuine and continuing
•they had been living together or had not been living separately and apart on a permanent basis.
If your relationship has been on a more casual basis – eg. you travelled together and shared accommodation, but you each had your own money, paid your own expenses and made no long term plans for your future until recently – you may not be able to meet the one-year relationship requirement.

You may need to establish your relationship for a longer basis before you make the decision to apply for partner migration.


My job in Australia does not allow me to travel to my partner's country to live there for extended periods. We have been in a relationship for 12 months but lived together for only eight months. Will I be eligible to sponsor my partner to Australia?

You may be eligible. 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.


If you still have more questions, let us know and we will try to help. You could also try calling the immigration hotline in Australia: 131 881 (for calls made in Oz). Maybe head dwon to the Oz embassy or consulate where you are and ask them for some hlep, or maybe consult a migration agent. There are some on this site, so if you do a search, they should come up


Last edited by aussiegirl; 04-28-2010 at 07:38 AM.

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Old 04-28-2010, 12:41 PM
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As Aussiegirl indicates, what couples, same sex or not are required to do for partner visas is have that 12 months relationship and travelling together and visiting does not really get counted in that but at least will show support.
You can look at offshore/onshore from Family - Visas & Immigration , the 12 months relationship being the same - Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801)

If your partner resides in Australia in the ACT, Victoria or Tasmania there is the possibility for the 12 months relationship waiver via registering a relationship but you still need the typical evidence to show a relationship.
Other states may also get that facility before too long, it requiring the individual states to legislate and NSW may not be too far away.

If you're financial enough to have given up your job and remain that way, you may want to look at a 12 month tourist visa to get 12 months together, and near the end you'd likely need to head over to New Zealand and get an ETA to return for tourist visas usually have a No Further Stay condition on them.
Same deal eould apply if you have skills and while out here were able to find a suitable employer re sponsorship, that then giving you right to work and stay longer.

You may find a 12 months tourist visa can actually give you nearer two years for they can be issued with a latest entry date 12 months from issue and with validity for 12 months from latest entry, and so by coming out straight away and doing a trip to NZ and back just before the latest entry date, it's possible to be 12 + 12.





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Old 05-26-2011, 04:57 PM
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Can you explain this please ? also if you register a relationship is the certificate enough for the visa or do u need more proof ?

You may find a 12 months tourist visa can actually give you nearer two years for they can be issued with a latest entry date 12 months from issue and with validity for 12 months from latest entry, and so by coming out straight away and doing a trip to NZ and back just before the latest entry date, it's possible to be 12 + 12.[/QUOTE]


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