Defacto visa - does 4 mths living apart count?

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Defacto visa - does 4 mths living apart count?


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Old 06-08-2010, 12:58 PM
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Defacto visa - does 4 mths living apart count?

Hi

I would love any help or suggestions on this - My partner and I got together in September 09. I'm Australia and he is from UK and I knew him from working together for 2 years back in 2001-3, however got together on a trip back to UK. It was a whirlwind romance over two weeks and I then went to America for 10 days before leaving my travelling friends to go back to London to be with him for another week, giving up a prepaid trip to Mexico.

So I went back in October for a week and then I came back to Melbourne. He then applied for a 12 months working hoilday visa and came in Jan 2010 for 5 days, then back to UK for 3 weeks then moved over in Feb 2010. My partner moved to Aus as soon as he was able to, as he had a 3 months notice period with his employer. We got engaged in March and planning on getting married next year.

I thought we could apply for a partner visa from October 2010 but now have been told it needs to be a year of living together, which would be Feb 2011 but his visa expires on 6 Jan 2011.

Has anyone been in this position before? What advice can anyone provide me and can anyone recommend a immigration lawyer??

Any tips would be very helpful
Thanks


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Old 06-08-2010, 03:20 PM
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Originally Posted by tabby View Post
Hi

I would love any help or suggestions on this - My partner and I got together in September 09. I'm Australia and he is from UK and I knew him from working together for 2 years back in 2001-3, however got together on a trip back to UK. It was a whirlwind romance over two weeks and I then went to America for 10 days before leaving my travelling friends to go back to London to be with him for another week, giving up a prepaid trip to Mexico.

So I went back in October for a week and then I came back to Melbourne. He then applied for a 12 months working hoilday visa and came in Jan 2010 for 5 days, then back to UK for 3 weeks then moved over in Feb 2010. My partner moved to Aus as soon as he was able to, as he had a 3 months notice period with his employer. We got engaged in March and planning on getting married next year.

I thought we could apply for a partner visa from October 2010 but now have been told it needs to be a year of living together, which would be Feb 2011 but his visa expires on 6 Jan 2011.

Has anyone been in this position before? What advice can anyone provide me and can anyone recommend a immigration lawyer??

Any tips would be very helpful
Thanks
There's a couple of things that you could consider and that's
1. If he is young enough, has he considered doing three months regional seasonal work or even WWOOF Australia to get a second WHV.

2, If that's not on, you could look at getting your relationship registered
Quote:
The other approach you could take is to look at a relationship registration if you are in ACT, Vic. or Tassie [ and soon to be NSW, possibly by July ] and that waives the 12 months requirement but you'll still need evidence of a relationship and so have a good read of the Immi eligibility section and Booklet #1
For the relationship registration, have a look at Births Deaths and Marriages registry site for Vic.
It is kind of like a defactos certificate as against a marriage certificate and he'll need a Vic. drivers licence to go along with his UK passport for ID [ or alternately a shooters licence if quicker ].

Using the Immi info on eligibility, the Booklet#1 and their applying for this visa section Checklist, you ought to be able to handle an application without an agent.
Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801)





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