Lodging a 2nd partner visa onshore (309 , 100) - Page 6

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Lodging a 2nd partner visa onshore (309 , 100) - Page 6


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  #51 (permalink)  
Old 02-05-2014, 01:11 AM
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Quote:
Originally Posted by maggie-may24 View Post
It sounds like this is the wisest approach, and offers you the best chance of success which is ultimately your goal.

As far as returning on a tourist visa, by all means plan for that. However you should also prepare for the fact that the tourist visa may come with a No Further Stay condition, in which case you couldn't apply for an on-shore visa. .
After a previous partner visa refusal, it could be tricky to get a new tourist visa, unless you lodge a new partner visa application first.

If you did get one , it could come with a no further stay. You just can't be sure, so make contingency plans.

I had a similar scenario a while ago. Applicant applied onshore and was refused, because of not meeting de-facto requirements ( just a week short !). She went back to Europe and unsuccessfully applied for 3 tourist visas to come back to Australia.They then contacted me. We applied for a PMV, then a tourist visa, which was granted without no further stay condition. She had to travel to NZ for the grant of her PMV, then applied for the 820/8011. She now has PR, but the cost ,including all the application fees and plane fares for her partner and herself, was quite substantial. All this cost and drama could have been avoided if they had sought some professional advice first.

Best of luck! Love conquers all !

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  #52 (permalink)  
Old 02-05-2014, 07:23 AM
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another question guys
my partners family are all from victoria,all live there
if my missus updated her details to victoria (she is certain she has some mail in her parents house addressed to her in Vic) , could we get the relatiosnhip declared in Vic, therefore circumventing the cohab requirement ?


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Old 02-05-2014, 07:29 AM
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Have you looked up the requirements for registering a relationship in Victoria. ? You do actually have to live there. ..

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Old 02-05-2014, 07:34 AM
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Quote:
Originally Posted by NiallC33 View Post
could we get the relatiosnhip declared in Vic, therefore circumventing the cohab requirement ?
I believe both of you have to prove that you live in Victoria full time in order to register the relationship...also you cannot register if you have gone through the process elsewhere..and while not recognised by DIBP for immigration purposes...you have already done this in WA

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Old 02-05-2014, 07:34 AM
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from the vic.gov website

Do both partners need to reside in Victoria?
No, so long as one partner has a permanent Victorian residential address which is also the preferred postal address.


my missus does have a postal address there


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Old 02-05-2014, 07:39 AM
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don't you just love government's ability to convey the right info (detect sarcasm)

from Register a relationship - Births, Deaths & Marriages Victoria

Who can register a domestic relationship?
You and your partner can register a domestic relationship if:

you are both 18 years of age or older and are in a registrable relationship
you can both prove that you are ordinarily resident in Victoria, and
neither of you is:
married; or
in a relationship that is already registered; or
in another relationship that could be registered in Victoria.
- See more at: Register a relationship - Births, Deaths & Marriages Victoria

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Old 02-05-2014, 07:55 AM
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Quote:
Originally Posted by NiallC33 View Post
from the vic.gov website

Do both partners need to reside in Victoria?
No, so long as one partner has a permanent Victorian residential address which is also the preferred postal address.


my missus does have a postal address there
Mate , no disrespect , but maybe you should stop looking for non-existing loopholes ? I think you have been given plenty of useful suggestions on the best way forward...

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Last edited by CCMS; 02-05-2014 at 08:36 AM.

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Old 02-05-2014, 08:06 AM
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of course i will look for loopholes. only a fool wouldnt
my only alternative is packing up , uprooting my gf from her life here and heading back to a country thats currently flooded and has 14% unemployment ,all because some pen pusher can somehow say we're not defacto


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Old 02-05-2014, 08:09 AM
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Please yourself.

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  #60 (permalink)  
Old 02-05-2014, 08:15 AM
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im just being facetious. its just frustrating as fcuk. i had a call with my lawyer today, not the guy who feeds me bullsh*t but his associate who does seem to know her stuff. she said she has got plenty of clients partner visas who did not meet the cohabitation rule. she argued using legal precedents of cases. one in particular where a judge ruled that even though a couple never legally lived together, they spent almost every night together and in that instance they were defacto. i asked her for her professional opinion, take her loyalties away and answer me if we have a chance of a second application and she said she is very confident. even saying she would do it on a no win no fee


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