Living and Working in Australia Forum With Immigration and Travel Information

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Katherine 07-25-2010 11:52 AM

Partner Visa?
Hi.. i'm a little confused about the partner visa.
My boyfriend is overseas and wants to be with me in australia..
we have never lived together yet but he'll come here soon to stay with me and my family (either on a student or tourist visa).
what are all of our options for a partner visa?.. how long would he have to stay with us to be elegible for a partner visa? Can i or one of my family members sponsor him in any way to come here?..

One more question (although not related to the partner visa)...
can a certificate III in hospitality make him elegible for a working visa?

aussiegirl 07-25-2010 01:28 PM

Hi Katherine,

I guess you are going to try for a de facto partner visa? If so, you will have to live together with your boyfriend for a full 12 months before applying for an onshore visa. You as his partner are the only person who can sponsor him and you'll have to submit forms together with your partner. But, your family members can help you show financial support if you are asked for an Assurance of Support. If you live in a state that allows it, you could also register the relationship, making you a legally recognised de facto couple, this then removing the 12 month requirement.

If you are serious about eachother, you might also consider a prospective marriage visa (fiance visa). This one does not require 12 months living together in order to be elibigble, but you need to organise a wedding date before you apply and get married within 9 months of him arriving. Then once married he would have to apply for a partner visa as your husband.

If you haven't already, visit the DIAC site and read about the partner visa options:

Family - Visas & Immigration

Family - Visas & Immigration

I know it's confusing, but it's important to have a clear understanding of your options and before you plunge into the process of applying. If you need any more help, just let us know :)

Katherine 07-25-2010 09:57 PM

Yeah that's the one.. de facto partner visa..
marriage is not really an option for me until i'm a little older.
I probably should add more detail to make it easier for people here to help.
I'm 17 years old (18 in January) living in Sydney and my boyfriend is from India.
He's planning to come here in late January-early February to live with me and my parents..
if he comes on a student visa and does the hospitality course the course will only go for 6 months..
if he comes on a tourist visa is it possible for him to stay for the entire 12months?
Do you have any idea if NSW will allow us to register the relationship?
and one more question.. what exactly is the Assurance of Support?

Thank you for your help :)

Katherine 07-25-2010 10:06 PM

oh... one thing i just thought of..
what if he does his six month course and then applies for a 6 month tourist visa..
is that at all possible or would a 12 month tourist visa be easier?..
and would he be able to apply for a tourist visa while in Australia or would he have to do that once he finishes his course and goes back to India.. and if that's the case.. does him being back in India while waiting for the tourist visa mean that it has broken our 12 month de facto relationship because he'll be away from me for a little while?..
does that make sense at all?.. i hope so :)

Skydancer 07-26-2010 12:06 AM

Hi Katherine!

Do you realise that it is difficult for an Indian single male to get a 12 month tourist visa? He will need to show that he has a certain (large) amount in his bank account and a solid reason for needing to return to India. It is highly likely he would get a refusal. It happened to me when my Indian boyfriend applied to come here, even though we included statements that he would be staying with my parents and me and that we would take care of his expenses. Same thing happened to several other young Indian guys we know.

Student visa would probably be a better option.
I wish you both all the best of luck :-)

Wanderer 07-26-2010 01:11 AM

As Skydancer indicates, there are restrictions re countries and tourist visas that can be attained.
Studying hospitality is not going to be considered a highly skilled area and first thing anyone needs to look at for student visas is the eligibility requirements for those too as they have been made more stringent of late.
You'll find a menu for all visas to left hand side of most Immi site pages.
And if you do not have a full 12 months together, there are few exceptions for anything else to be accepted other than waiving by relationship registration, not yet available for NSW.
The other issue with a tourist visa is that they usually have a No Further Stay condition applied and thus being here on one would prevent another visa from being applied for.

Katherine 07-26-2010 06:14 AM

@ Skydancer -
i guess the 12 month visa won't be an option then because money is a bit of a problem.. and most courses are way too expensive.. and apparently hospitality is not on the skilled list.. so i'm now a little confused on what i should do.
It's alright.. we'll find a way.
Thanks for your reply :)

@ Wanderer -
i was under the impression that hospitality was on the list..
i've had a look at it before but i can't seem to find the list anywhere now. If you know where the list of courses which will make a person highly skilled is.. it would be a great help if you could send me a link to that.

if the 12 month tourist visa is impossible... is it possible for him to apply for a tourist visa and continue extending it or will it always have a no further stay condition applied?

Skydancer 07-26-2010 09:34 AM

Katherine, sorry to say, it's very difficult for an Indian single male with limited funds to get a tourist visa to Australia (or to many other countries for that matter)!

My boyfriend only wanted to stay two months and was rejected. It would be wise to be prepared for an alternative plan, just in case. By the way, they will not indicate the reason for the refusal and there is no chance for appeal.

It's great that you are feeling positive. It makes it easier to think clearly and plan wisely ! True love always finds a way :-)

Katherine 07-26-2010 09:56 AM

Sorry to ask if it's personal..
but i'm interested to know what you and your boyfriend did once he was rejected to stay for only two months?..
i would be torn if that happened to us :-O
But like you said.. true love always finds a way.. staying positive makes it a hell of a lot easier for us :-)

Katherine 07-26-2010 10:29 AM

Confused! :-s
Hi.. i apologise if i have repeated myself in a few posts.. but i just want to clarify a few things and completely understand everything.

This is my story.. i am 17 from Sydney, NSW.. my boyfriend is from India and we are looking for a way for us to be together. He will come in late january 2011 and will be staying with my family and myself. Marriage is not an option for me yet.. so i'm looking for any other way for us to be together other than through a marriage visa.

I have some questions.. if you can answer one that's great :) if you can answer a few that's fantastic :) :) if you can answer them all you are the biggest life saver! :) :) :)

1. if he came here to study a certificate III in hospitality would that qualify him to apply for a work and holiday visa?

2. if he lives with me for 12 months we can then apply for a de facto partner visa. If his chosen course to study goes for less than 12 months then how can we keep him here for a longer period of time?

3. Example.. if he chooses a course to study which goes for 6 months can he then apply for a 6month tourist visa so it will add up to 12 months of living with me?

4. Are there any other options for us?? if there is please let me know.. i am very confused about this whole process and will greatly appreciate any help or advice that is given to me.

Thank you very much :)

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