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Frustrated and panicked


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Old 02-20-2014, 06:24 AM
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Red face Frustrated and panicked

Hi,
I'm hoping someone can help me! I met my boyfriend in aus in November 2012 while on the second year of my working holiday visa. I'm from Ireland. We lived together for a few months but have no proof as he had his own house and bills were not really discussed. My visa was up so I had to come home in May. We thought we'd never see each other again and shut off contact. Months passed and we were both struggling so contact was made and we decided we needed to be together. I booked a flight to go over in July and he's looking to book another for the end of the year. We have not been living together for 12 months. What's out best option to being together? And is there things we can do between now and 2015(when I'm hoping to be there permenantly)? Any help would be very appreciated.


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Old 02-20-2014, 06:35 AM
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Unfortunately it sounds like your relationship is more dating than de facto, so there's no visa that would be easily applicable. Is marriage in the cards? If so a prospective marriage visa would be a good match for the amount of time you've spent together.

If marriage is not in the cards your only option is really going to be living together for at least a few months and collecting lots of evidence... if your boyfriend lives in a state where you'll be able to register your relationship. If he lives in a state where you can't, you're really going to have to find a way to live together/collect evidence for 12 months before you'll be eligible for a de facto visa.

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__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 02-20-2014, 06:47 AM
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Yes we have talked about marriage and we hope to someday but were hoping we could get married on our own terms as opposed to for the sake of a visa. The only other visa I could get would be a tourist visa for 3 months but surely that's not enough.


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Old 02-20-2014, 07:04 AM
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3 months might be a stretch even if you can register your relationship. What state does he live in?

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 02-20-2014, 07:12 AM
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Alternatively, is there any way he could join you in Ireland for a while to build up evidence for a de facto visa in Australia? I know you said he had a house, so I understand it wouldn't be easy for him to up and move over there for several months, but it's an option. I have a US friend who moved to Ireland to be with her Irish partner, and from what I understand they're on some sort of de facto visa that allows her to work and I don't *think* they needed as much evidence for that as you would for an Australian visa. I don't know much about Irish visas though... just an option!


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Old 02-20-2014, 07:23 AM
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As CG stated, you don't have a lot of options unless you are in a recognised defacto (12 months cohabitation minimum or valid relationship registration) or married relationship unless you consider the PMV.

What state does your partner live in? I think all states except SA and WA have relationship registration, but the criteria for getting the relationship registered does vary from state to state with NSW seemingly the easiest to obtain.

I know it can leave a bit of a bad taste in your mouth to look at getting married just for the convenience of a visa, but it doesn't necessarily have to be looked at that way. What I mean is, why do people get married in the first place? Because they want to spend the rest of their lives with someone and want that piece of paper to wave like a flag to prove that. While I understand that marriage isn't for everyone, it doesn't really add or subtract anything substantially to a genuine defacto relationship except add a piece of paper (which is important to some and not so important to others).

I guess I've never really understood why people would oppose marriage when it makes getting the visa so easy. I mean I can understand why people in defacto relationships just never get around to marriage or to whom it just isn't important enough to bother with since being defacto affords pretty much all the rights that being married does. I can understand why people wouldn't want that level of committment to someone else in the first place, but strictly speaking from the point of view of the visa, the level of commitment has to be exactly the same regardless of marital status - with evidence. The work and commitment is the same in the context of the visa, and marriage waives that cohabitation requirement and is such a simple solution to what is often such a perplexing and aggravating problem.

I'm not trying to sound bossy, lol. I'm not you and can't possibly make any judgements on your choices but maybe you could look at marriage differently and it might not seem like such a bad idea. It's the path we took and honestly everything pretty much stayed the same

Good luck with whatever you choose xxxx

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I'm the Australian wife, in love with the American dream!

820 partner visa, applied onshore January 3, 2014. Approved September 8, 2014.

Sending love and light and my best wishes to all the lovebirds just trying to make their dreams come true xxxx

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Old 02-20-2014, 08:33 AM
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Quote:
strictly speaking from the point of view of the visa, the level of commitment has to be exactly the same regardless of marital status - with evidence
Yes, this. These visas are supposed to be for people who are either married, getting married, or who have the same level of commitment as married people. Unfortunately that can make it hard for dating couples on different continents who are trying to be together so they can REACH that level of commitment... but that's not the issue the partner visas are meant to solve.

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__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 02-20-2014, 08:40 AM
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He's from WA so relationship registration is not an option. So what can I do over the next year to make this possible? We are serious and do plan to get married. But is that the only way?


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Old 02-20-2014, 08:45 AM
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If he lives in WA, your options are to find a way to live together outside Australia and share expenses/households for 12 months and then apply as de facto, or to get married (and even if you get married, try to make sure before you apply you've lived together for a few months and collected financial/household evidence first).

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 02-20-2014, 08:48 AM
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Since he is living in WA then your only options are to figure out a way for the two of you to live together for 12 months - keeping in mind that immigration will want a very good reason for any time spent apart in that 12 months. Or, you could get married and apply based on marriage or apply offshore for the PMV and marry within 9 months of the visa grant. As you've stated, a 3 month tourist visa will not be enough to satisfy the requirements for a defacto visa.

There just aren't any other options for people in your situation when it comes to partner visas.

I'm sorry and I know it's frustrating.

CollegeGirl likes this.

__________________
I'm the Australian wife, in love with the American dream!

820 partner visa, applied onshore January 3, 2014. Approved September 8, 2014.

Sending love and light and my best wishes to all the lovebirds just trying to make their dreams come true xxxx

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