DeFacto Partner Visa and Long Distance Relationships

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DeFacto Partner Visa and Long Distance Relationships


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Old 03-20-2014, 11:00 PM
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DeFacto Partner Visa and Long Distance Relationships

I am a Canadian who travelled to Australia on a Working Holiday Visa last year. In July I met a wonderful girl in Brisbane and we began dating until I left the city. She ended up travelling to Sydney with me for a few days before I left the country to return to my studies in Canada. Before we parted ways we agreed to enter a long-distance relationship. This was August 2013.

Upon arriving home we Skyped every day, often multiple times each day. We exchanged gift and still have the packaging from the gifts. We skyped eachother at family Christmas' and introduced eachother to eachother's extended family. We also started making plans to see each-other again. This resulted in her coming to Canada to live with me for a month in February-March of this year.

While she was here we got along famously, we really clicked and shared all duties and finances just like any regular couple would. We attended events together and started to talk about how we could make this more permanent. The only issue is we are both studying at University right now. I finish in April and she has a few more years. This means that she cannot leave Australia permanently for at least 2 years, so the only way we could be together is me coming there.

As of August we will have been together for 12 months, so the Partner (Provisional) Subclass 309 is looking like the best visa for us. I am ineligible for a Second WHV since I didn't do my regional work. We are thinking ahead and want to have everything ready for our 12 month mark and apply shortly after so we can be reunited as soon as possible. Do you think this urgency will hurt our chances?

Both of us know that we're in a legitimate and real relationship, we're just a little uneasy because long-distance relationships aren't viewed as legitimate as physical ones. The catch is - since she's a student the only way we could live together is to be granted this visa. We've been able to open a joint-bank account with an Australian bank and we're going to try to get our relationship registered through the Queensland government. We're still a litter nervous though about spending all this money knowing that it could lead to nothing. Any thoughts or advice?


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Old 03-20-2014, 11:38 PM
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You should look into a Prospective Marriage Visa, if you are open to the idea of marriage. The PMV 300 would be a better fit for your level of evidence at this stage.

Kttykat




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Old 03-21-2014, 12:34 AM
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I agree wholeheartedly with KttyKat on the PMV sc. 300 for your situation.

Generally speaking, "de facto" is usually interpreted as two people in a relationship living together on an ongoing and indefinite basis. It appears that you have only had one month cohabitation? If so, then, although registering the relationship will waive the requirement for 12 months living together, it still seems very sketchy to only have one month.

What other evidence do you have to address the four broad criteria? Remembering that you also need to prove "nature of household" along with the social, financial and mutual commitment aspects. I think it really depends on your evidence, and you need to have strong evidence, especially since you're using registration to waive the cohabitation requirement.

I still think the PMV might be the best option for you, if you are ok with the idea of getting married within 9 months of the visa being granted?

Good luck!!!

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Old 03-21-2014, 01:52 AM
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http://www.immi.gov.au/allforms/booklets/1127.pdf

I agree with others, try PMV instead, if you are planning to get married.


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Old 03-21-2014, 02:15 AM
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Another vote for Prospective Marriage Visa (PMV) from me

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Old 03-21-2014, 04:01 AM
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Well we are planning on marriage, we didn't envision it that soon.

Alternatively, the Skilled Independent Visa could be an option. My occupation (teaching) is listed as on the occupation list. However, being fresh out of school this April, I have no experience. I think I could hit the 60 point threshold:

Age - 24 - 18-24 = 25 points
English Language Ability - Native Speaker from Canada so I'm thinking I have Superior English - 20 points - do I need to take tests to prove this?
Qualifications - Bachelor degree (I have two) from Canadian universities that should most certainly be up to Australian standards - 15 points

That totals 60 points. The only thing is I don't know what test I have to take to prove I have Superior English. Are there additional fees for this test and to have my qualifications assessed? With these fees in addition to the $500 more this costs than the DeFacto Visa, is it worth it knowing that I'd have a stronger case?


Thanks for all the help everyone, this forum is a great resource and it helps to speak with people who have been through the daunting process!


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Old 03-21-2014, 04:18 AM
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You'd still have 9 months to marry after the visa is granted and it takes at least 6 months or usually more to grant so it wouldn't be marriage like, right now, if that makes a difference

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Old 03-21-2014, 05:16 AM
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Quote:
Originally Posted by enjoyIncubus View Post
Age - 24 - 18-24 = 25 points
English Language Ability - Native Speaker from Canada so I'm thinking I have Superior English - 20 points - do I need to take tests to prove this?
Qualifications - Bachelor degree (I have two) from Canadian universities that should most certainly be up to Australian standards - 15 points

That totals 60 points. The only thing is I don't know what test I have to take to prove I have Superior English. Are there additional fees for this test and to have my qualifications assessed? With these fees in addition to the $500 more this costs than the DeFacto Visa, is it worth it knowing that I'd have a stronger case?
To get the 20 points for superior English , you need to score at least 8 points in all 4 components of the IELTS test. You have to pay for the test separately.

If you decide to take the test, do some preparation and dummy exams first.I know quote a few native speakers who didn't manage to get the required scores, so it is a good idea to familiarise yourself with the process first.

You would also require a positive skills assessment and teacher registration, which might be tricky without work experience.

If you qualify for a skilled visa, the advantage is that you won't be dependant on your partner and will get PR immediately instead of a provisional visa first. Overall, a PMV would probably be easier and cheaper.

Canada | Take IELTS

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Last edited by CCMS; 03-21-2014 at 05:21 AM.

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Old 03-21-2014, 01:51 PM
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Keep in mind that not all types of teachers are on the SOL/CSOL. Make sure the type of teacher you are (secondary/special needs/etc.) fits with what is listed. And as CCMS stated, in order to get a positive skills assessment you will likely need years of experience that you're unlikely to have at this point. And yes, skills assessments can be very costly depending on the assessing authority (sometimes into the thousands of dollars). If this is an avenue you want to pursue, make sure you really fully research the skilled visa you're looking into so there are no nasty surprises.

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