Partner visa or not? Living together requirement

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Partner visa or not? Living together requirement

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Old 11-08-2010, 10:26 PM
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Question Partner visa or not? Living together requirement

Hi everyone,

I have tried to gather informations on this forum about the partner visa, and I am still unsure whether it would work for me.
Let me explain the situation:
I am French, and I met my Australian boyfriend in Denmark while we were both on exchange in Universities in Copenhagen. We were living in the same residence hall.
We started dating in April 2008. We had to go back to our respective countries at the end of July 2008
We had to be apart as I was studying in Paris and he in Melbourne.
He came and stay 2 months with me in France, we were living together during December 2008 and January 2009.
I stayed with him at his parents house from March 2009 till September 2009 (7 months). He started a job and I was on an internship for my studies.
I had to go back to France for my studies and could only come back for another internship from April 2010 till October 2010. This time we rented toghether a flat.
Now I have graduated and free to go where I like and we want to live together in Australia in our flat.

Do you think this would be enough for the 12 months requirement?
In all we have been together for 2 and a half years and have been living together for more than a year, but we had to live apart for long periods of time.
I have started to gather all the necessary documents for the visa, but reading this forum made me uncertain. I don't want to pay 1800 AUD for nothing. Then I'd rather go for the skilled migration and pay more, but be sure of the result.

Thank you beforehand for your help and suggestions.

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Old 11-09-2010, 12:52 AM
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You are probably in a bit of a grey area smurf and I would suggest that an application could still be rejected for whereas with an example on Australian Immigration Fact Sheet 35. One-Year Relationship Requirement
there is provision for employment having people apart, I would not think they will be as generous in considering study activities and your gap in the time together is some six months or so.
My job in Australia does not allow me to travel to my partner's country to live there for extended periods. We have been in a relationship for 12 months but lived together for only eight months. Will I be eligible to sponsor my partner to Australia?

You may be eligible. It is recognised that it is possible for the parties to be physically apart for periods of time, due to work or travel commitments, yet committed to a shared life.

In assessing a relationship, a number of factors other than periods of physical cohabitation are taken into account.
Another approach for a partner visa could be getting a relationship registration with the Victorian government - though another potential problem there as one requirement is for both applicants to be normally resident in Victoria and as such they are apparently rejecting applications from people on temporary visas like tourist visas.
They may look at a longer stay on student visas as being different and it could be worth enquiring at least for if you have time to get the relationship registration, that waives the 12 months requirement of the partner visa, though you still otherwise need the relationship evidence.

Getting a skilled visa may present problems for you as unless you qualify for an onshore visa through having a full two years study in Australia[ 92 academic weeks in at least 16 months] , you would have to apply for an offshore visa for which at least 12 months experience is a requirement.
There are the Employer Sponsored visas if you could find an employer prepared to sponsor you, and even a temporary residency visa would allow you to get the 12 months together established.

Another approach you may want to consider where you will not rely on registration nor an employer and remove any risk would be to apply for a Working Holiday Visa.
You need to do so from outside Australia, so a trip to NZ or Asia would be necessary, apply online and they are usually granted within days if not the same day and then on return, you have 12 months and if you wanted to go and do three months regional seasonal work or WWOOF Australia Official Website you can get a second 12 months and so either way you will have ample time to make that 12 months together.

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