Strong enough application? HELP!

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Strong enough application? HELP!


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Old 04-17-2014, 11:14 PM
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Strong enough application? HELP!

Hello all,

I'm a new member of this forum, just signed up today. The information and advice on here is fantastic! I'm hoping we can get some advice about our visa application and whether we have a strong enough case to apply yet. So I will explain my situation and any advice of hints would be greatly appreciated.

I am an Australian citizen and my partner is Fijian/Rotuman. We met last year in April while I was on holidays in Fiji. We exchanged numbers and when I got back home we spoke every day for a month and really got to know each other. We decided that we wanted to be in a committed relationship early on (around May). I know this seems soon but there was no questions in our minds once we got to know each other that this was real. We skyped, emailed, called each other and chatted on facebook every day.

In September 2013 I went to Fiji for two weeks and stayed with him and his family. When I came home we skyped, emailed, called, and facebook chatted every day.

In December 2013 he came to live with me for 2 months, however we didn't have his name on the lease. While he was here we discussed our plans for the future and decided that it would be best he would move here, as I could not move there due to work commitments and a family illness.

We have been unable to live together in this time because I am a teacher working full time and cannot leave my job. My sister is also being put on the waiting list to have a lung transplant, as she has cystic fibrosis, so I need to be here for when that happens. He is unable to come here to live with me yet, as he can only get a tourist visa and would be unable to work. He is also finishing a university degree in Fiji, which we hope he will use to assist him in gaining employment if he moves here.

We have our relationship registered and I understand this waives the 12 month living together requirement.

The evidence we have is...
- relationship registration certificate
- Flight tickets for me to Fiji and him to Australia
- Joint bank account
- emails, skype chats, facebook and text messages, call history for the time we were apart
- Photos of him and I with friends and family in Australia and Fiji
- Statutory declarations from 5 people in Australia and 3 in Fiji
- Receipts of activities we did together while he was in Australia
- Birthday and wedding invites with both our names on

I have read a lot of the posts on here and so far I gather that we need to explain every piece of evidence we have and if we don't have something we need to explain why. We wanted to apply for the visa offshore in July this year, which would mean we meet the 12 month relationship requirement.

If anyone out there can help us by letting us know if we have a chance of having our visa approved before we apply and any tips we would be so appreciative.

Good luck to everyone and thank you in advance


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Old 04-17-2014, 11:57 PM
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When does he finish university? have you considered a PMV? It seems to require less evidence.


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Old 04-18-2014, 12:13 AM
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The question I would have is .... does registering the relationship waive the 12 months of living together for offshore applications. There was someone recently who did that for an offshore application and they were asked for more evidence etc which makes me question if it does or not.

The 12 months living together is just one factor you need to consider, you need to have the evidence to support it too. You have only lived together for 2 months, even with registration they are probably not going to like it they would atleast expect that you have lived together for a reasonable period.

I think that the PMV is a better option if you are planning marriage as it requires less evidence.

In regards to the degree one thing with international degrees is the whole degree may not be recognised in Australia so he will be required to do further study in Australia. There is an organisation in Australia that assess the degrees and compares them against ours.


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Old 04-18-2014, 12:36 AM
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As others have said, registering your relationship waives the 12 month living together but you would need strong evidence in all other categories. How do you financially support each other? Do you send each other money on a regular basis? Do you both use the joint account, or was that only for when he was living in Australia for 2 months. How about the social aspects of your relationship? For a relatively short relationship such as this, and the fact that most has been online contact I think a better route would be a PMV - you have more than enough evidence for that. But this is only my opinion

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Old 04-18-2014, 12:44 AM
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I know I wouldn't feel at all confident submitting a partner application based on that amount of evidence. It appears to me that you're in a serious dating relationship but not enough for de facto. If you have decided to get married, I'd apply for a PMV.

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Old 04-18-2014, 05:11 AM
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Quote:
Originally Posted by Mish View Post
The question I would have is .... does registering the relationship waive the 12 months of living together for offshore applications. There was someone recently who did that for an offshore application and they were asked for more evidence etc which makes me question if it does or not.

The 12 months living together is just one factor you need to consider, you need to have the evidence to support it too. You have only lived together for 2 months, even with registration they are probably not going to like it they would atleast expect that you have lived together for a reasonable period.

I think that the PMV is a better option if you are planning marriage as it requires less evidence.

In regards to the degree one thing with international degrees is the whole degree may not be recognised in Australia so he will be required to do further study in Australia. There is an organisation in Australia that assess the degrees and compares them against ours.
Thanks for the quick replies everyone He finishes his degree at the end of this year. Mish, I was wondering about the validity of the degree in Australia, but wasn't sure how to get more info about it. Do you know the name of the company that does this?

That's a good question about the registered relationship offshore, we will have to look into it.

I have a few more questions...

I am a little confused because when I went to see a migration agent (just out of interest) they said they can help with the application and thought it was strong and said that they can 'guarantee' it is granted? Is this even possible? They seemed like a genuine and large migration agency.

What can we do to make our application stronger? Is it a matter of more time in a relationship/living together? (even though when we apply in July, we will have been in our relationship over the 12 month requirement?)

What other evidence should we collect when we are not living together in this time?

Should we consider him coming here on a tourist visa and living with me in that time? He won't be able to work so would not be able to contribute to the finances which is the catch 22 in our situation

Im a bit stuck on what to do here. We do want to get married one day soon so this may be an option we could discuss. Does this mean that you have a better chance of being approved and need less evidence? I'm sure you would still need to provide similar evidence and prove it is a genuine engagement.

Thanks in advance, we appreciate the time you have all taken to reply to our many questions.


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Old 04-18-2014, 05:23 AM
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Quote:
Originally Posted by Engaus View Post
As others have said, registering your relationship waives the 12 month living together but you would need strong evidence in all other categories. How do you financially support each other? Do you send each other money on a regular basis? Do you both use the joint account, or was that only for when he was living in Australia for 2 months. How about the social aspects of your relationship? For a relatively short relationship such as this, and the fact that most has been online contact I think a better route would be a PMV - you have more than enough evidence for that. But this is only my opinion
Thanks for the fast reply. The only issue is that without living together, I'm not sure how to get strong evidence in the other categories. At the moment we are both just putting money into a joint account to save for when he moves here to get a house etc. We have also spent time together when we visit each other and are socially accepted as a De facto couple in both countries.

So do you really need less evidence for the prospective marriage visa? We want to get married at some stage but hadn't discussed this as an option for a visa.

This is all so confusing because we keep hearing different things from different people. Even immigration seem to say different things.

Thanks so much for the advice


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Old 04-18-2014, 06:03 AM
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Can you get that guarantee in writing? If they say that DO NOT use them!


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Old 04-18-2014, 06:12 AM
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Have a quick read on the following booklet:
http://www.immi.gov.au/allforms/booklets/1127.pdf

You probably will have an idea about the requirements for PMV vs a partner visa (de facto). IMO, de facto partner visa is a lot harder if you don't really live together for significant amount of time.

I think nobody can "guarantee" you a visa since they are not the one that grant you the visa.

The whole visa process can be really confusing at the beginning, but if you put some effort and time into it, you will see things much clearer and know where you are heading.


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Old 04-18-2014, 06:19 AM
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No, they can't guarantee your visa will be granted, and if they claim that then I'd look for another agent. They can perhaps guarantee you a better chance for success vs. doing it yourself, but not much more than that.

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