On 1 year relationship requirement

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On 1 year relationship requirement


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Old 02-27-2011, 07:33 AM
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On 1 year relationship requirement

Hi all,

I got one major dilemma regarding the point above and I hope to get as much answers as I can.

Although I feel like I will not have any problem to get the De facto visa, because I have been collecting stuff for the last 2 years, I do want your opinion about something.

To make a long story short, in June 2008 I started my De facto relationship till September 2010 when my partner left to go back to OZ.

I am due to apply soon and I am concern that I will have problem with the requirements as one year relationship is the requirement prior applying for the visa.

Now I don't really get this point: does it mean that you have to be with your partner for at least the previous 12 months immediately before applying for the visa or literally at least 12 months before applying for the visa?

I have got evidence from June 2008 till August 2010, which is more than 2 years and the reason why I have not applied yet is because I have to stay in Europe till the end of August 2011 for job reasons, so now, I guess, is the right time to apply as It might take up to 5 months.

Any advice will be much appreciated.


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Old 02-27-2011, 01:00 PM
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You do have something of a problem or very possibly could as it is normally expected that a couple are together when a partner application is applied for or at least a few months separation but you're now bordering on six months.
You could attempt to explain your reasoning for the wait but you will be taking a risk.
If you both believe that marriage down the track is a possibility, it would be much surer to apply for a PMV.





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Old 02-27-2011, 01:47 PM
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Hi wandered, thank you much for your answer.

The reasons why I have not applied before are personal and reasonable for us but they might be questionable for the case officer.

I feel like I need a professional advice here as the situation is getting a bit complicated now and I like to avoid the risk, therefore in the worst scenario I will go for the PMV.

Appreciated your answer so much.

Thank you.


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Old 02-27-2011, 06:50 PM
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Hi Wander, I can't obviously stop looking for info about the PMV.
Me and my partner are not engaged, would that be a problem? Also, as I want to avoid paying twice for the same thing, I was reading that if you marry before the PMV is granted then you can apply for the permanent instead. That would save me an extra 1735 dollars. Do you think that they will not consider my de facto relationship from June 2008 till September 2010 at all? We have been together for nearly 5 years. What would you do in my situation? Would you go fro the PMV? To me it doesn't make any difference really and I am sure my partner will marry me even if it is not the right time to do so as we want to do a nice ceremony with all the whole family... I really appreciate your help, I will get phone consultation with someone as well.


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Old 02-27-2011, 11:48 PM
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You can get some advice through a consultation with an agent and at best it'll vaguely follow what is shown in the regulations.
As you've found yourself in Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100) they do stress the relationship being " immediately before " and " You and your partner must be living together or, if not, any separation must be only temporary. " and if you follow the 12 months relationship requirement link you'll find and example of being apart for four months and though it is similar to your situation it is a little different and so even with consulting an agent it'll ultimately be up to a CO and they or their superior will probably be loathe to be setting what they may see as a precedent though if otherwise you had the strongest of cases you may be successful but it'll be borderline I suspect.

If you have applied for a PMV but decide to marry before the visa is processed you should then advise the department and it is the partner visa your application will then be considered for, be it TR or PR and that depends on relationship time and/or children etc., details @ Prospective Marriage Visa (Subclass 300)

As for the cost, there is no saving of $1735 and you need to study more closely what is on Partner Category Visa Charges there being $1735 for an offshore partner visa and a PMV and then onshore when you hold a PMV it'll be another $840.

I'd be looking at the PMV myself.





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