Applying for a partner visa to Australia - 12 month living requirement?

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Applying for a partner visa to Australia - 12 month living requirement?


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Old 03-16-2011, 01:07 AM
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Applying for a partner visa to Australia - 12 month living requirement?

Apologies for posting yet another query to do with the De_facto/partner visa as you must get similar questions to mine daily, but there's simply so much information on the net - a lot of it contradictory, much more of it scarily difficult to digest - that it's hard to take in.

I'm a 30-something English professional who is looking to apply for a Partner visa in order to stay with my Australian de facto girlfriend in Australia. We are in a committed relationship and have been for over a year (and can provide statements from friends and family to this effect) - but have only lived together for 6 months. We have joint financial commitments, share bills and also have countless social information such as photos, joint holiday plans, itemised telephone statements of our interactions etc etc.

However, having spoken to the Dept of Immigration hotline I was told I must provide evidence of LIVING TOGETHER for 12 months to be considered. This is contradictory to some information I've read on web forums where people have been successful with just 6 months co-habitation.

Was the person I spoke to incorrect? Or is the "12 month requirement" the official line when there is in fact some 'off the record' leniency?

It is a very frustrating situation - my visa (currently on a non-working tourist visa in the hope that we'd have been eligible to switch fairly painlessly) expires in 8 weeks and I fail to see how it's even possible to meet the requirement without major upheaval to both our lives (eg both moving to the UK, in which my partner will have to forgo career ambitions in her current job as a physiotherapist, as well as go through a similar process to what I'm facing now!) which we were hoping to avoid.

Any advice will be greatly appreciated.


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Old 03-16-2011, 04:20 AM
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Quote:
Originally Posted by wirral View Post
Apologies for posting yet another query to do with the De_facto/partner visa as you must get similar questions to mine daily, but there's simply so much information on the net - a lot of it contradictory, much more of it scarily difficult to digest - that it's hard to take in.

I'm a 30-something English professional who is looking to apply for a Partner visa in order to stay with my Australian de facto girlfriend in Australia. We are in a committed relationship and have been for over a year (and can provide statements from friends and family to this effect) - but have only lived together for 6 months. We have joint financial commitments, share bills and also have countless social information such as photos, joint holiday plans, itemised telephone statements of our interactions etc etc.

However, having spoken to the Dept of Immigration hotline I was told I must provide evidence of LIVING TOGETHER for 12 months to be considered. This is contradictory to some information I've read on web forums where people have been successful with just 6 months co-habitation.

Was the person I spoke to incorrect? Or is the "12 month requirement" the official line when there is in fact some 'off the record' leniency?

It is a very frustrating situation - my visa (currently on a non-working tourist visa in the hope that we'd have been eligible to switch fairly painlessly) expires in 8 weeks and I fail to see how it's even possible to meet the requirement without major upheaval to both our lives (eg both moving to the UK, in which my partner will have to forgo career ambitions in her current job as a physiotherapist, as well as go through a similar process to what I'm facing now!) which we were hoping to avoid.

Any advice will be greatly appreciated.
The intention of the Department is to make the migration process easier however sometimes a mix of information make it more confusing.

The DIAC follows the Internal Policies and Direction and for the purpose of Spouse Visa, the Case Officer will assess the relationship criteria following those guidelines.

What I believe you should be aware is that De Facto application are assessed under the relationship it self not only on the factor of cohabitation.

If you require any further information, please contact the JustVisas Migration in Australia website.

Good luck,

Andre


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Old 03-16-2011, 05:27 AM
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Looks like Andre is out for some business but you ought to have a read of what is on the Immi site as it is very clear and that is a 12 months relationship unless you have a situation that will see that waived.
You'll see details for waivers under the eligibility section @ Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801)

You could look at aspects like marriage or getting a relationship registered if in NSW, Vic., Tassie or the ACT but you're leaving your run a bit laye for the latter and even for marriage.

Some people might decide on travelling abroad for a short period and then returning on an ETA to add extra time but there are risks with that for you may questioned on re-entry after already having been here a time.
The other approach open to you will be to apply for the PMV once you're back overseas.





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Old 04-07-2011, 09:54 AM
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business

Looks like Andre is out for some business but you ought to have a read of what is on the Immi site as it is very clear and that is a 12 months relationship unless you have a situation that will see that waived.
You'll see details for waivers under the eligibility section


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Old 04-07-2011, 09:54 AM
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Looks like Andre is out for some business but you ought to have a read of what is on the Immi site as it is very clear and that is a 12 months relationship unless you have a situation that will see that waived.
You'll see details for waivers under the eligibility section


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Old 04-07-2011, 12:54 PM
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Question (perhaps silly)

Quote:
Originally Posted by marrie11 View Post
Looks like Andre is out for some business but you ought to have a read of what is on the Immi site as it is very clear and that is a 12 months relationship unless you have a situation that will see that waived.
You'll see details for waivers under the eligibility section
Wouldn´t getting actually married get rid of the 12 month living together requirement? (from what I understand that requirement is specifically set for partner visa applications based on de facto relationships, but not for the ones based on marriage)

... granted, even if you are married you will have to show evidence of a serious ongoing relation, but I believe that if you are legally married you do not have to show evidence of living together that long. I believe that you have to be living together as a married couple at the time of application, though.... (but if you have still 8 weeks, you could get married now and then apply just before your current visa expires, I suppose)...

Again, I am not expert on the matter, if I am saying something factually not true please advise!... :-)


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