Partner Visa, Defacto 1 year relationship requirement

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Partner Visa, Defacto 1 year relationship requirement


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Old 03-22-2011, 08:52 PM
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Partner Visa, Defacto 1 year relationship requirement

Hi everyone, Im an Australian citizen who has a partner from Mexico. We have spent the last few months collecting everything needed for our partner visa to be sent to Washington DC. This website has been a great help in answering many of our questions...

HOWEVER, Ive encountered a problem today after calling the embassy. The man informed me that most defacto/partner visas are rejected because the couples have not been living together for a year & do not pass the 1 year relationship requirement for a defacto relationship.

Abit of background about our relationship- We met June 2009 & were official in March 2010, we wanted to live together ASAP but this was not possible because he was in Mexico finishing college & I was in Canada working. We moved in together in May 2010, but decided after a month that I would go back to Canada & save more for our future (I cant work in Mexico & he didnt have a job because of college). Finally we moved in together in November & have been living together in Mexico ever since...

We had thoroughly researched this beforehand & from my interpretation of the migration booklet & fact sheets on the imm website, I thought that we could put the official start of out defacto relationship as March 2010..as long as we have sufficient evidence to prove that these periods of separation were because of circumstances such as him not being able to go to Canada& me not being able to work in Mexico..we have alot of evidence to prove that our relationship is continuing & genuine as well as all the statements needed to support this fact.

The only problem is that we have not been living together for a year. Its will be hard to continue to live together, especially because I cant work here in Mexico. Does anybody have a similar situation to this or could offer us any advice on what we could do? Any advice would be helpful...

Would it be better to get married here & apply for a spouse visa or a prospective marriage visa? I thought we were almost ready to submit but now Im so uncertain as to what to do

Thanks...


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Old 03-23-2011, 07:18 AM
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Hi,

As the guy from immigration rightly told you, the main reason for rejection is not having 12 months living together. If I were you, I would try for a PMV, or get married overseas and apply for an offshore married spouse visa.

It's not worth waisting the almost $2000 de facto application when it's most likely you won't get it, so try for a fiance or married spouse visa if you get married first.


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Old 03-23-2011, 04:43 PM
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Thanks for the reply aussiegirl, yeah your right, not worth applying only to be rejected.

We will try for one of the other 2 options

Do you think it would also be worth looking into getting my partner a tourist visa for Australia first, & then applying from inside the country for one of these other visas? I might have read somewhere that this a tourist visa cant lead to another visa, not sure..but honestly Ive torn my hair out with reading all this information..

Thanks


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Old 03-24-2011, 02:47 AM
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Hi again,

Glad that I could be of help

When considering coming onshore to do a partner visa application, you have to consider whether the tourist visa will have a 'no further stay' condition on it. If so, the person would have to go out of Australia (like New Zealand, SE Asia somewhere etc) to lodge the partner visa. They would also have to go out again to get the visa when it is approved.

Also, another issue is honesty and the intent of the person. If you have it in mind to applly for a partner visa once in Australia, then you're not a genuine tourist. And if immigration officers or customs at the airport suspected that they wanted to lodge another visa onshore, they could be turned away. Also, the person would not be able to work on a tourist visa, so they could be sitting around in Australia for up to 10 months with no income coming in while they wait. Considering these points, I would say an offshore visa is wiser.

Take a look at the sticky:

http://www.australiaforum.com/visas-...ing-visas.html

I know it's confusing and there are a lot of issues to consider. I hope this helps you make a decision.


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Old 03-24-2011, 04:31 PM
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Thanks!

Your definetely right, we dont want to do anything to hinder the application or my partners chances of migrating to Australia..

Alot of great points to consider Aussiegirl

We will figure things out, the offshore PMV or spouse visa seem the way to go, we wanted to get married anyway, then we can just get on with our lives & be happy after all of this application process is over

Thanks heaps for ur help


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