Prospective marriage or de facto?

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Prospective marriage or de facto?


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Old 05-09-2011, 08:30 AM
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Prospective marriage or de facto?

Hello,

I am struggling to make a decision on what kind of visa I should apply for.
Perhaps I can ask your advice as I have few questions I have not found an answer to.

I have been together with my partner for 12 months, we have traveled together and lived together for about 6 months. However, we do not have any legal proof that we have lived together as there are no rental agreements or anything of that sort as we have lived in a family farm.

1. Would a stat dec be enough to evidence that we have lived together on the farm?

In a case that we would be eligible for the de facto visa I would then be able to stay in the country on a bridging visa, however as I am currently on a tourist visa I would have to apply for work rights.

2. Does anyone have experience on this? on what basis can I appeal to financial hardship? would i for example be able to say that since my partner has a severe condition, that causes us financial stress.

We have also thought about applying for a prospective marriage visa but the problem is that I would have to wait outside the country for months and that is really out of the question as my partner is severely ill and has a major operation coming up.

3. is it possible to speed up the visa process on the basis of compassionate circumstances, i.e if the doctor can declare that I am my partner's primary carer? Does anyone have any experience in this?

Finally, I wanted to ask, if we now got married, while I am on a tourist visa or outside of the country, and my partner is a permanent resident, what kind of rights would that give me, or would I still have to undergo similar visa process?

any help is greatly appreciated.

thanks you


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Old 05-09-2011, 10:34 AM
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Hi there,

If you are already in Australia, and you are thinking about marriage, then maybe you should get married and apply onshore for a spouse visa. I fear your de facto application would be rejected on grounds that you don't have enough evidence for 12 months living together. Just check that your tourist visa doesn't have a no further stay condition on it. If it does, you'll have to go offshore to lodge.

The PMV is an avenue that people with less than 12 months living together take, as this is not a PMV requirement. But, it takes the same time to process and you have to apply for a spouse visa again once married onshore. So, getting married now whether you apply on or offshore afterwards is a better option in my view.

I don't think DIAC will speed up anything because of your partner's health, but it could certainly be useful in argueing your case to get work rights added to your bridging visa.


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