Partner on working holiday visa has to leave Oz Before we can apply for partner visa

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  • 1 Post By mascwendy
  • 2 Post By NiallC33

Partner on working holiday visa has to leave Oz Before we can apply for partner visa


 
 
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Old 09-29-2014, 08:43 AM
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Partner on working holiday visa has to leave Oz Before we can apply for partner visa

My partner is a US citizen who has a working holiday visa in Australia that expires in May 2015. We won't be living together until January 2015, and so cannot prove we have been in a de facto relationship until 12 months after this. He will have to leave Australia in May. Does anyone have any advice they can offer? Could he get a tourist visa to cover him during the gap between May and when we can apply for a partnership visa? Or is there a bridging visa that could cover him until then? Any hints or tips would be greatly appreciated. Apologies if this question has already be asked and answered elsewhere - I didn't find it when I searched the forums.

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Old 09-29-2014, 08:48 AM
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Any plans to get married? If so can apply offshore for a PMV.

The chances of getting a tourist visa after being here for 12 months is not great but you can always give it a true. IF he does get one do be prepared that he may get questioned and given a warning on the 2nd entry (alot of people seem to be getting questioned lately when they come back so soon).

Do you live in a state where you can register the relationship ie. NSW or QLD?


 
Old 09-29-2014, 09:40 AM
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The PMV will be your best option if living together longer isn't an option (can you follow him to the US for the remainder of the 12 months?). He can try for a tourist visa, but considering the WHV is basically a holiday visa with work rights, getting a follow-up tourist visa can be difficult.

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Old 09-29-2014, 09:54 AM
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Thank you both for your responses. We are a same sex couple so marriage is not an option. Furthermore, I live in VIC which means the relationship can only be registered after 12 months with BDM. It can be registered with Melbourne City Council but this registration is only token and cannot be used in terms of immigration. I cannot go back to the states with him as I work full time and have pets. I was thinking we could get married in the states (it is legal in his state) just to show our commitment to each other but this would not probably matter to australian immigration.


 
Old 09-29-2014, 09:54 AM
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Edited becAuse I wrote it in error


 
Old 09-29-2014, 12:06 PM
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Hi mascwendy
I am in a similar situation. Im Irish , went to Perth on a 1 year WHV, met my girlfriend in work, had to leave Australia when my visa expired. We continued our relationship but had no cohabitation time built up. We got wrong advice from an immi agent and we applied for an offshore partner visa which ultimately failed due to us not living together for 12 months. That was $7,000 we are never going to see again.
However, I applied for a tourist visa and had enough savings to last me 6 months in Australia. I landed in Perth in January of this year and moved in with my partner. We got some bills in our joint name, we had a joint bank account from a year earlier. My partner got a WHV for Ireland and we moved back here to build up the remaining time needed to meet the cohab rule and also for her to experience life outside Australia.
My advice would be to do similar as to what I have done do not throw your money away on what will be a doomed visa application if you apply now.
What state are you in. If you get your relationship registered, this can circumvent the 12 month cohab rule and you can apply but it is not valid in some states. For WA it isn’t and I think maybe SA as well
Best of luck with it, it’s a long tough road but well worth it in the end.
Niall

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Old 10-06-2014, 11:23 AM
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Thank you for this advice. We will try to get him a tourist visa or a student visa in the hope we can continue to live together for the 12 months. Don't live in a state that allows for registration of the relationship before the twelve months. Will take your advice and not throw all that money into the application before this. I cannot leave Australia as I have commitments with my work, but hopefully we can get him a visa to stay for an extra six months. Many thanks for the reply. My grandad was an Irishman and could always trust him to give some good advice!


 
Old 10-07-2014, 07:49 PM
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Quote:
Originally Posted by mascwendy View Post
My partner is a US citizen who has a working holiday visa in Australia that expires in May 2015. We won't be living together until January 2015, and so cannot prove we have been in a de facto relationship until 12 months after this. He will have to leave Australia in May. Does anyone have any advice they can offer? Could he get a tourist visa to cover him during the gap between May and when we can apply for a partnership visa? Or is there a bridging visa that could cover him until then? Any hints or tips would be greatly appreciated. Apologies if this question has already be asked and answered elsewhere - I didn't find it when I searched the forums.

I was on the same WHV as your partner. Unfortunately we have the 'No Further Stay' condition on it hence I had to leave Aus when my visa ended. Have been away for more than a month before I applied for an ETA and had no problems getting that. Only condition applied is the 'No Work'. Will be submitting my onshore application when I go back.

A migration agent consulted, who worked in the Immigration Dept before he retired, advised against registering our relationship with the state (Vic) before I left as it will affect my following visa (ETA) application. Something to do with them marking your ID, hence application for tourist visas might be rejected. Not sure how true that is but I didn't want to take the risk. So am only registering our relationship when I head back to Aus.


 
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