Same Sex - 1 year living together rule - Tourist Visa question

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Same Sex - 1 year living together rule - Tourist Visa question


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 05-30-2011, 04:41 AM
Junior Member
 
Join Date: May 2011
Posts: 4
Please update your flag here .

Same Sex - 1 year living together rule - Tourist Visa question

Hello all!

My partner lives in the United States, and we have been in a long distance relationship for 7 years, with yearly trips made by myself to visit him. As we are same sex, we would eventually be applying for a de facto visa. The issue is the 1-year living together requirement. To work around this, we are planning for him to come here on the Work And Holiday visa. He is 28, and we're planning to do this in the next couple of years, obviously before he turns 31.

My issue is the Work and Holiday visa is 12 months long, and the requirement is 12 months living together. How would we go about getting him the de facto relationship visa when the 12 month day of him living with me would be the day he would have to leave from his tourist visa?

Further information: I have recently moved back in with my parents after living 7 years away from them. The plan would be to get our own place, shared bank accounts, bills and the like, but it might take a while.

Could I theoretically visit him for 3 months on a Visa Waiver to the US and fly back into Australia with him on the start of his holiday visa, that way I have "lived" with him for 3 months before the 12 month holiday visa begins?

If we do that, would that be suspicious, in terms that it would be obvious when applying for the defacto visa that we planned for the 12 month holiday visa to constitute the 12 month living together requirement?

Also I've read about the whole going to NZ in the final month of the tourist visa then coming back on an ETA, but I've also read where they're beginning to refuse people who use this loophole, so I would rather not go this route.

Any advice on how to go about this please! We've lived apart for 7 years, with me trying to move there through the US diversity lottery to no avail. So now we're faced with him coming here before he turns 31 on the holiday visa.

Thanks for the help!


Last edited by AussieAmerican; 05-30-2011 at 10:18 AM. Reason: Clarifying visa type

  #2 (permalink)  
Old 05-30-2011, 09:35 AM
Moderator
 
Join Date: Dec 2009
Posts: 895
Users Flag! From australia

88 likes received
1 likes given
Hi there,

I have looked on the DIAC site and think that your partner should try this visa instead:

Work and Holiday Visa (Subclass 462)

I think it would be a better option for your partner since it allows short-term employment, which a tourist visa doesn't, and lasts for 12 months. It will take some time to prepare the application, but it's a less riskier option than the tourist visa.

__________________

  #3 (permalink)  
Old 05-30-2011, 10:10 AM
Junior Member
 
Join Date: May 2011
Posts: 4
Please update your flag here .

Thanks for your response!

That is actually the one I meant in my original one, sorry about the miscommunication.

I'm wondering though, since it allows him to stay for 12 months, and it requires 12 months living with each other, how do I go about applying for defacto before he has to leave?

Could you perhaps go back to my original post and read it with the Work/Holiday Visa in mind and give me your thoughts? It would be greatly appreciated!


Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 05-30-2011, 10:31 AM
Moderator
 
Join Date: Dec 2009
Posts: 895
Users Flag! From australia

88 likes received
1 likes given
Well, the applicant has some time before they have to enter Australia and activate the visa. So, you could go over to stay with your partner until the last possible day he has to enter. This would give you a few extra months together possibly and give you a few months at the end of the visa within which to prepare and lodge the partner application before his visa expires. He would then go onto a bridging visa giving him the same conditions as the visa he is on until a decision is made on the de facto visa.

__________________

Last edited by aussiegirl; 05-30-2011 at 10:34 AM.

  #5 (permalink)  
Old 05-30-2011, 11:54 AM
Junior Member
 
Join Date: May 2011
Posts: 4
Please update your flag here .

Thank you very much! That was what I was hoping Will there be any issues with him coming specifically on a work/holiday visa purely to gain the year living with partner time? Like is it something that we shouldn't even mention to immigration, or is it a non-issue?


  #6 (permalink)  
Old 05-30-2011, 12:20 PM
Moderator
 
Join Date: Dec 2009
Posts: 895
Users Flag! From australia

88 likes received
1 likes given
I would say he needs to be cautious about mentioning anything about his future intentions.

__________________

  #7 (permalink)  
Old 05-30-2011, 12:20 PM
Junior Member
 
Join Date: May 2011
Posts: 4
Please update your flag here .

Ok! Thank you for your help!


Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Proof of living together on a tourist visa rywo Visas and immigration 17 10-11-2011 12:28 PM
Partner - Not living together, but in 5 year relationship. jonty129 Visas and immigration 4 08-18-2010 01:34 PM
about one year tourist visa without exit every 3 mnths jagoncillo Visas and immigration 1 06-08-2010 01:48 AM
reason for a 1 year tourist visa jagoncillo Visas and immigration 1 04-20-2010 06:00 AM
second year WH - TOURIST VISA happybear Visas and immigration 1 02-19-2010 08:05 AM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 10:24 PM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com