De Facto Partner Visa

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De Facto Partner Visa


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Old 06-21-2011, 07:36 AM
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De Facto Partner Visa

Hi All,

I read through many websites and forums and I find that the resources here are very helpful and the members replying to questions are very knowledgeable. So I really hope there is some good advise for me as my situation is unique and complicated.

I'm Malaysian and I met my partner online in February 2011. He is Austrian living and working in Australia and is still awaiting his work visa which has been taking 7 months so far to be approved (to date)...he only recently received a confirmation that he's on a bridging visa and does not need to leave the country and that his physical visa should be with him in 2 weeks.

We have been corresponding with each other since February 2011 on e-mails and skype and I finally went down to meet him in early June and we've decided that we want to be permanently together (living together). We also would like to apply for a de facto partner visa but I've read that we need 12 months evidence of living together which we don't have.

My question is, how do I live together with him for to collect the evidence of our12 months relationship and then apply for defacto?

1. Do I fly in and out on a tourist visa - entering Australia 3 months at a time?
2. Is there any temporary/bridging visa option so that I don't have to keep flying in and out?
3. Prospective marriage visa - how does this work in my situation if we decide to get engaged soon?
4. Any other options you can suggest to me?
*more info about me: I did not complete any diploma or degree but I have 15 years of work experience, and I'm 32 years old which is too old to apply for a working holiday visa

I know the easiest option is to get married and I read somewhere that we can also register our relationship in Australia? Is that like a civil marriage?

I really hope there is a way...I know there is...and we're going to work towards it together.

Look forward to hearing from anyone with good advise.

Thank you in advance.


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Old 06-21-2011, 07:55 AM
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Hi there,

Here is information on the PMV:

Prospective Marriage Visa (Subclass 300)

You could get a tourist visa and apply onshore, but there are more risks in this and is logistically trickier. Read this sticky for a brief rundown:

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

I'm not advocating marriage as a means of getting a visa to live in Australia. But, since you are already a comitted couple, it would greatly simplify the process.

You can register the marriage, but only for residents or NSW, VIC or ACT. This requires evidence of a comitted relationship too and there is a waiting period between application and grant, just in case applicants want to withdraw. It is considered a step to being a civil marriage, so it's a large legal comittment.

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Old 06-21-2011, 08:03 AM
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Thank you Aussiegirl for your quick reply

I'm guessing there is no such thing as a temporary/bridging visa to live with my partner first before applying for a partner visa. But this makes it complicated when we're supposed to gather evidence of us living together. I hope someone can shed some light on this for me.

Thanks!


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Old 06-21-2011, 08:28 AM
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If you don't have evidence of living together, then the PMV is your best partner option right now. The PMV doesn't require 12 months living together, only that you have arranged a marriage, are free to marry, have met eachother and are genuine. You could also get married and then apply for a partner visa as a married spouse. This also doesn't really require a minimum time living together, but requires that you don't live appart permanently.

If you could apply for a student visa, or skilled/ sponsored working visa, you could get time together onshore and lodge a de facto visa. You would get a bridging visa if you applied onshore and your current visa expierd before the partner visa was granted.

If you don't have enough evidence of living together, you need to show a lot of othe evidence to prove you are serious about being together and have been comitted to each other. Look at the list of suggested evidence in the partner booklet. You need to concetrate on bank statements, joint payments, joint travel, statements from family and friends, pictures together, legal comittments (like leaving super or other assets to each other in your wills), house downpayments etc. If you lack these other things, you should work on gathering/ creating them from now.

I know it's really confusing, so you have to read all the information available on the DIAC site related to partner visas. If you still have questions, come back and let us know.

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Last edited by aussiegirl; 06-21-2011 at 08:33 AM.

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Old 06-21-2011, 08:47 AM
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Thank you Aussiegirl! This definitely answers my questions! I was right that since we don't have evidence, there's no way of gathering that evidence unless I'm on a student/working visa myself. And the only options would be the PMV (which has a 9 months validity) and actually getting married.

I have downloaded the Partner migration booklet and also reading up on the sticky notes which are super helpful. I love this forum! It definitely makes me feel better when I have a direct and sure answer even though its a little heart breaking.


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