Partner VISA Frustration!

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.

Like Tree5Likes

Partner VISA Frustration!


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 11-25-2014, 12:20 AM
Active Member
 
Join Date: Jun 2014
Location: Brisbane QLD
Posts: 36
Users Flag! From australia

4 likes received
16 likes given
Arrow Partner VISA Frustration!

Hello all,

I am new to this forum and read read quite a lot of threads of people in the same or similar situiation as myself. The main reason for my post is to have a little bit of a whine and really make sure my understanding of my situation is correct.

My partner and I have been dating since September 2013 over the internet. He is from America. I went to America in December 2013 to meet him and stayed for three weeks. We then decided he should move to Australia so we could be together. He is 33, so he could only come in on a Tourist VISA. He arrived in Australia March 3rd 2014, pretty much sold everything in America to live with me. We have honoured the 3 month stay, so he has been leaving before the 3 months is up each time (which is very costly). He lives completely off me as i work full time.

Next month on December 5th he will return on his last stint under the tourist VISA and then we want to apply for the Partner VISA. So when he gets back December 5th he has 3 months, which makes him living with me for 12 months and three days (makes us de-facto I would register our relationship, but i am technically still married and waiting for my divorce to go through).

If you were in my shoes, would you even attempt at applying for a partner VISA when it comes down literally to DAYS of being De-Facto? Do you think its too risky?

I have spoken with Immigration and they said "to be De-Facto you have to have lived together for over 12 months" .... Well 12 months and 1 day is over 12 months right?

I know this is pushing it, but the age old question i constantly ask is, "What else can we do?" What are the other options? It is so frustrating, all we want to do is start our life together!! To make all these trips in and out of Australia to honour the tourist VISA is expensive, and then having to pay the partner visa application fee is just unbelievable.

Also if he is here on a Tourist VISA, Technically is that even classified as living here in Australia. I mean yes he has lived at my house for the whole duration, but is that something Immigration could come back at me with?

Sorry for the long winded post, i am just fed up and feeling a little defeated, any advice would be appreciated.

Thank you so much for reading


  #2 (permalink)  
Old 11-25-2014, 12:29 AM
Moderator
 
Join Date: Jul 2011
Posts: 5,236
Users Flag! From canada

1533 likes received
148 likes given
I assume you don't live in either NSW or QLD? If you do, you can register your relationship and that waives the 12-month living together requirement.

You have some potential risks in your plan:
- DIBP can and has refused applications that have been literally days short of living together 12 months. So if you can't quite reach that deadline, you may want to look at other options.
- DIBP can and has told returning visitors that they can't keep leaving and coming back days later (even though the visitor visa says you can). Some posters have been told after the 2nd or 3rd flight back to Australia that this is the last entry and the next one will be refused.

As far as qualifying for the time living together, his time on a tourist visa will count. But you should be making sure you're building a lot of quality evidence that you are living together in a shared life. So you need to prove you share household finances, household chores, have a social life together, etc.

The less risky approach would be for him to apply for a Prospective Marriage Visa the next time he's off-shore. Yes, that means you have to get married within 9 months of the visa being granted. But it's a much safer visa option. Otherwise you may need to find another way to reach the 12 months or take a chance an application days short will be approved.

__________________
186 visa - Temporary Residence Transition stream
Granted Dec 2013

  #3 (permalink)  
Old 11-25-2014, 12:32 AM
Senior Member
 
Join Date: Jul 2014
Posts: 332
Users Flag! From usa

142 likes received
44 likes given
I believe you won't be eligible for any partner visa including the prospective marriage, until your divorce is final.


Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 11-25-2014, 12:36 AM
Moderator
 
Join Date: Jan 2013
Location: Australia
Posts: 11,213
Users Flag! From australia

3687 likes received
1175 likes given
De facto they can apply for because you don't need to be divorced. I remember reading a thread about this awhile back.

You can't register your relationship because you are still married.

You just have to hope that he doesn't get stopped by immigration re-entering Australia because of all the visits in a short period.

12 months is 12 months so if you have lived together for 12 months and 1 day you have met the criteria. The key is to be able to show that to immigration on paper ie. Joint bank account, joint bills, name on lease, mail at same address etc.

sammy.lee likes this.

  #5 (permalink)  
Old 11-25-2014, 12:41 AM
Active Member
 
Join Date: Jun 2014
Location: Brisbane QLD
Posts: 36
Users Flag! From australia

4 likes received
16 likes given
Quote:
Originally Posted by Maggie-May24 View Post
I assume you don't live in either NSW or QLD? If you do, you can register your relationship and that waives the 12-month living together requirement.
Thank you for replying, as i said my divorce has not gone through. I am in NSW and they wont allow us to register which im separated


  #6 (permalink)  
Old 11-25-2014, 12:43 AM
Active Member
 
Join Date: Jun 2014
Location: Brisbane QLD
Posts: 36
Users Flag! From australia

4 likes received
16 likes given
Evidence

So the thing with having sufficent evidence is a little contradicting i think. How do we show we share bills and so on if he isnt allowed to work to have an income. I pay for everything. His name is on our Lease and so on. Its another thing that makes me wonder HOW?


  #7 (permalink)  
Old 11-25-2014, 12:44 AM
Active Member
 
Join Date: Jun 2014
Location: Brisbane QLD
Posts: 36
Users Flag! From australia

4 likes received
16 likes given
Quote:
Originally Posted by IndyMama View Post
I believe you won't be eligible for any partner visa including the prospective marriage, until your divorce is final.
We can still apply for the partner VISA if i am not divorced, i have checked this out


  #8 (permalink)  
Old 11-25-2014, 12:47 AM
Moderator
 
Join Date: Jan 2013
Location: Australia
Posts: 11,213
Users Flag! From australia

3687 likes received
1175 likes given
Quote:
Originally Posted by sammy.lee View Post
So the thing with having sufficent evidence is a little contradicting i think. How do we show we share bills and so on if he isnt allowed to work to have an income. I pay for everything. His name is on our Lease and so on. Its another thing that makes me wonder HOW?
Have a joint account and he can access it. My husband wasn't working when we applied for his 820 but we had a joint account which he had access to.

You can still have him on the joint bills etc even if he doesn't have an income ie. My mum is a stay at home mum but all the bills are in my mum and dad's name.


  #9 (permalink)  
Old 11-25-2014, 12:50 AM
Active Member
 
Join Date: Jun 2014
Location: Brisbane QLD
Posts: 36
Users Flag! From australia

4 likes received
16 likes given
Quote:
Originally Posted by Mish View Post
Have a joint account and he can access it. My husband wasn't working when we applied for his 820 but we had a joint account which he had access to.
Great thank you so much Mish for the advice, i will maybe add his name to my account and give him access

I really honestly am so scared of what our outcome will be, i just wish it was easier, but also i know they have it this way to not allow people who aren't in actual relationships.


  #10 (permalink)  
Old 11-25-2014, 01:04 AM
Moderator
 
Join Date: Jan 2013
Location: Australia
Posts: 11,213
Users Flag! From australia

3687 likes received
1175 likes given
Quote:
Originally Posted by sammy.lee View Post

Great thank you so much Mish for the advice, i will maybe add his name to my account and give him access

I really honestly am so scared of what our outcome will be, i just wish it was easier, but also i know they have it this way to not allow people who aren't in actual relationships.
Exactly! Is there for a reason no matter how frustrated we get.

Sometimes you just need to think outside the square to gather the evidence.

What about when you did your tax return this year? Did you say de facto?


Closed Thread

Tags
de-facto, de-facto visa, help needed, partner, partner visa

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
Partner VISA frustration! sammy.lee Jobs and work 0 11-25-2014 12:18 AM
Partner on working holiday visa has to leave Oz Before we can apply for partner visa mascwendy Visas and immigration 7 10-07-2014 06:49 PM
457 and partner visa frustration annam Visas and immigration 9 09-03-2013 01:15 AM
applying for partner visa while previous partner visa is waiting to go to MRT? homnpick Visas and immigration 5 01-21-2012 09:56 AM
practicalities of living in Australia on a partner visa & general partner visa stuff Freya Visas and immigration 0 07-05-2011 04:52 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 10:09 AM.




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