russell3636 Posted June 12, 2015 Share Posted June 12, 2015 Hi everyone, I’m new here and any advice would be grateful. I am an Australia citizen and my partner is from the UK and is on a working holiday visa 417 on his 2nd year, which ends in December 2015. We have been together for 9 months and he has been living in victoria for 10 months. What are the chances of receiving a de-facto partner visa 820 if we register our relationship in Victoria and waive the 12 month period? We don’t live together as I’m a student and I cannot afford it, we don’t have a joint back account but do help each other out with expenses and have a lot of evidence of photos, texts, phone calls and holiday tickets. He has thought about a skilled visa 189, would that be better than a partner visa? He has also looked into sponsorship jobs, but there aren’t many in his field of work. I don’t have the best understanding of how visa’s work so any advice would be very helpful thank you Link to comment Share on other sites More sharing options...
Bungo Posted June 12, 2015 Share Posted June 12, 2015 Not living together would means very slim chance indeed. You need to prove you are essentially a married couple and married couples do not live apart "because they can't afford it". Your relationship sounds more like dating that defacto for now. If he qualifies for a 189 visa then this sounds like a much better option, a lot quicker too and permanent from the start. Link to comment Share on other sites More sharing options...
Nemesis Posted June 12, 2015 Share Posted June 12, 2015 Not living together would means very slim chance indeed. You need to prove you are essentially a married couple and married couples do not live apart "because they can't afford it". Your relationship sounds more like dating that defacto for now. If he qualifies for a 189 visa then this sounds like a much better option, a lot quicker too and permanent from the start. Doesn't the registering of the relationship count like a marriage though? Link to comment Share on other sites More sharing options...
boganbear Posted June 12, 2015 Share Posted June 12, 2015 Registering your relationship waives the 12 month requirement to live together. It's clearly set out in the PAM3 guidelines Link to comment Share on other sites More sharing options...
Bungo Posted June 12, 2015 Share Posted June 12, 2015 Registering your relationship waives the 12 month requirement to live together. It's clearly set out in the PAM3 guidelines Well I thought it reduced the 12 months, but they are not living together at all. Perhaps I am mistaken in thinking they do need to be living together at all however, in which case I stand corrected. Nevertheless, if the 189 is an option, it seems like a far more sensible one to me. Link to comment Share on other sites More sharing options...
ramot Posted June 12, 2015 Share Posted June 12, 2015 My daughter registered her relationship in NSW, and it did wave the 12 months living together. However they had been properly living together for 9 months when they lodged, and had to prove they were in a proper de facto relationship, rental agreement, bills, joint bank accounts etc. to lodge for the 820 visa. Needed lots of proof. Not sure about this, but check if the sponsor has to have lived in some states for a full year to be eligible to sponsor? Link to comment Share on other sites More sharing options...
Nemesis Posted June 12, 2015 Share Posted June 12, 2015 My daughter registered her relationship in NSW, and it did wave the 12 months living together. However they had been properly living together for 9 months when they lodged, and had to prove they were in a proper de facto relationship, rental agreement, bills, joint bank accounts etc. to lodge for the 820 visa. Needed lots of proof.Not sure about this, but check if the sponsor has to have lived in some states for a full year to be eligible to sponsor? Never come across that one before. I was fairly sure the Registering of a relationship waived the 12 months though. Still going to be pretty tough proving that its a shared life etc etc when they aren't living together at all. bit like a married couple who live apart all the time. Even if you are apart a lot like for FIFO you still have to show shared finances and a solid home base etc. OP - just being a student does 't mean you can't live together - wherever you each live you most have some living expenses, wouldn't it be cheaper and easier to pool these and live together? Certainly stand more chance of getting the visa that way. Link to comment Share on other sites More sharing options...
ramot Posted June 12, 2015 Share Posted June 12, 2015 Never come across that one before. I was fairly sure the Registering of a relationship waived the 12 months though. Still going to be pretty tough proving that its a shared life etc etc when they aren't living together at all. bit like a married couple who live apart all the time. Even if you are apart a lot like for FIFO you still have to show shared finances and a solid home base etc. OP - just being a student does 't mean you can't live together - wherever you each live you most have some living expenses, wouldn't it be cheaper and easier to pool these and live together? Certainly stand more chance of getting the visa that way. Sorry if I wasn't clear, yes it does wave the 12 months rule but from choice they waited to lodge for the 820 for a couple of months after registering thought it would go in their favour with a bit more time as a de facto couple before they lodged their 820/801 visa. For the visa they had to prove all the things mentioned, which were all the things required. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted June 13, 2015 Share Posted June 13, 2015 Registering the relationship waives the requirement to live together for a full 12 months. You do need to live together though. Link to comment Share on other sites More sharing options...
summerdaisy Posted July 4, 2015 Share Posted July 4, 2015 Hi All, just looking for a bit of advice, my son is looking for a partner visa for his girlfriend, they are looking at defacto, they have registered their relationship 9 months ago, they are living together 10 months now but are in a relationship since October 2013. They have been to see a Migration Agent who says they have to be in a relationship for 2 years and living together for one of those years. From what I have seen myself on the internet this does not seem correct, it only needs to be one year but they are anxious about lodging in case the agent is right and it would be refused. Could anyone clarify this for me, I would really appreciate it. Link to comment Share on other sites More sharing options...
Killara Posted July 4, 2015 Share Posted July 4, 2015 Hi All, just looking for a bit of advice, my son is looking for a partner visa for his girlfriend, they are looking at defacto, they have registered their relationship 9 months ago, they are living together 10 months now but are in a relationship since October 2013. They have been to see a Migration Agent who says they have to be in a relationship for 2 years and living together for one of those years. From what I have seen myself on the internet this does not seem correct, it only needs to be one year but they are anxious about lodging in case the agent is right and it would be refused. Could anyone clarify this for me, I would really appreciate it. Hi @summerdaisy. They do not need to have been in the relationship for 2 years. That is incorrect advice. They can apply for a partner visa as they are in a registered relationship. They will of course still need to prove that the relationship is genuine, continuing, and akin to a married relationship. Link to comment Share on other sites More sharing options...
summerdaisy Posted July 4, 2015 Share Posted July 4, 2015 Hi @summerdaisy. They do not need to have been in the relationship for 2 years. That is incorrect advice. They can apply for a partner visa as they are in a registered relationship. They will of course still need to prove that the relationship is genuine, continuing, and akin to a married relationship. Thank you so much Killara, her situation is that she is on a MRT visa being denied for graduate visa after a student visa, the case is set for 25th August and has been advised that it is a guaranteed loss, she is from the Philippines, would this have any bearing on the time span for the defacto visa. I really appreciate your help. Link to comment Share on other sites More sharing options...
Freesia Posted July 4, 2015 Share Posted July 4, 2015 There has been a recent development in the criteria needed to prove an ongoing & exclusive relationship. If I were you I would speak to wrussell who is the Agent on here with the current knowledge on this. He posted about it last week following a court case which set a new precedent I believe. Link to comment Share on other sites More sharing options...
Nemesis Posted July 4, 2015 Share Posted July 4, 2015 Thank you so much Killara, her situation is that she is on a MRT visa being denied for graduate visa after a student visa, the case is set for 25th August and has been advised that it is a guaranteed loss, she is from the Philippines, would this have any bearing on the time span for the defacto visa. I really appreciate your help. If they have registered their relationship they do not need to prove any time living together. Registering the relationship counts the same as a marriage. Might be worth professional avice though as to what the position is with the MRT and whether she is actuay able to apply onshore for another visa. Link to comment Share on other sites More sharing options...
summerdaisy Posted July 4, 2015 Share Posted July 4, 2015 There has been a recent development in the criteria needed to prove an ongoing & exclusive relationship. If I were you I would speak to wrussell who is the Agent on here with the current knowledge on this. He posted about it last week following a court case which set a new precedent I believe. Hi Freesia, thank you for that, could you tell me where this is as I have searched this forum and cannot find it. Thanks again. Link to comment Share on other sites More sharing options...
Nemesis Posted July 4, 2015 Share Posted July 4, 2015 Hi Freesia, thank you for that, could you tell me where this is as I have searched this forum and cannot find it. Thanks again. It basically said that no cohabitation is needed for a de facto relationship, but that is irrelevant here is they have already registered their relationship so that alone negates the need to prove cohabitation. Their stumbling block is more lkely to be whether she can apply onshore if the MRT fails. She may have to leave the country, and apply from offshore. Link to comment Share on other sites More sharing options...
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