Partner Visa 309 and 100 HELP!!

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Partner Visa 309 and 100 HELP!!


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Old 15th January 2013, 12:29 PM
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Default Partner Visa 309 and 100 HELP!!

Hi,
I am an Australian citizen living in the UK temporarily. We are trying to get a visa for my partner (who is British) to move over to Australia.

We have been together for 4 years now, going back and forth between the 2 countries as much as possible. Having to be apart from each other for such long times in between, I decided that I would have to quit my job in Australia, leave my family behind and move over here to be with him until he is able to move to Australia (luckily I have dual-citizenship and am able to live and work in the UK). Not only did this mean I had to quit the job I was in, but I took a massive pay cut and have struggled to maintain a job over here.

I have only been living with my partner for 8 months and we are really hoping that we will both be able to move back to Australia this year. I am finding it very difficult being away from my family for so long!

Originally my partner was hoping to migrate over on a different visa but we don't think this can happen anymore so we would like to apply for the Partner visa (309 and 100). However, we have only been living together for 8 months and if we wait another 4 months to apply + the 8-9 month suggested application period, that is going to take at least another year and it really is difficult being away from my family for so long already as well as my future career prospects.

I have read that it is recognised that it is possible for the parties to be physically apart for periods of time due to work or travel commitments yet commited to a shared life and that when assessing a relationship, a number of factors other than periods of physical cohabitation are taken into account.

Does anyone have any advice for us? Do you think that due to my previous work commitments which meant I was unable to live over here with him, we may be able to still apply although we have not been living together for a full 12 months? We are in a committed relationship and have been for the past 4 years. We wish to be together long-term.

Thanks!

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Old 15th January 2013, 07:31 PM
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Hi bec_w,

it is possible to apply for a partner visa although you have not been living together in the last 12 months. However, please note that it is only one of multiple criteria that DIAC uses to asses if you are in a genuine, committed and ongoing relationship. If you have lots of hard evidence such as joint property/leases, wills where the respective other person is named as beneficiary, joint bank accounts, statutory declarations from multiple Australian friends about your relationship, maybe even a registration of the relationship etc. - then yes, I believe it can be done.

I would read the Partner Migration Booklet in detail and write a list of all the relationship evidence that you have. If you cannot come up with lots of hard evidence, you should wait another 4 months and use the time to generate more evidence (for instance: opening a joint bank account). It's definitely safer to wait until you have reached the 12-month mark.

Another good thread about that topic (albeit a year old): http://www.expatforum.com/expats/aus...-evidence.html

All the best,
Monika
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Old 16th January 2013, 02:32 PM
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Hi Monika,
Thank you so much for your help and information. I will definitely have a read through that booklet.
I think we are going to have to wait until the 12 months is complete before applying though as we do have some evidence but potentially not enough unfortunately.
Thanks again,
Bec

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Old 15th September 2013, 04:52 PM
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Hi, there is now a Relationship Register (in NSW anyway). It's like a stat dec that you're de facto. You can use this instead of the 12 month rule. I think it costs around $200.

I know how you feel about being stuck in another country with a massive pay cut, far away from family/friends. In the same situation in paris

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