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emilyh

Offshore Partner Visa Questions

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Hello community, 

I have a few questions that I am hoping to have answered. I called immigration and each question I asked they told me they can't answer (sigh), so this is my last hope.

Some background information: My boyfriend (Aussie) and I (Canadian lady) have been dating since June 2015. We have spent several months apart over this period because we are uni students, have work in our home countries, etc. However, I lived in Australia from June 2017-July 2018 with him and his family while studying at the University of Sydney. He then travelled home with me to Canada on a working holiday from July 2018-February 2019. We are both travelling back to Aus on February 12 for a wedding - but he is staying as he starts a new job, and I return home to Canada as I do not finish uni until April. In total, we will have lived together for 19.5 months (but with our families - never alone). We have proof of shared residence through car insurance, etc. Is our relationship considered de facto? Do I need to lodge the application whilst we are still living together, or is it as long as we have been together 12 months prior to applying?

Next question: how long do I have to upload documents from the time I submit the application + pay the fee? I have seen 2 days, 2 weeks, and "as long as it takes" as responses. 

Lastly... we have a flight booked to Australia for February 12, 2019. I am flying over on an ETA. I am hoping to submit my application before February 4th, 2019 (the online application is filled out and we have complied a large amount of evidence, signed forms, collected declarations, etc over the past couple months)... I just need to pay the fee and add the docs. Once I pay the fee, even if the documents are not attached, is the application considered to be lodged? I am asking because I know I need to be offshore when the application is lodged, and I don't want to jeopardize our trip because it is for a family wedding. 

Thanks in advance!

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Easy answer is ASAP at the minimum put in the basic identity docs.

You don't need to be living together when you Lodge.

You can add the docs in whileb you are onshore it's only the applying stage you need to be offshore and it is considered submitted once you submit and they have received the money, so if you pay by credit card immediate but you pay the small fee, if by direct debit then it can take up to 4 business days.

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Aussie_83 Thank you for the fast reply! We will be going to register our relationship with the NSW government while I am there to add merit to our application, so I will need to add that at a later date. In your opinion, is our relationship considered de facto? We have lived at the same address for 19.5 months (between Australia and Canada) but always with our parents, so we have never paid utility bills, etc.

I was planning on using my Australian direct debit card to pay for the fee (I worked for the year I was over there and saved up quite a lot), do you reckon it will still take up to 4 business days from an Aussie bank account? 

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6 hours ago, emilyh said:

Aussie_83 Thank you for the fast reply! We will be going to register our relationship with the NSW government while I am there to add merit to our application, so I will need to add that at a later date. In your opinion, is our relationship considered de facto? We have lived at the same address for 19.5 months (between Australia and Canada) but always with our parents, so we have never paid utility bills, etc.

I was planning on using my Australian direct debit card to pay for the fee (I worked for the year I was over there and saved up quite a lot), do you reckon it will still take up to 4 business days from an Aussie bank account? 

If you pay using BPay the application will be received once the Department receives the funds. From my experience 3 business days would be more than sufficient. Credit card payments are received straight away. 

Registering your de facto relationship is an excellent idea. Whilst you still need to evidence that you are in a de facto relationship, it is not a requirement to show that the de facto relationship has existed for at least 12 months immediately preceding the date of application. Although based on what you have posted it probably has. If an applicant and sponsor are able to register their relationship, it does in my opinion add considerable weight.   

In answer to your question as to whether your relationship would be considered a de facto. This is not an easy question to answer, as a proper assessment would be based on a thorough and detailed assessment of your relationship against the criteria set out in the Migration Act and Regulations, primarily Regulation 1.09A. Based on what you have posted, and in the absence of a thorough assessment, i'd say you probably would meet the criteria. However this is an opinion only and not advice.  


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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