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Nazrin

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Would be very appreciated if anyone can give me some tips of my partner visa application. 

I lived with my partner over 1-year, while we did not really gather physical evidence (e.g. joint account) that could prove our relationship as I planned to apply for 190 VISA. 

Just last week, QLD state government announced that my occupation will be no longer eligible for 190 VISA. Since then we decide to apply for 820VISA. 

Basically, we got a joint lease contract under our names, share bills (electrical, hot water, internet etc) altogether (billing account under both our names too). We opened the joint account on Jan 19 and started to use this account to pay all bills. 

Should I start my application ASAP or I'd better wait for another few months?

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4 minutes ago, Nazrin said:

Would be very appreciated if anyone can give me some tips of my partner visa application. 

I lived with my partner over 1-year, while we did not really gather physical evidence (e.g. joint account) that could prove our relationship as I planned to apply for 190 VISA. 

Just last week, QLD state government announced that my occupation will be no longer eligible for 190 VISA. Since then we decide to apply for 820VISA. 

Basically, we got a joint lease contract under our names, share bills (electrical, hot water, internet etc) altogether (billing account under both our names too). We opened the joint account on Jan 19 and started to use this account to pay all bills. 

Should I start my application ASAP or I'd better wait for another few months?

Welcome to the Australian Visa Forum,

It is impossible to assess your eligibility for a partner visa based on such limited information. 

You haven't mentioned that you are married, so I will assume that you would be applying under the de facto criteria. If this is the case you and your partner must be in a de facto relationship for at least 12 months before the visa application is made. However if the applicant and sponsor register their de facto relationship, then they are Exempted from the one year relationship requirement for a de facto visa. Note, the applicant must sill satisfy the de facto criteria, but it not necessary to show that the de facto relationship has existed for at least 12 months. 

For migration purposes, a person is in a de facto relationship with another person if they:

  • are not married to each other
  • have a mutual commitment to a shared life to the exclusion of all others
  • are in a genuine and continuing relationship
  • live together or do not live separately and apart on a permanent basis
  • are not related by family.

The circumstances that the Department will take into consideration in assessing whether a de facto relationship exists are found in 1.09A of the Migration Regulations. The Department will consider all of the circumstances of the relationship, including the following:

The history of the relationship through a signed statement regarding:

  • how, when and where the couple first met
  • how the relationship developed
  • the couple’s domestic arrangements, that is, how they support each other financially, physically and emotionally and when this level of commitment began
  • any periods of separation, when and why the separation occurred, for how long and how the couple maintained their relationship during the period of separation
  • the couple’s future plans.

Financial aspects of the relationship, such as:

  • joint ownership of the house or joint names on a lease
  • correspondence addressed to the couple at the same address
  • details of financial commitments including bank statements, and any joint liabilities.
  • The nature of the household, such as:
  • any joint responsibility for the care and support of any children
  • the couple’s living arrangements including sharing responsibilities within the home.

Social context, such as:

  • evidence that the couple is generally accepted and recognised as a couple socially such as joint invitations
  • evidence of common friends
  • assessments by the couple’s friends and family of the relationship
  • joint travel or joint participation in sporting, social or cultural activities.

The couple’s commitment to each other, such as:

  • the duration of the relationship including knowledge of each other
  • intention to have a long term relationship, for example, through terms of their wills
  • correspondence and telephone accounts to show that the couple maintained contact during any periods of separation.

920x113.jpg

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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Just adding my bit here. Registering a de facto relationship means that the minimum 12 month minimum does not apply. It makes the criteria similar to that of being married, in that there is no minimum period that a person needs to be married before applying for a partner visa based on marriage. However the applicant MUST still satisfy the respective relationship criteria. The shorter the relationship, the harder this may be.     


920x113.jpg

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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33 minutes ago, AFV said:

Welcome to the Australian Visa Forum,

It is impossible to assess your eligibility for a partner visa based on such limited information. 

You haven't mentioned that you are married, so I will assume that you would be applying under the de facto criteria. If this is the case you and your partner must be in a de facto relationship for at least 12 months before the visa application is made. However if the applicant and sponsor register their de facto relationship, then they are Exempted from the one year relationship requirement for a de facto visa. Note, the applicant must sill satisfy the de facto criteria, but it not necessary to show that the de facto relationship has existed for at least 12 months. 

For migration purposes, a person is in a de facto relationship with another person if they:

  • are not married to each other
  • have a mutual commitment to a shared life to the exclusion of all others
  • are in a genuine and continuing relationship
  • live together or do not live separately and apart on a permanent basis
  • are not related by family.

The circumstances that the Department will take into consideration in assessing whether a de facto relationship exists are found in 1.09A of the Migration Regulations. The Department will consider all of the circumstances of the relationship, including the following:

The history of the relationship through a signed statement regarding:

  • how, when and where the couple first met
  • how the relationship developed
  • the couple’s domestic arrangements, that is, how they support each other financially, physically and emotionally and when this level of commitment began
  • any periods of separation, when and why the separation occurred, for how long and how the couple maintained their relationship during the period of separation
  • the couple’s future plans.

Financial aspects of the relationship, such as:

  • joint ownership of the house or joint names on a lease
  • correspondence addressed to the couple at the same address
  • details of financial commitments including bank statements, and any joint liabilities.
  • The nature of the household, such as:
  • any joint responsibility for the care and support of any children
  • the couple’s living arrangements including sharing responsibilities within the home.

Social context, such as:

  • evidence that the couple is generally accepted and recognised as a couple socially such as joint invitations
  • evidence of common friends
  • assessments by the couple’s friends and family of the relationship
  • joint travel or joint participation in sporting, social or cultural activities.

The couple’s commitment to each other, such as:

  • the duration of the relationship including knowledge of each other
  • intention to have a long term relationship, for example, through terms of their wills
  • correspondence and telephone accounts to show that the couple maintained contact during any periods of separation.

Thanks for the reply!

Yeah, we will apply under de facto relationship. We've been in this relationship over 1 year just didn't prepare a joint account till last month. 

We got the joint lease contract, bill accounts since the first day we committed to our relationship while worried about bills must be paid through joint account. 

In this case, should I wait for another few months to get more transaction records for our joint account or I shall submit the application first?

 

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20 minutes ago, Bridge said:

Just adding my bit here. Registering a de facto relationship means that the minimum 12 month minimum does not apply. It makes the criteria similar to that of being married, in that there is no minimum period that a person needs to be married before applying for a partner visa based on marriage. However the applicant MUST still satisfy the respective relationship criteria. The shorter the relationship, the harder this may be.     

Yeah, fully understand. We've been together over one year but didn't realise we need to gather so much information for this application. Hearing some rumours 820VISA will get new policy soon. My working visa will expire this Oct thinking better to submit 820 application ASAP.

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13 minutes ago, Nazrin said:

Thanks for the reply!

Yeah, we will apply under de facto relationship. We've been in this relationship over 1 year just didn't prepare a joint account till last month. 

We got the joint lease contract, bill accounts since the first day we committed to our relationship while worried about bills must be paid through joint account. 

In this case, should I wait for another few months to get more transaction records for our joint account or I shall submit the application first?

 

If you can build up more evidence of your relationship before applying that doesn't hurt in my opinion. Obviously your current visa status may dictate when you need to apply by. Be aware of the new sponsorship requirements for pre approval which will come into effect soon.


920x113.jpg

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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