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Monique

Partner Visa

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I'm an Australian citizen whilst my partner is from overseas. He is currently on a bridging visa whilst waiting for a skilled workers visa outcome he applied for before meeting me. We are getting married in 2 months. Dilemma is that how do we go abouts applying for the partner visa (we are not de facto)? This seems to be a situation where we are in limbo. Don't we have to wait until completely married before we even try applying online? If we have to wait 2 months but in the meantime he receives a negative outcome regarding his skilled workers visa, where does that leave us? this is all really confusing and I'd appreciate any advice. I called the home affairs department and the officer I spoke to wasn't very clear, I just became more nervous when he mentioned that my fiancé may be evicted from Australia even though we have a wedding in late April. Oh dear...

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12 hours ago, Monique said:

I'm an Australian citizen whilst my partner is from overseas. He is currently on a bridging visa whilst waiting for a skilled workers visa outcome he applied for before meeting me. We are getting married in 2 months. Dilemma is that how do we go abouts applying for the partner visa (we are not de facto)? This seems to be a situation where we are in limbo. Don't we have to wait until completely married before we even try applying online? If we have to wait 2 months but in the meantime he receives a negative outcome regarding his skilled workers visa, where does that leave us? this is all really confusing and I'd appreciate any advice. I called the home affairs department and the officer I spoke to wasn't very clear, I just became more nervous when he mentioned that my fiancé may be evicted from Australia even though we have a wedding in late April. Oh dear...

Unless you have been in a genuine relationship (and can prove it) for at least 12 months before you apply for a De facto partner visa, you do not qualify as De facto.

If you get married  before you apply, IMMI will expect you to meet the following requirement, I quote;

"A spouse is one of two people in a (LEGAL) married relationship if they are married to each other under a marriage that is valid for the purposes of the Migration Act and:

 - have a mutual commitment to a shared life excluding all others
 - have a genuine and continuing relationship
 - live together or don't live separately and apart on a permanent basis"

Because of the high incidence of 'sham' or 'convenience' marriages seen by IMMI these days, they usually like to see either a marriage that is 12 months or older, or there is a genuine relationship existing for a period of 12 months or more, including the married period' before the application.

How long have you been together as a true couple?  Knowing this we can advise better.

If you have been together for less than 12 months, then your not eligible as a de facto couple.  If its less than 10 months (considering your wedding date in 2 months) and you apply after the wedding,  you **may** struggle to convince IMMI that this is a "genuine and continuing relationship". But I do speculate somewhat as I do not know your actual relationship details.

The bad news is this.  If he does not get his Skilled Visa grant before the wedding, IMMI is right he will probably have to leave.  However, considering he is already on a Bridge, and the wedding is only 2 months away, if he was to get refused before the wedding date, you may have grounds for a bridge extension on compassionate grounds, but only for maybe a month or so.

Maybe give us some more details as to the length and nature of your relationship to date, that may change everything I have said.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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We've been together since September 2018 so by the time we get married in April it would be 8 months of being together. We're currently in the process of renovating our house together to live in after the wedding. I guess my mind is thinking of the worse case scenario, being that he will have to leave the country in which all the plans for our wedding would be in shambles. It's just real nerve racking not knowing the unknown. In terms of his skilled workers visa, I recently learned that his migration officer lodged an appeal to the tribunal AAT as the initial application was rejected. Kinda feel like we're in limbo :(

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On 3/14/2019 at 12:49 PM, Monique said:

We've been together since September 2018 so by the time we get married in April it would be 8 months of being together. We're currently in the process of renovating our house together to live in after the wedding. I guess my mind is thinking of the worse case scenario, being that he will have to leave the country in which all the plans for our wedding would be in shambles. It's just real nerve racking not knowing the unknown. In terms of his skilled workers visa, I recently learned that his migration officer lodged an appeal to the tribunal AAT as the initial application was rejected. Kinda feel like we're in limbo :(

So you dont qualify for a De Facto status until September 2019.

As I said, an application for appeal must be based on solid legal grounds, which as I feared his case does not demonstrate, this is probably the rejection for the appeal lodgement 'Failing to establish grounds for the appeal'.

INHO appeals to the AAT should be handled by a Solicitor, qualified in Immigration Law. As they are a legal process, not an administrative one (I generalise).

As I said before, he may get a short extension to his BV based on compassionate grounds. 


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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