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Onshore Partner Visa Questions

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Hi There,

I have a question regarding The Australian Partner Visa. My De Facto partner and I have been in a relationship for 4 years now and qualify for a partner visa. She is a Permanent Resident. 

We would like to do an onshore application, this is where the question comes in. Can I do the partner visa application in Australia while she is here in South Africa. Reason being is I can travel there sooner than she can and we would like to submit before the new rules come in on 10 June 2019. 

Please ask if you need more information?

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7 hours ago, visa123 said:

Hi There,

I have a question regarding The Australian Partner Visa. My De Facto partner and I have been in a relationship for 4 years now and qualify for a partner visa. She is a Permanent Resident. 

We would like to do an onshore application, this is where the question comes in. Can I do the partner visa application in Australia while she is here in South Africa. Reason being is I can travel there sooner than she can and we would like to submit before the new rules come in on 10 June 2019. 

Please ask if you need more information?

This is possible, but to apply for the onshore partner visa, you (the applicant) must be in Australia at time of application, and hold a visa that does not have 'Condition 8503 no further stay' attached.


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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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3 hours ago, AFV said:

This is possible, but to apply for the onshore partner visa, you (the applicant) must be in Australia at time of application, and hold a visa that does not have 'Condition 8503 no further stay' attached.

Thanks. I am the applicant and will be in Australia when I apply. But my partner (Australia PR) will be in South Africa still. 

Her PR expired last year May so she has got a RRV. Is this still fine? She will be in Australia in the next 3 months. 

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13 minutes ago, visa123 said:

Thanks. I am the applicant and will be in Australia when I apply. But my partner (Australia PR) will be in South Africa still. 

Her PR expired last year May so she has got a RRV. Is this still fine? She will be in Australia in the next 3 months. 

When you apply, I would just make sure that her RRV is current. You wouldn't want to be in a position that you have applied for a partner visa and your partner isn't able to renew her RRV.


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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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8 hours ago, AFV said:

When you apply, I would just make sure that her RRV is current. You wouldn't want to be in a position that you have applied for a partner visa and your partner isn't able to renew her RRV.

Thank you. Is there an agency you can recommend that will be able to look through our application package and documents to see if it is ready to submit? 

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25 minutes ago, visa123 said:

Thank you. Is there an agency you can recommend that will be able to look through our application package and documents to see if it is ready to submit? 

Please contact me directly at Australian Family Visas


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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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21 hours ago, visa123 said:

Thanks, will do. I know we have to live together for more than 12 months, this counts even though we lived together in South Africa right? 

The requirement is not that you have lived together for 12 months, rather but rather to have been in a de facto relationship for that period.

Living together is regarded as a common element in most on-going relationships. It is recognised that, for various reasons, couples may sometimes have to live apart. Provided the separation is temporary and the couple had, at some point since commencement of the relationship lived together, their relationship might still satisfy the requirements of a de facto relationship.

For this reason, the one year relationship criterion does not require the couple to have physically lived together for the entire 12 months, but rather to have been in a de facto relationship for that period.

Partners who are currently not living together may be required to provide additional evidence that they are not living separately and apart on a permanent basis in order to satisfy the requirements of a de facto relationship.

See also: One-year relationship requirement for De Facto partners


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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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41 minutes ago, AFV said:

The requirement is not that you have lived together for 12 months, rather but rather to have been in a de facto relationship for that period.

Living together is regarded as a common element in most on-going relationships. It is recognised that, for various reasons, couples may sometimes have to live apart. Provided the separation is temporary and the couple had, at some point since commencement of the relationship lived together, their relationship might still satisfy the requirements of a de facto relationship.

For this reason, the one year relationship criterion does not require the couple to have physically lived together for the entire 12 months, but rather to have been in a de facto relationship for that period.

Partners who are currently not living together may be required to provide additional evidence that they are not living separately and apart on a permanent basis in order to satisfy the requirements of a de facto relationship.

See also: One-year relationship requirement for De Facto partners

Thank you, one last question.  Once I arrive in Australia on a visitor visa. Is there a certain time period I have to wait before submitting the Onshore partner application? 

 

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Just now, visa123 said:

Thank you, one last question.  Once I arrive in Australia on a visitor visa. Is there a certain time period I have to wait before submitting the Onshore partner application? 

 

As long as your visa is valid and it does not have condition 8503 attached to it, then you can make a valid application for another visa whilst in Australia. Just keep your eye out for any updates on the commencement of the pre-approval for partner visa sponsors. This will possible impact on the ability to submit an application until the sponsorship has been approved. 


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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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Hi AFV, I know you need to have statements regarding your relationship for the application. I have written a statement of about 6 pages so far detailing from the first day we met and including all the special dates, events etc. Is this fine? With each event on the statement I have in brackets which evidence to refer to such as photos or return air tickets. Will this cover a statement including all aspects of the 4 pillars or is it better to have a separate statement covering each pillar? 

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30 minutes ago, visa123 said:

Hi AFV, I know you need to have statements regarding your relationship for the application. I have written a statement of about 6 pages so far detailing from the first day we met and including all the special dates, events etc. Is this fine? With each event on the statement I have in brackets which evidence to refer to such as photos or return air tickets. Will this cover a statement including all aspects of the 4 pillars or is it better to have a separate statement covering each pillar? 

One statement is perfectly fine, and you certainly do not need separate ones. It sounds like you are on the right track. 


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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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14 minutes ago, visa123 said:

Thank you both. It also mentions we must include time apart. Does this include when I have traveled for work for max 2 weeks at a time? 

No, you only need to include times that you lived apart. 

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