Partnership visa? Meeting your other half Down Under

davepatr07

Hi there,



I was just curious to know if anyone here has or knows someone that has met their current partner in Oz or NZ while on a WHV from Ireland and have they applied (successfully/unsuccessfully) for a partnership visa (sponsored by their partner)? At the moment she's based in NZ (where I already spent a year) and I'm here in Oz so we go back and forth across the Tasman to see each other. Will be taking her to see family in Ireland for St Paddy's Day next year. I was told evidence has to be strong enough to make a case successful (pics with other persons family, with each other, friends vouching for you etc...)
Shed any light on experiences or tips etc would be great.


Cheers


D

Xavi6

If you're referring to a defacto visa then you will need years worth of photos, bills etc for them even consider your application.

I did it with my ex and, as easy as it was in the end for to get the permanent residency, we were grilled and to provide all sorts of proof of a long term relationship.

Traq

I'm thinking the hard part in proving your case will be the fact that you're both living apart. Generally they look for time spent living together (i.e. leases, bills etc) as part of the proof that ye are in a de facto relationship and with ye being in separate countries I can see this being an issue. That's my two cents on it anyway, hopefully it all works out for ye.

ellaq

Keep a record of all your phonecalls and travel to see each other. Might help as you don't live together.

Failing that you can get a prospective marriage visa where you are given 6 months (not sure if still current) to marry.

davepatr07

Well the fact that I had to leave NZ before my visa expired would be enough to convince them that's why we are living far apart (which is stated in immigration/de facto) and that I had to leave under that visa requirements otherwise be thrown out.

We have opened a joint bank account together in NZ and are looking at getting a car under our name. We did spend alot of time together in NZ and we both see each other as often as we can travelling between the 2 countries.

Also my Mom is in letter correspondance with her (both have been writting letters as I have to her) We only met early last year when I arrived in NZ and are still going out with each other since (she's a nurse).

Guess time will tell but I'm confident we have a good case to make.

Cheers

Pisco Sour

Something about this whole thing bothers me when I think about it. What if you met the woman/man of your dreams with 4-5 months left on your working holiday visa? What happens then? Do they just break up a happy relationship and chuck you out of the country when your visa runs out (and if you havent got sponsored)? Does the length of time have to be over a year? Is living together the number one criteria for getting a de facto visa? Plenty of people are in long term relationships where they are not living together. I really don't think something with such emotional consequences should have such strict, by the book, criteria.

Doesn't affect me or anything, as I don't have a partner down here. Just something I've always wondered.

Xavi6

04072511 wrote: »

Something about this whole thing bothers me when I think about it. What if you met the woman/man of your dreams with 4-5 months left on your working holiday visa? What happens then? Do they just break up a happy relationship and chuck you out of the country when your visa runs out (and if you havent got sponsored)? Does the length of time have to be over a year? Is living together the number one criteria for getting a de facto visa? Plenty of people are in long term relationships where they are not living together. I really don't think something with such emotional consequences should have such strict, by the book, criteria.

Doesn't affect me or anything, as I don't have a partner down here. Just something I've always wondered.

Yep if your visa is up then it's up. Your scenario is one side of the coin. What's more likely to happen is the whole arranged marriage for a visa thing which would be done by 'foreigners' across the country if it was made that easy.

Peregrinus

This is not straightforward. My (Australian) wife and I had been living together for eight years, and married for seven, and had had two children together before I applied for a migrant visa. The process that they put me through seemed to assume that we had got married in a drug-induced haze in Amsterdam a week previously, and we had to get, e.g., sworn statements from acquaintances to confirm that, yes, we really were a couple and, you know, shared a bedroom, nudge-nudge, wink-wink.

Basically, the default attitude is one of suspicion. They’ll make you work hard to prove that you really do satisfy the visa requirements.

You’ve already read the visa requirements (I assume). Put the narrowest and most mean-spirited construction you possibly can on them. That’s what you’ve got to prove. Now imagine the highest standards of evidence you can. That’s the proof you need. Good luck!

(Embittered, me? Perish the thought!)

Traq

04072511 wrote: »

Is living together the number one criteria for getting a de facto visa? Plenty of people are in long term relationships where they are not living together. I really don't think something with such emotional consequences should have such strict, by the book, criteria.

Doesn't affect me or anything, as I don't have a partner down here. Just something I've always wondered.

Essentially living together is a major factor for proving that you're in a de facto relationship in order to satisfy Immigration. The key here is that your relationship must be a de facto one and not just a long term relationship. A de facto relationship in Australia is actually defined in various acts - The Family Law Act and the Property (Relationships) Act are two that I can think of - and both of these state that in order to be considered as being in a de facto relationship you must be living together as a couple.

That's not to say that there aren't cases where exceptions may be given - I'm not immigration lawyer so can't say for sure! - but the living together part, to me, seems to be a pretty key part in proving a de facto relationship.

universe777

I take it the OP has researched the relevant govt immigration website? Oz & NZ are two separate countries, you don't say which one you want to settle in.

People mention sending photos with your application? Read all the forms, guides and documentation to do with the visa you are applying for. I speak as someone who applied for a 309/100 visa and now have the 100 visa (PR).
They DON'T want photos, it says it in the documentation. Photos can be staged, no real way of telling when & where they were taken. I didn't send any photos.
If you are serious about it you will have had read all the official stuff already and seen what they want.

davepatr07

It would be NZ for sure as she is based there. From what I saw on the NZ immigration website photos are essential part of the application and they have to be dated. They do emphasis too that there has to be a valid reason why you are not living together (the fact I had a restricted visa) We did see each other alot in NZ and were at a stage of moving in together towards the end of the year, however it was too late as I had to leave by end of Jan 2011 (We met in April 2010).

Not sure about Oz though I know over here the process is stricter. Coming to the end of the 1st yr of visa, one more to go. Keeping the airline tickets and dated pics of each other as well as letters, emails you name it anything that proves we are a genuine couple. Family visits next year before we apply.


D

AngryHippie

04072511 wrote: »

Something about this whole thing bothers me when I think about it. What if you met the woman/man of your dreams with 4-5 months left on your working holiday visa? What happens then? Do they just break up a happy relationship and chuck you out of the country when your visa runs out (and if you havent got sponsored)? Does the length of time have to be over a year? Is living together the number one criteria for getting a de facto visa? Plenty of people are in long term relationships where they are not living together. I really don't think something with such emotional consequences should have such strict, by the book, criteria.

Doesn't affect me or anything, as I don't have a partner down here. Just something I've always wondered.

I came over here in '08, 6 months into my whv, things got serious with my other half, I went and did my farm work to get my 2nd year, we moved in together, opened bank accounts, went on holidays back to Ireland, bought cars together etc. with a week left on my 2nd whv, the application went in, I spent 15 months on bridging visa A answering various e-mails, and re-submitting little pieces of evidence (my own fault for not using an agent) and after all that time, I got it approved a month and a half ago. I'll be up for PR in about 8 or 9 months, but in the mean time, I can work, study, travel and all the rest as long as we are still together.

If i had gotten refused, I was prepared to put in an appeal to the Migration Review Commission/Tribunal, it costs about 1500 bucks, refundable on successful appeal, and at that stage you get to state your case to people, and personalities, emotions and all other aspects get to be considered, you can even call in witnesses and character referees for that. Until that stage, there is no emotion involved from the governments end, it is somebody in an office with a checklist and if its not complete, you don't get a visa....the end.

Its a test of patience, and an excercise in bureacracy, but if your preparation is thorough, and your case is legitimate, then you should get it in the end.

The NZ factor in this thread could be a major issue, as your other half would have to be resident in this country or at the very least with you. citizenship would not automatically grant a right to apply....

davepatr07

The NZ factor in this thread could be a major issue, as your other half would have to be resident in this country or at the very least with you. citizenship would not automatically grant a right to apply....[/QUOTE]

She is a NZ resident. At the end of the day we can't be together because of visa restriction so we have to try and work around it to build up a case. She has done some of the homework on her end it and it is possible to apply under our situation.