Visa Options

Hello,

I realise that defacto visas have been covered extensively but I feel that my situation is different and wondering if anyone can advise of potential options.

I was going out with a Scottish girl which ended in late 2011 (as her visa had expired). She had been over to visit a couple of times from New Zealand. We have been in contact continuously via whatsapp and phone. The content of the messages would be sufficient to fill a novel. I've been over with her for a month in January and we know that we want to be together. I'm not in a position to move over there (but will entertain the possibility if all others are exhausted). I am a citizen by the way.

If anyone has any advice of how best to proceed, it'd be greatly appreciated. It is doubtful that there are many people in similar situations.

pete4130

You're a citizen of where? Ireland? Australia?


Where is she? Scotland? New Zealand? Australia?

If you are an Australian Citizen then you can go to NZ no worries.

Your post isn't very clear.

Apologies if it was unclear.

I am a citizen of both Ireland and Australia.

She is now in Scotland and only has residency there.

Is there a way to apply for a defacto visa without having the 12 month requirement?


Hope this clarifies things a bit.

pete4130

If you can prove there has been an ongoing, long term committed relationship regardless of distance. That means skype chat logs, emails, phone records, plane tickets etc.

It can be applied for offshore while she is in Scotland but a better option could be for her to come to Aus on a holiday visa and apply on shore. She will be given bridging Visa B meaning she can stay, work and live here without restrictions, other than leaving the country without transferring to Bridging visa A for the duration of her time outside of Australia. This would switchback to the bridging visa B when she re enters. If you leave while on bridging Visa B without informing or getting the bridging visa A, then the bridging visa B gets cancelled.

Once she is here on the bridging visa B, you have approx 11 months before you need to submit more detailed information (888 forms, stat decs, phone records, bank accounts etc...) and she will be put onto an 820 (temp partner visa) for about a year before submitting most of the same documents again (888 forms, more stat decs etc...) and it's about an 8-10 month wait before they finalise the visa and she would be granted an 801 (perm partner) visa.

deeflynn

A practical option would be to move to Scotland or London and live together for a while.
Will test the waters also.

Keep records of shared utilities and joint rental / lease while there.

I have experienced this before .... better to try the relationship first and then worry about the visa after, as it can be stressful. If it works out there should be little trouble down the road proving your relationship.

I am sure you thought about this because it is the practical solution.

deeflynn

A practical option would be to move to Scotland or London and live together for a while I understand you say it is not an option but a sensible one in my book. If the relationship ended previously maybe it can again.


Keep records of shared utilities and joint rental / lease while in the UK.

I have experienced this before .... better to try the relationship first and then worry about the visa after, as it can be stressful. If it works out there should be little trouble down the road proving your relationship is genuine.

That or a long holiday together as in let her come over and live for a few months or vice versa.

Thanks for these replies. I've only just seen them. Very informative.