Hi all,

With the remainder of my thai g/f 2nd tourist visa expiring soon, i've started to do some research into partner visa's. I found the recent legislation change regarding the 12 month relationship requirement.

" From 9 November 2009, the Migration Regulations 1994 ('the Regulations') are amended to exempt de facto couples who have registered their relationship under a prescribed state or territory law from the requirement that their relationship must have existed for at least twelve months as set out in paragraph 2.03A(3)(b "

Has anybody had any experience with registering their relationship in Australia?

Some of you may remember from previous posts,

I have known my g/f since march 2009, we have been "de facto" since June 2009. Our relationship is great and she loves living in Australia but this is her 2nd 3 month tourist visa since July 2009 and i am highly doubting the likelihood of obtaining another tourist visa in the near future, if at all.

So Prospective Marriage visa or a Partner Visa? One you have to get married (within 9 months), the other you dont.

I would prefer the partner visa and get married when WE are ready to get married.

Although im not sure we will comply with the criteria regarding the relationship existing for at least 12 months.

But reading about this legislation change got me thinking maybe we can??

any advice would be much appreciated.

First of all, what State or Territory do you reside in?

Bridge

First of all, what State or Territory do you reside in?

Bridge

Hi Bridge, We a living in Victoria....

First of all, what State or Territory do you reside in?

Bridge

Hi Bridge, We a living in Victoria....

Basically the recent amendment provides that the minimum relationship period (12 months) does not apply if the de-facto relationship is registered under a State or Territory Law.

For Victoria you should look at the Relationships Act 2008 (VIC). You need to look very carefully at Part 2.2 of that Act.

I have attached a link below to that Act:

http://www.austlii.edu.au/au/legis/vic/consol_act/ra2008173/

It is my opinion that Pt 2.2 6(a) of the Act may present a significant problem for you as it is a requirement that each person in the relationship is 'domiciled or ordinarily resident in the State'

All the best

Bridge

Edited December 29, 200916 yr by bridge

Go for another tourist visa. I first applied and was knocked back ,I applied again 1 week later with more info about relationship and was granted a 3 month no further stay. Later applied for another tourist visa and granted a 3 month visa without the no further stay requirement. I applied again for a tourist visa , but I asked for a 12 month / 3 month at a time visa stating in the application I wanted to cement our relationship as I had been married/divorced in Aus. before and wanted to be sure about this relationship. We married in Australia before the tourist visa run out, so when she went home she lodged the spousal visa in Bangkok($600 cheaper) and within 2 weeks all was approved. Her son was put on her visa application and now they both live with me in Australia since March 2009. We first met in April 2006.

There's no reason to rush things , just don't lie about anything in applications.

Cheers

Happy Thommo.

Edited December 30, 200916 yr by thommo46

Hello from Thailand this time.

First off you dont meet the de facto requirements for any state. You need to have been living as a married couple for 12 months.

Then as Bridge has pointed out, there is another hurdle that may preclude you.

Hi guys thankyou for the input,

Bridge -

in reference to being domiciled or ordinarily resident in Australia, I contacted the Dept. of Births Deaths & Marriages for clarification and I got a rather vague response. First she said that living in Australia for 3 months would suffice, then she contacted her team leader who said - No, for a relationship for to be registered in Victoria both parties need to be permanent residents and that definitely no one on a temporary visa would be eligible.....?

I then spoke with Immigration on this issue and she seemed to think that the advice I received may not be correct and that maybe i should try calling back the Dept. and speak to someone different.....

We might just take a punt on a 3rd tourist visa when she returns to Thailand in Feburary, hopefully we may be able to get a 6 or 12 months visa giving us more time to cement our relationship and also fulfilling the requirements for a partner visa when that expires.

Back to the drawing board if that doesnt work.

Hi guys thankyou for the input,

Bridge -

in reference to being domiciled or ordinarily resident in Australia, I contacted the Dept. of Births Deaths & Marriages for clarification and I got a rather vague response. First she said that living in Australia for 3 months would suffice, then she contacted her team leader who said - No, for a relationship for to be registered in Victoria both parties need to be permanent residents and that definitely no one on a temporary visa would be eligible.....?

I then spoke with Immigration on this issue and she seemed to think that the advice I received may not be correct and that maybe i should try calling back the Dept. and speak to someone different.....

We might just take a punt on a 3rd tourist visa when she returns to Thailand in Feburary, hopefully we may be able to get a 6 or 12 months visa giving us more time to cement our relationship and also fulfilling the requirements for a partner visa when that expires.

Back to the drawing board if that doesnt work.

Indeed, being in Australia on a tourist visa would certainly not meet the definition of being 'domiciled or ordinarily resident in Australia'. Keep us updated.

Happy New Year

Bridge

I would be surprised if you can do it.

My wife got a defacto 309 visa issued Feb 2009 (we married later because we wanted to in September 2009). The embassy in Bangkok had zero problems with our very comprehensive application, but I was definitely given the impression when making enquiries etc that 12 months together is the bare minimum they would consider, however you can call the embassy between certain hours (details are on the embassy's website) and speak to a case officer about it. In the past I was able to get through in the past and have a proper chat and got definite help but you may have to hit redial a lot to and stay on hold for ages etc...

You can also email the VFS office- they are very good at rpelying but they may not be able to help in a technical situation like this.

I don't see a problem in getting further Tourist Visas. My Thai ladyfriend (We are not married) has just recieved her sixth 3 Month multiple entry Visa. Provided you still meet the same application criteria as you did for previous applications.

Give it a go!