Higher Education Sector (Subclass 573) Visa

[bridge]

Cheers for confirming i wasnt talking crap.

And the following is certainly applicable to the OP.

My job in Australia does not allow me to travel to my partner's country to live there for extended periods. We have been in a relationship for 12 months but lived together for only eight months. Will I be eligible to sponsor my partner to Australia?

You may be eligible. It is recognised that it is possible for the parties to be physically apart for periods of time, due to work or travel commitments, yet committed to a shared life.

In assessing a relationship, a number of factors other than periods of physical cohabitation are taken into account.

You are only reading what you want to read....try reading the whole thing.

"What is the relationship requirement?

Applicants seeking to demonstrate a de facto relationship with their partner must provide evidence that for the period covering at least the twelve months before the visa application is lodged:

•they had a mutual commitment to a shared life to the exclusion of all others•

the relationship between them is genuine and continuing

•they live together, or do not live separately and apart, on a permanent basis."

There are not many jobs in Oz that allow for living in or travelling to Thailand, so that is not reason for exemption from the above. You still need to satisfy the above criteria.

Look i appreciate your links and info and agree to disagree.My earlier post was dealing with the specific question at issue direct from your link.

i am basing my view on a very good friend in Sydney having just received the defacto visa for his partner and he has spent no more than 3 months per year in thailand over the last 3-4 years. This is telling me its possible for relationships that have been ongoing for a longer period of time and that can be proven to be genuine.How do you explain the granting of this visa?My friend read everything exactly the same way as i did and i helped him with his visa application. Just for the record, he had one of those Pattaya based agents wanting 90000baht and advising him to get the spouse visa as he was never going to get the defacto one.Did everything himself with a bit of my help and bingo.

Me personally due to my relationship only being just over 12 months i have taken the route of 2 x 2 week trips to Thailand, 1 x 3month TV to OZ followed by a 6 month TV to OZ. Once this 6 month TV expires in November that will total about 10 months out of 14 months that we have actually lived together.

I think it could be argued that you are living together and not permanently apart. One strong word of caution your relationship is very short. look at ALL the requirements I posted earlier from the Migration Regulations. How many can you address?

Edited October 3, 2011 by bridge

[Turboadam]

This guy doesn't want to listen to anything other than what he wants to hear.

Oh well, will be his wasted dollars and time when his Defacto app is knocked back on the grounds of failing to meet the 12 months living together criteria.

Oh, and yes Bridge is an (semi retired) agent who knows more about this stuff than you ever will.

Edited October 5, 2011 by 7by7
Provocative statements removed

[Misterwolf]

This guy , he doesn't want to listen to anything other than what he wants to hear.

Oh well, will be his wasted dollars and time when his Defacto app is knocked back on the grounds of failing to meet the 12 months living together criteria.

Oh, and yes Bridge is an (semi retired) agent who knows more about this stuff than you ever will.

Please highlight where i have questioned bridges credentials or experience?

As much as you wish me ill, i hope you have a nice day.

Edited October 5, 2011 by 7by7
Provocative statements removed

[7by7]

Keep the silly point scoring and childish provocation out of it, or I will close this.

It seems to me, an outsider, that although technically a couple should have lived together for the past twelve months, periods apart are allowed.

A point all sides now seem to accept.

[MaxOz]

long time reader first time poster. My misses and me applied for a defacto visa in July 2007. We had known each other for 16 months when we applied. I had spent 3 months in Thailand and she had spent 2 x 3 months in WA with 4 months back in Thailand in between. We were told by the case officer that our application would be refused as we didn't satisfy defacto. We asked for it to be put on hold which they did as we were going to marry in the near future. She is now in Oz and we have a 2 year old.

[dmbd]

Guys,

Thank you so much for your replies. I thought I was subscribed to the topic and therefore I didn't think there were any further replies, however I have just noticed there have been.

I understand exactly what you mean about the living together for 12 months prior to the application. I honestly think that it is better to live together anyway to get a proper feel of if the relationship will work.

Could you offer any other suggestions on what other types of visas may be suitable? (it becomes quite an expensive exercise paying for visas, ridiculous tuition fees in Aus for foreigners (better to wait till she gets PR really! ). I think the partner visa would most likely be an option if we lived together for a considerable period of time (even 3-6 months) on a tourist visa based on the length of our relationship. (note the: The 12 month relationship requirement does not apply in some circumstances.) I can see where you are coming from in saying that the partner visa might be approved, however if it would be more of a 'guarantee' and assist with the visa, it might be better to apply for a tourist visa for a 3-6 month period, live together here, and then apply for a partner visa. Atleast this way she would also get the benefit of Medicare and would also be able to study.

All of this is very overwhelming at my age. I'm only relatively young (28) and doing something like this is quite a big deal.

If you could offer your advise it would be greatly appreciated. I would even be happy going through the application process through an agent if you believe that it would be beneficial?

Thanks again for your help

David

[Misterwolf]

long time reader first time poster. My misses and me applied for a defacto visa in July 2007. We had known each other for 16 months when we applied. I had spent 3 months in Thailand and she had spent 2 x 3 months in WA with 4 months back in Thailand in between. We were told by the case officer that our application would be refused as we didn't satisfy defacto. We asked for it to be put on hold which they did as we were going to marry in the near future. She is now in Oz and we have a 2 year old.

Can this be possible that a case officer informs you out of the goodness of their heart that your application will be rejected and then allows your visa application to be put on hold?First time i hear this.

On top of this the on hold application can be changed from defacto to marriage?

[MaxOz]

long time reader first time poster. My misses and me applied for a defacto visa in July 2007. We had known each other for 16 months when we applied. I had spent 3 months in Thailand and she had spent 2 x 3 months in WA with 4 months back in Thailand in between. We were told by the case officer that our application would be refused as we didn't satisfy defacto. We asked for it to be put on hold which they did as we were going to marry in the near future. She is now in Oz and we have a 2 year old.

Can this be possible that a case officer informs you out of the goodness of their heart that your application will be rejected and then allows your visa application to be put on hold?First time i hear this.

On top of this the on hold application can be changed from defacto to marriage?

Not sure about the first part of your question sorry, but once we told them we were married the visa was based on our marriage status.

[Misterwolf]

long time reader first time poster. My misses and me applied for a defacto visa in July 2007. We had known each other for 16 months when we applied. I had spent 3 months in Thailand and she had spent 2 x 3 months in WA with 4 months back in Thailand in between. We were told by the case officer that our application would be refused as we didn't satisfy defacto. We asked for it to be put on hold which they did as we were going to marry in the near future. She is now in Oz and we have a 2 year old.

Can this be possible that a case officer informs you out of the goodness of their heart that your application will be rejected and then allows your visa application to be put on hold?First time i hear this.

On top of this the on hold application can be changed from defacto to marriage?

Not sure about the first part of your question sorry, but once we told them we were married the visa was based on our marriage status.

You claim that a case officer informed you that your application was going to be refused so you were able to put it on hold. I did not think this was possible.I would have thought you would have had to reapply rather than an application being able to be put on hold.

PS. Hate the hawks, go the Mighty Blues.

[MaxOz]

long time reader first time poster. My misses and me applied for a defacto visa in July 2007. We had known each other for 16 months when we applied. I had spent 3 months in Thailand and she had spent 2 x 3 months in WA with 4 months back in Thailand in between. We were told by the case officer that our application would be refused as we didn't satisfy defacto. We asked for it to be put on hold which they did as we were going to marry in the near future. She is now in Oz and we have a 2 year old.

Can this be possible that a case officer informs you out of the goodness of their heart that your application will be rejected and then allows your visa application to be put on hold?First time i hear this.

On top of this the on hold application can be changed from defacto to marriage?

Not sure about the first part of your question sorry, but once we told them we were married the visa was based on our marriage status.

You claim that a case officer informed you that your application was going to be refused so you were able to put it on hold. I did not think this was possible.I would have thought you would have had to reapply rather than an application being able to be put on hold.

PS. Hate the hawks, go the Mighty Blues.

Sorry, I mean I dont know whether they do it in all cases or we were just lucky..... Maybe ask the CO for feedback. Sorry cant be more helpful than that.

[Douggie Style]

my 2 cents, probably wrong lol... not intended to be any kind of advice

key point was, ' ..he had proof the relationship had gone back 3-4 years.'

so 12 mths can be satisfied,

separation is not fatal to case, from memory case law exists where people were apart for strong reasons, also cases on arranged marriages would be interesting ...

secondly there is some wiggle room in waiving the 12 mths with the 'compassionate and compelling' waiver

So on my reading it is possible

Practically it is a different matter and much harder to prove, many cases rejected under or just over 12 months rule or with much separation...

decision makers are time pressed/poorly trained/lazy and practically look to make their job easy

they look to the spouse regs considerations as listed previously plus length of time for defacto, and often read these rules very strictly without allowing for the exception (where permitted)....

MIGRATION REGULATIONS 1994 - REG 2.03A

Criteria applicable to de facto partners

(1) In addition to the criteria prescribed by regulation 2.03 , if a person claims to be in a de facto relationship for the purposes of a visa application, the criteria in subregulations (2) and (3) are prescribed.

(2) If a person mentioned in subregulation (1) applies for a visa:

(a) the applicant is at least 18; and

( the person with whom the applicant claims to be in a de facto relationship is at least 18.

(3) Subject to subregulations (4) and (5), if:

(a) a person mentioned in subregulation (1) applies for:

(i) a permanent visa; or

(ii) a Business Skills (Provisional) (Class UR) visa; or

(iii) a Student (Temporary) (Class TU) visa; or

(iv) a Partner (Provisional) (Class UF) visa; or

(v) a Partner (Temporary) (Class UK) visa; or

(vi) a General Skilled Migration visa; and

( the applicant cannot establish compelling and compassionate circumstances for the grant of the visa;

the Minister must be satisfied that the applicant has been in the de facto relationship for at least the period of 12 months ending immediately before the date of the application.

establishing sponsorship for a spouse type visa never used to be that difficult ... 'to the extent necessary, financially and in relation to accommodation:' years ago it just used to be an extra form

Edited October 18, 2011 by Douggie Style