craftychic14

So I'd like to live with my boyfriend in Australia... But I have a few problems.
Our plan is for me to apply for a visitor visa and stay the maximum 12 months that the visa allows.
Then apply for a partner visa since the 12 months living together requirement will be satisfied by me living with him on the visitor visa.
The only issue is, the partner visas take 12-15 months to process (according to their website)
If I wanted to extend my stay so I won't have to come back home, could I? Would I be able to apply for another visitor visa right before mine expires? Could I extend my stay in any way?
I know I'm probably going to have to go back home while the partner visa is being processed. I would just like to avoid leaving australia if possible.

Thanks for reading

Bermudashorts

If you apply for the partner visa onshore, you would get a bridging visa that would enable you to stay whilst it is being processed.

But there are some risks with your plan as I see them. Firstly 12 month visas sometimes come with a no further stay condition, which would mean that you cannot apply onshore for your next visa, hence you would need to leave to apply and no bridging visa.

The other risk, is that tourist visas are for tourism, they are not for building on time together so you can apply to stay. So there is a risk you get turned away at the airport if anybody believes your intentions are not tourism.

Other options you might want to consider are the working holiday visa if you are the right age group. Or the prospective marriage visa if a wedding is on the cards. Or get married.

BritInParis

Providing you're not turned away at the border or your visitor visa has a 'No Further Stay' condition attached to it then your plan could work. I see the main problem with your plan is that your boyfriend is going to have to be willing to support you financially for 12 months as you won't be able to work whilst building up enough time to apply for a de facto partner visa. As Bermudashorts said, you will be issued with a Bridging visa which now usually comes with automatic work rights attached to it whilst you wait for your partner visa to be processed.

If you know you want to be together then marrying beforehand, going to Australia on an eVisitor visa and then applying onshore immediately for your partner visa would be a better plan as you'll be able to work on your Bridging visa whilst you wait.

Note that you would not be allowed to leave Australia whilst on your Bridging visa so you'll need to make sure you're happy to stay for 12-15 months.

Pollyana

Added to that, if the OP is planning to get their entire 12 months de facto cohabitation while on the visitor visa the plan to apply onshore may not work as they can't apply until they can prove 12 months cohabitation.
So even if they apply after exactly 12 months,m that would be the day the visitor visa would run out, and the application may not be acknowledged for several days/week or two afterwards - hence I believe the OP would be here illegally as I don't think the bridging visa kicks in until the application is acknowledged as lodged.

BritInParis

I would apply around the 11 month mark. The case officer has a certain amount of discretion if the applicant is clearly in a de facto relationship with the sponsor but hasn't quite met the 12 month requirement.

If the CO is pedantic enough to refuse such an application then all the OP has to do is appeal their decision as by the time the appeal is processed they would have hit the 12 month mark and then some and the application would then be approved.

With partner visa processing times in London approaching the 12 month mark and applicants lodging onshore being given Bridging visas with work rights almost automatically there's no advantage in lodging offshore at the present time.

Bermudashorts

Really don't agree with that. I think there would be a very high chance if refusal and the situation at time of application matters.

I have previously seen a DIBP FAQ which asks the question "can I apply at 11 months" and the answer was no. That was a whilst ago, but u can't see why it would have changed.

Me, I would not risk $3,500 on it. There are other options like registering a relationship though, although I have seen this is practice very few times.

BritInParis

I would agree the chance of refusal is relatively high but then the appeal is almost certain to succeed if the relationship is genuine and supporting evidence can be produced. An appeal allows evidence to be submitted from after the date of application but before the appeal is heard so if you're a few weeks short then you can produce sufficient evidence to push you over the 12 month mark before your appeal is reviewed then you would meet the requirements for a de facto partner visa. It's a bit of farce as far as DIBP is concerned but those are the rules.

Personally I would go with my alternative option and marry before travelling to Australia on an eVisitor visa and then apply onshore. Far less chance of being refused and as the OP will then be free to work on her Bridging visa until her partner visa is granted the longer onshore processing times are practically irrelevant.

Bermudashorts

Refusals and appeals sounds very stressful.

I would go with your alternative option too.

TeeTMI

Depending upon the circumstances there may be an alternative.