katie1202

Hi Everyone,

Would be so grateful for any advice.

Boyfriend and I currently live in Scotland and are looking at move to Melbourne. Pretty early stages at the moment but I like to have as much info as poss!

He is a vehicle paint sprayer to trade and it looks like he maybe be offered a job with BMW and that they will sponsor a visa for him.

I've done a lot of research and from what I can see (might be totally mistaken as it is a bit of a mine field!!) I could get the one year work/holiday visa and be committed to doing 3 months work in some type of agricultural industry then we could revisit this later, or I could try and get a visa as his de facto partner, is this correct?

We have been together in an exclusive serious relationship, for 15 months. During this time we have had two holidays (paid for jointly) , many trips/nights away, met each others extended families ect. When we met we both still lived with our parents, I now stay every night, bar occasional overnight visits together to my house with him at his family home. Our parents homes are literally 5 minutes apart and I have never had any of my mail changed to his address, most of my bills/statements are received electronically anyway and anything else I easily pick up when I visit home. We have hundreds of pictures, messages ect and our phone bills would show we speak on the phone constantly.

I'm just a bit worried that without joint bills ect they might not accept this ? Does anyone have any experience / advice?

Thank you so much :-)

Alborg

You're not living together so sound more like boyfriend\girlfriend rather thsn defacto partners. Living together is not the only factor but it is a very big one.

No harm in getting WHV for 2 years to live together in Australia then apply for onshore partner visa once you have been living together for 12+ months. That would work.

katie1202

We do love together in the sense that we sleep in the same bed every night, but we do not have our own propert either rented or owned, would this not count as living together? Sorry May seem so obvious just new to all this!!
Thanks for the advice, that could be more of an option for us,
Katie

Alborg

I don't know for sure but you don't sound like a defacto partner in the true sense (no reason why you can't be one in the future).

Together for only 15 months, no shared bills, you live with him and his parents so you don't and never have had a place together. It's quite a weak case for a defacto partnership, as I say sounds more like boyfriend/girlfriend and his parents are happy to put you up.

There is no harm in going WHV route. That way you get your 2 years living together, can see how it goes together, how you like Australia and can apply as defacto partner. Any reason why you wouldn't want to do this? Seems like the sensible option.

katie1202

Not at all just want to be sure of all the options, thanks for the help

katie1202

Sorry one further little question, the only concern I had with the WHV was the requirement for 3 months work in specific areas like picking fruit or landscaping, I'm currently an office worker so not sure how well id do with a job like that, do you know anything about this requirement at all? Thanks again,

Alborg

I'm sure you could manage picking some fruit or working on a farm for a few months if it meant you get to stay with your defacto partner and get a permanent visa at the end of it. You never know you might enjoy it.

Second Working Holiday Visa

To apply for a second Working Holiday (Temporary) visa (subclass 417), you must:
•have complied with all the conditions on your first Working Holiday visa
•have not previously held more than one Working Holiday visa
•have completed three months of specified work in regional Australia while on your first Working Holiday visa.

spouse of scouse

Hi Katie, this link goes into detail about specified work for a second year WHV - Working Holiday visa (subclass 417)

katie1202

Thanks for all the useful replies.

Does anyone know, if I were to have a WHV for the 1st year then live with my partner for 12 months in Melbourne, register our relationship and then apply for a de facto partner visa for me, would I be able to get a bridging visa for the period in between my WHV visa running out and hopefully getting the partner visa? Could this mean I wouldn't have to do the 3 month regional work?

Thanks again for all the help, this is all a total minefield!!

Katie

Pollyana

If you register your relationship then you don't need to prove that you have been living togethr for the 12 months.
Registering the relationship is treated the same as marriage now, so as soon as you register it you can apply for the visa. Obviously the more time you have been living together the more serious the relationship will seem, and the more evidence you will have, but you don't need to meet the 12 months.

So you could come over on a WHV, move in with him, register the relationship at some point during the year and then apply for the Partner visa straightaway You will then get a bridging visa once the WHv runs out, until a decision is made on the Partner Visa.

katie1202

I thought for Melbourne one of there conditions was living together for 12 months but I could be wrong, if so that would be awesome!!

Thanks
Katie

Pollyana

You do need to clarify one thing though. If the company are sponsoring him, are they sponsoring him for Permanent Residency, or just for a 457 temporary visa? Very important to establish which.

If its a 457 you would need 6 months living together, then you can be added to his 457 as a de facto partner. BUT this is a temp visa.

If its a permanent residency visa then everything else in the thread stands correct, he can sponsor you for a Partner bisa. If he is only on a temp visa then he can't sponsor you, you just get added to his visa as a dependent.

katie1202

I believe it would be a 457 initially for a four year period, he has a Skype call arranged with them tonight so hopefully will get some more info then. Just to try and make things clearer in my head, I could get the WHV, go with him, register our relationship, after six months apply to have me added to his visa. If this was going to take longer then 6 months to be approved I could have a bridging visa to allow me to stay? And as I wont need a second year WHV I wont be required to undertake the 3 months specified work?

Thanks again for all the help!! X

Pollyana

ok, if its a 457, get the WHV. After 6 months that you can prove living together you would need to ask the company if they are willing to sponsor you on his visa as his de facto. Might be something he needs to talk to the company about now - especially if he is calling them tonight.
If they are willing to add you after the 6 months, all good, you go straight onto his 457 and shouldn't need a bridging visa.

He should ask them if they intend to sponsor him for a permanent visa eventually, as a 457 doesn't automatically lead to permanent residence.

If they won't sponsor for PR and he has to apply for it himself, assuming he is eligible, or even if they are sponsoring him for PR, , then as long as you have registered your relationship you can be added as his partner from the start.

As long as you both register the relationship as soon as you can ( check out the requirements for the State) you don't need to prove the time cohabiting as de facto. Its the equivalent of being married

katie1202

This is amazing thank you so much! :-)