Defacto Visa (100/309) - Offshore - Partners Apart, Low Income, Tourist Visa
 

Hello All,

Thank you very much for reading this.Please take some time to understand our (beautiful!) story:

I met my partner in Australia in a bus stop, I was an exchange engineering student. After four months we began living together. My one year study period was over and I had to come back to my home country to finish my degree.

My partner came with me, entered my country (Brazil) as a tourist and we have been living together ever since. In 14 days we are going to complete 1 year living together (6 months here , 6 months there) and on the next day she is coming back to Australia (tourist visa expiration and uni obligations)

I will be applying offshore for a subclass 100/309 de facto visa, but some questions bother me:

1) Is it an issue that I will be applying for my visa AFTER she is gone to Australia? I remember reading somewhere that both partners should be together on the time of application, although I can't find that information again.

2) Does her stay in my country as a TOURIST represent any problem to the living together requirements? (Technically tourists are tourists, they don't "live together", this is my guess at least)

3) Although the sponsor eligibility doesn't say anything about minimum income, all she had in Australia was minimum wage part-time jobs, does that influence somehow in my visa application?

My best regards,

Rodrigo :cool:

Re: Defacto Visa (100/309) - Offshore - Partners Apart, Low Income, Tourist Visa
 

Hi, welcome to BE :)

You don't need to be together when you apply - and you can include mentions iin your personal statement of why you are apart, the fact it is solely due to visa issues and uni commitmrnts. Keep proof of how you keep in touch when apart!

Perfectly ok to have been on a tourist visa - the fact is she was a tourist, in that she wasn't a worker, and she hadn't emigrated. She was there legally, thats the important thing.

She can show she has uni commitments, that should help with the income - she is obviously capable of a good wage. I would include your own CV and any evidence of job hunting in Australia ready for your own move. Also if you have any savings between you, make sure that gets mentioned. The fact you have already spent time in Aus and so know how the job market works should also help.

Re: Defacto Visa (100/309) - Offshore - Partners Apart, Low Income, Tourist Visa
 

Pollyana,

Thanks very much for your prompt response!

That certainly has encouraged me. I am trying to gather as much information as possible as evidence, we only really have utilities bills in each ones names and the rent contract under our name, all the rest of the application will be based on statements. I hope it works.

Do you , or anyone else, believe that registering a defacto relationship (not marriage) overseas (Brazil in our case) will make any difference to DIAC's decision?

Thanks again

Rodrigo

Re: Defacto Visa (100/309) - Offshore - Partners Apart, Low Income, Tourist Visa
 

I don't know that it will actually make a difference to the decision, but it would be excellent evidence of an ongoing commitment to each other :)