daisymoo

This is a post on behalf of a friend. She is in a same sex relationship, hairdresser and just received a positive TRA. She has been with her partner for a few years now and has joint most things like tenancy, bank account, car insurance etc. They both spent a year together travelling OZ and lots of other holidays with photos etc for proof also family gathering photos etc. They are sydney bound but one half of the couple is very doubtful as to whether she will succeed as she doesnt have a skill on the SOL. Does anyone have any advise or anything positive for her?

Thanks

sme

If they are applying as a couple won't the visa be assessed on just one of their skills ie the hairdressing ???

Good luck to your friends

daisymoo

This is what i said to them but the unskilled half is doubtful as to the proof you have to give and everything else. I said they should look at the de facto (i think thats it) stuff on here. They are no different to a straight couple as far as visas are concerned, am i right???
Thanks for your reply

Pollyana

I have a nasty feeling that its not the same, unfortunately. I think one of them has to get PR first, and then sponsor the other for the Interdependency visa (similar to de facto, but aimed at same sex couples.)
Might be worth posting on the Immigration forum where an agent may spot it.......

sme

I'm no expert but I'd imagine that they would be classed as a couple if they can prove the validity of their relationship - you mentioned tenancy, bank accounts etc and those would be the proof required by DIMIA. Why don't they talk to a reputable agent - I know that theres a few that post on here - usually on the immigration forum. It might be worth your while putting a thread up on there about this issue .

sme

That would be very sad for same sex couples. I wonder if anyones thought about legal challenge on discriminatory grounds ?

Pollyana

It does seem very unfair - I'm sure I remember a similar case a while back and an agent was advising the PR then sponsored route that I just mentioned. The law isn't quite as enlightened here on same-sex stuff as it is in the UK nowadays, unfortunately.

sme

So would Daisymoos friend with the skills be able to sponser her partner quickly or do they have to wait a given period of time ?

Pollyana

I think it would be the same as sponsoring a de facto partner of the opposite sex - you have to have PR and show you can support the partner, probably by being resident here with a job - don't take my word for it though, I really would suggest reposting on the Immi forum and/or speaking to an agent.

I won't just move the thread over as it screws up the Usenet side of the Immi forum - the thread needs to be started on there from scratch.

daisymoo

Sorry, did i post this in the wrong place, i love looking and posting but not quite sure of my way around it yet but if you point me in the right direction i'm sure i'll get there in the end

Carol

Pollyana

Not necessarily the wrong place, just that you may get more professional advice if it goes on the other forum
Just re-do your original post on here -

http://britishexpats.com/forum/forumdisplay.php?f=32

Good luck

saraliz

Pollyanna's right. They wouldn't be able to apply for PR as a couple, instead they would have to either each apply for PR separately (if they both qualify) or the person who does qualify would have to emigrate then sponsor their partner.

If you go to the main list of all the forums (click the 'discussion forum' link at the top of the page), the immigration forum is about halfway down the list - it's called "Australia + New Zealand Immigration). You'll probably get more detailed answers if you post there.

moneypenny20

Ian12 (I think) is here with his partner and children, can't remember if his partner is Aussie, but he would more than likely know the ins and outs. Might be worth e-mailing him. Haven't seen him on here for a few weeks.

Unfortunately, unless you are specifically looking for that info for your personal circumstances, folks don't read about other stuff. They have enough on their plates working out their own visa's etc

Alan Collett

As noted above, same sex couples are not treated the same under general skilled migration => the strategy in such circumstances is usually for the skilled person to apply for a skilled visa, and after that has been granted an application is made for an Interdependency visa (almost identical to a spouse visa application).

The good news is that the Interdependency visa application should be processed quickly if lodged at the Australian High Commission in London.

The friend of the initial enquirer should feel able to call my office in Southampton (023 80 488777) and to discuss their visa plans with my colleague John Sylvester.

Best regards.

Hutch

And there was me thinking you didn't stray any further than the immi forum.