DoctorD

Hi there,

My partner is Australian, and I am British.
We are looking to apply for a 'partner' visa, but are still unsure which one we need to apply for...We are a same sex couple, and are in a civil partnership together - so in this case, do we apply for a spouse (309) visa, or an interdependent (310) visa?

Alternatively, is it a defacto visa? Simply because our civil partnership is not officially recognised in australia

I know on the aussie immigration site, it states the interdependent visa is 'generally for same sex partners' - however, as we are in a civil partnership (under UK law), can we apply for a spouse visa instead?

Thanks for your help!!

JAJ

Same sex => interdependent visa.

Has your Australian partner got British citizenship?

DoctorD

Thanks for the quick reply!!

My partner has temporary residency in the UK (he is currently living here with me)

JAJ

In that case if he leaves the U.K. and you subsequently wish to return, he may need to re-start the process from scratch.

How far is he from obtaining Indefinite Leave to Remain?

For the interdependent visa, there's information on the website of the Australian High Commission London as well as http://www.immi.gov.au

DoctorD

He has just over a year left before getting UK PR.

We dont plan on permanently relocating to Australia until i graduate from university (in 2010), but i have been told i can apply for temp res now, and remain in the UK as long as we are living together.

mvt550

Yup - as has been said - interdependent visa is the visa for you!

Unfortunately your CP means absolutely sod all here in Australia at the current time.
So being in a CP or not makes no difference which visa you apply for as you are not considered spouses here. (grumble grumble but that's for another day and another forum!)

However, being in a CP must surely mean that it is easier for you to "prove" that your relationship is genuine.

Regards
Madhu

JAJ

That is possible, provided there is still an intention to live in Australia.

Does he plan to go for British citizenship after he gets ILR? How long has he lived in the U.K. already?