urchin30

Recently i had a telephone conversation with an Australian visa agent in london ref a last remaining relative visa, all my immediate family (parents & sister) have immergrated to OZ & now live in QLD & i'd like to go and join them.
I called this agent for an assesment over the phone but was halted in the first couple of minutes because i said i had a girlfriend...we have been together for 6 months, we're totaly independant of each other & have nothing in our names & are currently living together in a property rented by her work in France.
I was told there are 3 options,
1, Terminate the relationship & then apply.
2, Lie on my application that im single in which case the agent would have to declare that i terminated the reltionship which if discovered could get my visa deleted permenantly!
3,Use another agent????
Does this sound familier to anyone? I get the feeling im getting the brush off! Both my parents and sister used this agent which is why i chose to call them.
I find it hard to believe that being in a relationship for 6 months could get my application thrown out....any insight/advice into this will be greatly apreciated.
Thanks,
Urchin30

ex_exile

Seems that option 3 would be best for you as partners are allowed on this visa.
Remaining Relative Visa (Offshore) (Subclass 115)


Who is this visa for?

This visa is for you if both of these apply:

• you have a brother, sister, parent (or step-equivalent) who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen usually resident in Australia
• you and your partner have no brothers, sisters, non-dependent children, parents (or step-equivalents) other than those in Australia.

Your partner and other family members may be included in your application if they meet certain requirements.

louie

Except that the partner would also be required to have no close family outside Australia, which I guess is unlikely.

I would say it comes down to the definition of partner. For other purposes, you normally need 12 months cohabitation before you are considered to be partners. I don't know if it is the same for this visa, but I would try another agent and see what they think.

frizzy1

I would also be interested to hear the answer to this one as normally the definition of partner means living together for 12 months. However, I am planning to apply for the LRR visa in the next 6 months and am dating someone. We live completely separate, separate houses, separate bills, nothing shared, no plans to change this etc.

I also asked an agent and was told that despite not meeting the "partner" definition for all other visas at the time of application, they could refuse me. Even if I ended the relationship and then started up the relationship after getting the visa they could technically cancel my visa.

It seems unfair to me that in order to get a defaqto visa you MUST evidence 12 months co-habitation but when it comes to be a last remaining relative, different rules apply! In my view provided that your relationship doesnt meet the definition of "Partner" for a defaqto then it shouldnt impact on this via.

However, as the agent told me, the immigration people often make up their own rules for determining what is considered "a relationship".

Please let me know how you get on and I will do the same.

Friz

Shellyj

It's not just the LRR Visa, some TR visas, 457 being one, dont need the same proof of 12 months living together as the Spouse Visa.

lovekan

i know its soo not fair, i m currently on 457 and have applied for ENS, but i have my parents bros and sis all aussie citizens, but i cant apply for last remaning relative visa coz my husband has a bro who is well settled in the USA.

so i am stuck as i have apply for ENS or 457 if i wanna join my family.

i dont knwo how can both the aplicant and teh partner have no one outside australia to be eligible

frizzy1

Hi,

Thats interesting, I didnt know that, thanks.

I guess I am just frustrated that I cannot move to Oz to be with the rest of my family unless I end all relationships (no matter how long) before applying/going.

Seems a little harsh, particularly as I am not getting any younger and decent men are hard to find these days!!

urchin30

Great feedback thanks, it seems to me (theoreticaly) the only way to obatain this visa is to be single....but for how long?? Am i not allowed a partner untill i get the visa? Is there a time limit on being single after obtaining the visa? Do i have to sether all ties with my current girlfriend.....forever?? The requirments of this visa seem sketchy & unfair, how for example can anyone prove im even in a relationship if there is nothing on paper? we could just be close friends!! I have lots of relationships.....friends, girls and guys that i've known all my life, are they considered to be family?? i'd consider some of them family & im sure some of them would love to move to OZ.
Even if my girlfriend wanted to apply for the defacto visa in the years to come am i right in saying that people who have entered on a last remaining relative visa aren't allowed to sponser anyone anyway??
Sorry im ranting now, finding this all very frustrating.
Thanks for taking the time to reply to this thread & good luck!

Pollyana

I can understand your frustration, but I think the idea of the Remaining Relative Visa is just that - ou have no relatives or family except those in Australia. So if you have a partner, that person is your family

louie

I expect you've already seen this here but defacto spouse is defined on the DIAC website as:

"A person is the de facto partner of another person (whether of the same sex or a different sex) if:

•they have a mutual commitment to a shared life to the exclusion of all others;
•the relationship between them is genuine and continuing;
•they live together or do not live separately and apart on a permanent basis; and
•they are not related by family."

And it goes on to say

"For an application for a permanent, Business Skills (Provisional), Student (Temporary), Partner (Provisional), Partner (Temporary), or a General Skilled Migration visa the de facto relationship must have existed for at least 12 months immediately preceding the date of application" which implies that there is a different (lesser) test for the last remaining relative visa.

Only you know if your relationship fits that category.

JAJ

Remaining Relative is a permanent visa, so the 12 month cohabitation requirement (for de-facto partners) applies - absolutely.

However, this is assessed when the visa is about to be granted, so if you've passed the 12 month mark during processing, then then look at de-facto partner's close relatives and normally then refuse the application.

Casual dating does not create a de-facto relationship and a remaining relative visa applicant does not have to promise to stay single for life.

Living together with a girlfriend may or may not be a de-facto relationship. Would need to work through the details carefully.

I would suggest a second opinion from an agent ... try Ian Harrop in the UK or George Lombard in Sydney. Be prepared to pay for assistance. I absolutely recommend experienced professional assistance if you plan to apply for remaining relative and later on sponsor a spouse. Be assured they will look closely to see did the relationship exist (on a de-facto basis) before the visa was granted/validated and they can cancel the visa if they think it was obtained fraudulently.

laven

If this helps I read on the Russian forum, a 115 visa male applicant was refused the visa because he had a female roommate, they simply didnt believe they were just roommates, nobody would ask you for a 12 month relationship proof:-) Again there is no 12 month requirement mentioned in the family member visa booklet.

frizzy1

O.k, just found this on the Immigration website;

http://www.immi.gov.au/migrants/family/definitions.htm

Definitions
The definitions on this page are in reference to Family Stream Migration, including visa Subclasses: 100, 101, 102, 103, 110, 114, 115, 116, 117 143, 173, 300, 309, 310, 445, 801, 802, 804, 814, 820, 826, 835, 836, 837, 838, 864 and 884.

Partner
A partner is your spouse or de facto partner (including same-sex partners).

De facto partner
A person is the de facto partner of another person (whether of the same sex or a different sex) if:

•they have a mutual commitment to a shared life to the exclusion of all others
•the relationship between them is genuine and continuing
•they live together or do not live separately and apart on a permanent basis
•they are not related by family.
For an application for a permanent, Business Skills (Provisional), Student (Temporary), Partner (Provisional), Partner (Temporary), or a General Skilled Migration visa the de facto relationship must have existed for at least 12 months immediately preceding the date of application.

So, according to the eligibility critieria for a LRR visa, provided my boyfriend doesnt meet the Partner definition above i.e a spouse or defaqto partner, my relationship shouldnt be taken into account. Therefore, as I do not live with my boyfriend AND NOT living with him at the time the visa is granted, I should be o.k???? Well at least according to immigrations own definitions.

I also agree professional paid advice is needed here as I certainly dont live with my boyfriend but dont want to necessarily end the relationship just for the visa. It would be nice to know if I can continue dating him and still get this visa. I have no idea if things will work out at this stage, and having previously divorced have no intentions of rushing into things, but, if they did work out and he ended up being my Mr RIght, I wonder, if we then met the criteria of living together after getting my visa, what the circumstances would be for him getting a defaqto/spouse visa????

The post above about the russion person getting refused due to a room mate seems very harsh!!

Ahnissi

frizzy1, the problem with that person was that when interviewed, he admitted he once (or maybe on a few occassions, I can't remember details) had sex with his flatmate. Apparently, the guy was pretty much sure this fact wasn't of any importance or was just being too honest for his own good.

Also, not wishing to scare you by all means but just to put things in perspective, that same person told that some people from the embassy were questioning his neighbours. Of course, such things are more likely to happen in HR countries, due to understandable suspicions of fraud.

JAJ

We don't know all the details but my immediate suggestion would be an appeal to the Migration Review Tribunal as this appears, on the surface of it, to have been an unlawful decision.