jolder

Hi,

I’m looking for some advice regarding an onshore partner migration application 820/801.

I have PR but we both currently live in the UK. I have been in a relationship with my partner for 7 years however approx. 3 years ago during a break in our relationship I applied for and was granted PR. I did not declare her at the time because I did not consider us to be in a continuing relationship and had no intention of us emigrating together, we split up. However a short time after me gaining PR our relationship got back on track and we have been steady for the last 3 years. During this whole time we were living together. I have activated my PR visa in its first year on a short trip then returned to the UK.

I’m now looking to make a permanent move over however I don’t want to leave my partner behind. I am considering whether it is possible for her to come out on a tourist visa so that we can spend the first few months together as a visitor and if she likes it and decides she wants to stay apply for an onshore 820/801

We have no problem proving the last 3 years together and even the last 7 years together, of which the last 5 we have been living together. However I’m not sure how I should approach the application and whether I should declare 7, 5 or 3 years considering we first met 7 years ago, I was not in a de facto relationship when I applied for my PR but have lived together for 5 years and have now been in a continuous relationship for the last 3.

Also is there a possibility of being granted an 801 straight away considering we can prove the last 3 years together continuously?

Thanks,

Jolder

Bermudashorts

I am just going to tell you what it sounds like as a third party reading your story for the first time. Implausible. It sounds totally implausible. It totally sounds like you flouted immigration rules by not declaring a partner. If I were the CO I would not believe you for a second. If you now prove you have been living together for the last seven years or even five years, you should expect your own visa to be at risk on account of it being granted without full disclosure of information.

So I would not even think about declaring anything beyond the last couple of years. In the new application, you can only declare time as defacto but suddenly being in a defacto relationship the day after your visa is granted is a push and hence I would only go for the last couple of years.

Tourust visas are for tourists, if that is what your partner is when she travels (so has a return ticket, a plan to return etc) then it is fine to use it.

jolder

I appreciate every comment but wow, don't hold back. Implausible as it sounds that's what happened.

You're suggesting somehow I planned it this way?

When I applied for my visa all I would have needed to do was pay an extra £1k, get police and health checks for my partner and add her to my application. All of which would have come back clean. Pretty much a formality and a guaranteed direct PR visa for her.

Now I'm looking at a move to Australia not knowing if she'll get PR, a £4k application that may potentially jeopardise my PR and a 12-15mth wait with no guarantee of success just to get an 820. Then another 2 year wait to get an 801.

Implausible? You think I planned it this way?

How did I flout immigration laws if I didn't declare a relationship, which at the time, didn't exist?

Regarding your suggestion of declaring the last 2 years de facto how would one go about explaining that if you are asked when you first met? I would have thought that would be more implausible.

Pollyana

Believe it or no there are people (who have posted on here) who have claimed they are estranged fro their families until after they get PR then suddenly they want advice on sponsring a wife and 4 kids and a mother in law, as the marriage has been miraculously rekindled. So yes it does happen.

You will both have to declare previous de facto relationships when you apply, its on the forms. I suspect DIBP will look for proof that you were living apart for some time,and then proof of the relationship restarting.
TBH I would run it past a good agent (George Lombard comes to mind - search the forum for hisdetails) and see what approach they suggest. You wouldn't necessarily need to engage them to do the application, just have an initial chat.

Bermudashorts

Don't be childish. I clearly prefaced my comment with how it looks to an outsider and to how it will appear to a case officer. Do you seriously think what I have suggested will not cross their minds? Because it will. Because many people have planned things this way for various reasons.

When you calm down and stop being so aggressive, I may consider your follow on questions.

Pollyana

It will, with a long and painful knowledge of case officers I know it will. Too many people have used the spouse visa to get exsting partners in after their own PR -we see it on here often.

OP - I'm not suggesting thats what you are doing, but like Bermudashorts says , that is how it may appear so be ready for the question.

jolder

OK. I see your point and why it could be used to abuse the system but assure you that is not our case.

We are two English born professionals, hard working, both with degrees with half decent jobs who could potentially choose to live anywhere in the world. It's our relationship circumstances that have meant we are now in this position, nothing else.