Hi Guys,

I'm just trying to canvas some opinions from people who have been through the application process for a partner visa. I would really appreciate anybody taking the time to share their thoughts if they feel they might help. Here's my situation:

I don't know if it would be better for me to return to the UK and live together with my girlfriend for the next couple of years - thereby ensuring our case for a partner visa is rock solid, or if we have enough evidence to have a realistic stab at applying for a partner visa for her now. I have photos of our trips together, plenty of written communication by instant message and email, flight tickets, intimate items such as Valentine's Day cards, receipts from hotel bookings etc... I just don't know if it will be enough and am trying to figure out a percentage likelihood of being successful now...

At the end of the day, it won't be the end of the World if I have to return to the UK. There are a lot of family matters that seem to be happening back in the Mother Country. For a start, I'm going to be an Uncle. Also, unlike some expats, there's a lot I miss about the UK. I'm a keen hiker and the concept of the public footpath across private land has not reached Australia, nor has the right to roam.

Ultimately though, after a 2.5 year long distance relationship and the trials and tribulations of what we've both been through, I'd like to do the best for my girlfriend. She really likes Australia, and I think if there is any chance she could successfully apply for and obtain a partner visa now, then it's something we should explore. Personally, after hearing what other people have been through who've been down this path, I'm not hopeful. I would welcome any informed opinions though. If anybody who has been through this is happy to take their time to share their experiences, this would be fantastic.

Thanks in advance if you are able to take the time to respond.

James

Did you actually live together before you moved to Aus? Its not impossible to get a de facto partner visa while maintaining a longdistance relationship but DIBP will be looking for evidence that you lived together in the UK as showing that you are maintaining the relationship with stuff like shared finances and constant contact while apart.

On the basis of what you've written here I personally think your best option would be a Prospective Marriage Visa - but that does mean that you have to get married within 9 months of the grant. Have you thought about marriage?

We'd lived together for around 10 months before I left for Australia - initially as housemates but then we became a little more than good friends.

Unfortunately I would find this difficult to prove as at the time, because I always knew I'd be leaving for Australia, I'd arranged things so my mail was being sent to my parents house. I therefore have very little to prove I was at the houseshare address, apart from rental payments to my landlord.

Marriage is not something I would enter into for the sake of visa paperwork. Absolutely no way could I contemplate that. Indeed, one reason I'm returning to the UK is to ensure we spend enough time living together so we can prove 100% that we're solid as a couple. It has been a strain on both of us over the last 2.5 years, and although the relationship has survived, we really need to live together properly as a normal couple, rather than some 12,000 miles apart. I just feel that at the present time, if we'd have a reasonable chance at getting a partner visa, it would be worth going for. However, if DIAC are that strict on seeing proof of living together and shared finances, then it sounds like this just isn't going to happen and I'm making the right decision in terms of returning to the UK.

Thanks for responding anyway.

I won't rule out de facto 100% but I would suggest you talk to a registered agent before either going home or lodging an application. Try someone with plenty of experience like George Lombard, who posts on here, and they shuld be able to tell you whether DIBP would consider you a couple.
Going home and getting some more time living together could be the way forward though. DIBP generally insist on 12 months for de facto, and even though they allow for time apart they usually will want to see you living toegther in the first place before parting for you to move to Aus - that wuld be an acceptable reason for being apart, I would think, you coming here first with the intention of her following later, but you would need to prove the relationship and cohabitation were there on the first place.
See if you can track down proof of living together - even if its only rent payments, anything might help

Thanks Pollyana. I really appreciate it. I will contact George and ask.

If your girlfriend is young enough for a WHV, why not have her come over on that visa and see if things work out. If they do, then maybe apply onshore for a partner visa after you have been living together for some more time.

Just a thought

She's young enough - mid-twenties - but is keen to start a career in accountancy when she graduates this year, and a WHV would be too restrictive. I can't see any potential Australian employer taking her on as a trainee for just 6 months. Also, she's made a sacrifice for me in recent years, so it's only fair I make one for her now. Anyway, I miss a lot about the UK and also have family ties pulling me back there now, so it's not as though leaving Australia for a few years will be the end of the World. Biggest thing I'm giving up is my job over here, but I'll get another at some point after I get back there. It's not like I haven't had to do this before...

A WHV could be a good way forward in a few years though once she's on her way to getting her ACCA, so thanks for your suggestion.

Just a postscript to add to your calculations - processing times for partner applications lodged in London are currently taking around 12 months to be processed.

No worries. Thanks. It all helps.

If you could hold on in Australia for a bit longer, why not apply for citizenship before you leave, just in case your return to the UK ends up being for longer than anticipated?

You'd only need to wait until July 2015 + whatever time you've been out of the country since then before you qualified, plus processing time. I'm saying this because a lot of people do not realise that the citizenship clock will have started ticking when you validated the visa.

Not going to work out Louie unfortunately. I have already extensively discussed this option with my housemate who went through the Citizenship process last year. I entered Australia in November 2010 to validate the visa. I was only here for two weeks. After that, I returned to the UK and didn't come back to Australia until July 2012. I have been in Australia since, but I would still need to wait until July 2016 before I would even be eligible to apply. In order to apply, you must have lived in Australia for four years. Additionally, current processing times for Citizenship applications are 6 months at best. It took my housemate almost six months from the date he applied to actually get his Citizenship, and he was johnny on the spot when it came to the application process. That makes it another 2 - 2.5 year wait. He's also informed me that once you apply for Citizenship, you cannot leave the Country until you get it. That makes the wait even worse.

So in a nutshell, for the sake of our relationship, I cannot wait out another 2 - 2.5 years over here to get my Citizenship. The clock is ticking and neither myself nor my girlfriend are getting any younger. A piece of paper is just not worth this; especially not when we can live happily together in the UK. She's had 2.5 years without me around, and we've stuck together insomuch as that is possible from the other side of the World. Both of us have had enough of it.

You can leave during processing of citizenship. Just make sure you tell DIBP how long you will be away as you have to be back onshore before they can grant it.

Thanks Pollyana. It could have been the visa my housemate was transitioning from. He was originally granted residency here under a refugee visa.

Unfortunately though, it would still mean another 17 months here before I could apply - too long after 2.5 years apart. Thanks for responding though. It's good to get all the options on the table.

A refugee visa could well lead to different circumstances - for instance, he may not have had a passport on which to travel until citizenship was granted.

You need to have absences of no more than 12 months in the last 4 years before applying for citizenship if you had a valid visa 4 years ago which you did so you would be eligible for citizenship July this year