Requirements for partner visa

[Shazzy]

Hi Guys,

 

My boyfriend and I are looking into applying for PR visa's, I wanted to find out, because we will be applying using his points and because we are not married, will we need to prove our relationship? If so what would be the best way to do this, if we opened a joint bank account now and both transfer money each month would this be sufficient, or would we need to transfer our debit orders so that all our payments go through this account? Would it make more sense for us to get married here in SA first before submitting application? If anyone has been in a similar situation or knows anything about this any advice would be appreciated.

[TeeTMI]

Welcome to the forum.

 

Given that you mention you are using his 'points' I am assuming you are looking at applying for a Skilled Independent visa.  The requirements for a partner to be included within this are not the same as for a 'Partner visa' in case there is confusion given the title of the thread.  There is a visa known as a Partner Visa which is a separate visa. 

 

In order to be included within your boyfriends visa application you would need to be able to provide evidence that you meet the DIBP definition of a 'partner' either a spouse or de facto partner. 

The general terminology that relates to a boyfriend/girlfriend relationship would not generally be sufficient to be classified as a 'partner'.  Opening a joint bank account at this stage (whilst this might be used within a range of other evidence) would not in isolation generally be sufficient as evidence you are a de facto partner. 

 

I would suggest that you look in greater detail at the requirements and criteria to determine if you are eligible to be included within the application, so that you can use the appropriate options.

Others in the forum may come in and tell of their experiences.

 

If you are looking for the assistance of a migration agent at any stage feel free to contact me.  

[Shazzy]

Thanks so much!

 

Yes we are looking at applying for a Skilled Independent visa, got the wording all wrong.

 

I would definitely need to look more into the requirements as we do live together but not both of our names are on the lease, nor are our names on the utility bill. I'm just trying to think of how I am going to get together whatever evidence may be necessary now while we are still saving up some funds so that as soon as we are ready we will have all the information in order.

 

[TamTam]

@Shazzy did you get the advice you were looking for?

When we applied for our 189 we were not yet married but were planning our wedding for a few months later. We submitted our bond documents (registered in both our names) and even our wedding invitation

[Shazzy]

Hi @TamTam,

 

Kind of, not really - I'm still a little unsure what information (that we have available) will be acceptable to use as proof of our relationship. Unfortunately we don't have a bond or any wedding plans at the moment so for now I was hoping that maybe a joint banking account would do.

[TamTam]

Are you going through an agent or doing the application yourself? An agent would be able to advise you.

If you are doing it yourself I would advise against trying to "wing it" and hope the join bank account is sufficient. Firstly I don't think it will be enough on it's own and it's an expensive process, you want to be 100% all your ducks are in a row.

Edited November 20, 2017 by TamTam

[Shazzy]

I would like to do it through an agent - we are at the moment just waiting for payout which we are expecting within the next year, and then we will use that money to do the move. 

We do have other evidence other than the bank accounts but that is just the most formal documentation that we hold. other than that we have only photographs and statements from friends and family that we could possibly use.

[VenomZA]

@Shazzy we`re pretty much in the same boat as you. You've probably read the info in the link below? 

https://www.border.gov.au/about/corporate/information/fact-sheets/35relationship

From it, it seems the easiest and quickest way is to get a baby together, then you don`t need to prove anything . If you're like us, that`s probably not in the plans now :-)  from what I`ve read the below is rather important:

 

Living arrangement is pretty important it seems:

• So make sure you save important letters addressed to you at that address.
• I`ve just renewed my lease, and although the lease is in my name, I had the landlord include a clause stating he acknowledges my partner stays with me at the premises.

Financial dependency/intertwined. 

• The lease is in my name with the cause stating she stays there. I hope this proves finances are intertwined, with the fact that I pay the rent and she pays other stuff. 
• We use one of my credit cards "the food card", we each pay money in there, from there we use it as needed. 
• Some of her stuff`s on my insurance, cellphone etc. and its named as such. 
• We are also including me on her Woolies card.  

Being socially accepted as a couple.

• save all wedding invites etc
• Make sure to make good use of Facebook, since they have time and date stamps (upload times). 

Then there is Form 888 its meant for a partners visa. But ive read you might be able to use it for de Facto as well? (google it).

It seems it carries some weight, if you can get a Australian PR or citizen to complete it. We just had friends move there on a PR visa, so we will ask them. 

My girlfriends also subleased with her old flat mate, so we will get a sworn letter from her stating the day she moved out, etc. 

Apparently anyone else can also make the declarations. So make sure to get a couple. 

 

I`m pretty stressed about this piece as well (that is if we get a positive skills assessment etc) So if needed ill use an agent to do a checking service for us especially on this part.  

Please let me know if you find anything else. 

 

Edited November 20, 2017 by VenomZA

[ChrisH]

I was recently asked by our friends to sign an affidavit confirming that at x date they were at a function with my wife and I and that they were a couple at that point in time.  They attached a photo of the event too.

As long as you have a couple of things, aka an affidavit or two, maybe some letters sent to the same address proving you share an address, proof of payments between you two, etc. you will be fine.

[Shazzy]

Thanks VemonZA, I have read that, but have recently had my PC formatted and lost all my bookmarks  so it helps a ton that you linked it! 

 

And you are right it does seem like the easiest way is to have a baby, LOL But thats not in the cards for me right now either, not in this country anyway...

 

Thanks ChrisH, that make me feel waaaay better, like maybe we don't need to stress about this step as much as what we have been - maybe I speak for myself, I have most of that information and can quite easily gather some extra info when need be, and we can get an affidavit or two from Australian citizens so that does put my mind at slight ease. But I agree with what VenmonZA has said and would at least get an agent to check it over (although I don't want to take any chances and would rather have an agent do the whole thing)

 

I will be sure to let you know if I find out anymore information that I think might help at all 

[RedPanda]

I don't know if getting married now will solve your problems, I know of a couple who got married shortly before applying for a visa and they were asked to prove their relationship as though it was a de facto relationship. Even though they had a marriage certificate. So rather get all the supporting docs ready.

[VenomZA]

@RedPanda I`ve also heard about this! 

 

Friends of mine moved this year, they got married just before submitting the application, and was advised to submit de facto documents as well. 

 

But then again you dont need to be married to get a baby and according to them its a compassionate circumstance, in which case you don`t need to prove the 1 year. 

from the website: "there are compelling and compassionate circumstances for the grant of the visa, for example, there is a child of the relationship"

 

But ill rather leave the baby and go with the De Facto Docs lol

Edited November 22, 2017 by VenomZA