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bridge

Member Since 2008-07-13
Offline Last Active 2011-11-09 20:47
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Posts I've Made

In Topic: Higher Education Sector (Subclass 573) Visa

2011-10-03 15:56:16

View PostMisterwolf, on 2011-10-03 15:27:16, said:

View Postgburns57au, on 2011-10-03 15:03:13, said:

View PostMisterwolf, on 2011-10-03 13:43:36, said:

Cheers for confirming i wasnt talking crap.

And the following is certainly applicable to the OP.

My job in Australia does not allow me to travel to my partner's country to live   there for extended periods. We have been in a relationship for 12 months but lived together   for only eight months. Will I be eligible to sponsor my partner to Australia?

      You may be eligible. It is recognised that it is possible for the parties to be physically   apart for periods of time, due to work or travel commitments, yet committed to a shared   life.

      In assessing a relationship, a number of factors other than periods of physical cohabitation   are taken into account.

You are only reading what you want to read....try reading the whole thing.

"What is the relationship requirement?
Applicants seeking to demonstrate a de facto relationship with their partner must provide evidence that for the period covering at least the twelve months before the visa application is lodged:

•they had 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."

There are not many jobs in Oz that allow for living in or travelling to Thailand, so that is not reason for exemption from the above. You still need to satisfy the above criteria.

Look i appreciate your links and info and agree to disagree.My earlier post was dealing with the specific question at issue direct from your link.

i am basing my view on a very good friend in Sydney having just received the defacto visa for his partner and he has spent no more than 3 months per year in thailand over the last 3-4 years. This is telling me its possible for relationships that have been ongoing for a longer period of time and that can be proven to be genuine.How do you explain the granting of this visa?My friend read everything exactly the same way as i did and i helped him with his visa application. Just for the record, he had one of those Pattaya based agents wanting 90000baht and advising him to get the spouse visa as he was never going to get the defacto one.Did everything himself with a bit of my help and bingo.

Me personally due to my relationship only being just over 12 months i have taken the route of 2 x 2 week trips to Thailand, 1 x 3month TV to OZ followed by a 6 month TV to OZ.  Once this 6 month TV expires in November that will total about 10 months out of 14 months that we have actually lived together.

I think it could be argued that you are living together and not permanently apart. One strong word of caution your relationship is very short. look at ALL the requirements I posted earlier from the Migration Regulations. How many can you address?

In Topic: Higher Education Sector (Subclass 573) Visa

2011-10-03 14:14:15

View PostMisterwolf, on 2011-10-02 16:59:43, said:

View Postbridge, on 2011-10-02 16:28:14, said:

I have read back over the OP's post again and for the life of me I cannot see how they would be able to satisfy DIAC to the requisite degree that they are in a de facto relationship as prescribed by the Migration Regulations 1994. It is clear they are in a relationship together, but the application must satisfy the criteria set out in the Migration Regulations, not just some broad dictionary meaning of the words. DIAC will apply the circumstances of the applicant and sponsor to the regulations. If they fall short of the requirements that application will not be successful. Look at many of the published decisions on the Migration Review Tribunal website where exactly that has happened.

Put aside all financial requirements for the sake of this exercise and presume there is ample evidence and documentation as to an ongoing relationship.

Simple question for you as i am curious as to what an expert believes is the case.

In your expert opinion, can you get a defacto oz visa for your partner if you have not lived together for the previous 12 months due to either work or study commitments in Australia?

If relying on de facto and you have not lived together for the previous twelve months I do not believe the application will be successful. Ultimately the individual facts of each case will determine the outcome. If there has been a long term relationship (and by relationship I mean as defined by the Migration Regulations) periods of separation will be okay. One needs to look at ALL of the requirements of the Migration regulations and what DIAC takes into account.

The financial aspects of the relationship, including:

  • any joint ownership of real estate or other major assets; and
  • any joint liabilities; and
  • the extent of any pooling of financial resources, especially in relation to major financial commitments; and
  • whether one person in the relationship owes any legal obligation in respect of the other; and
  • the basis of any sharing of day-to-day household expenses; and


the nature of the household, including:

  • any joint responsibility for the care and support of children; and
  • the living arrangements of the persons; and
  • any sharing of the responsibility for housework; and

the social aspects of the relationship, including:

  • whether the persons represent themselves to other people as being married to each other; and
  • the opinion of the persons' friends and acquaintances about the nature of the relationship; and
  • any basis on which the persons plan and undertake joint social activities; and
the nature of the persons' commitment to each other, including:

  • the duration of the relationship; and
  • the length of time during which the persons have lived together; and
  • the degree of companionship and emotional support that the persons draw from each other; and
  • whether the persons see the relationship as a long-term one.

As I have previously stated, based on the information provided by the OP they would not satisfy the de facto relationship criteria.

In Topic: Ideas On Visa For Partner To Oz

2011-10-02 19:51:58

I can offer you no advice re visas to Thailand, but am more than happy to steer you in the right direction re visas to Oz. Perhaps send me a PM.

Bridge

In Topic: Higher Education Sector (Subclass 573) Visa

2011-10-02 16:28:14

I have read back over the OP's post again and for the life of me I cannot see how they would be able to satisfy DIAC to the requisite degree that they are in a de facto relationship as prescribed by the Migration Regulations 1994. It is clear they are in a relationship together, but the application must satisfy the criteria set out in the Migration Regulations, not just some broad dictionary meaning of the words. DIAC will apply the circumstances of the applicant and sponsor to the regulations. If they fall short of the requirements that application will not be successful. Look at many of the published decisions on the Migration Review Tribunal website where exactly that has happened.

In Topic: Higher Education Sector (Subclass 573) Visa

2011-10-02 10:42:32

View PostMisterwolf, on 2011-10-02 10:20:48, said:

Isnt that what i said without all the technical jargon and references?

Once again i ask you, where in your opinion would there be a problem meeting the requirements for a defacto visa based on the original post by the BM?

He has stated that he has substantial and complete evidence of the ongoing and exclusive nature of the relationship and obviously has financial capability to be able to save and pay for a semester tuition upfront so financial support of his partner shouldnt be a problem.

If anything, i would eliminate any mention of the interest in uni till the visa was granted.

I dont profess to know it all just interested in others views.

The Migration regulations, or as you put it 'technical jargon and references' are what DIAC actually use to assess whether an applicant and sponsor are in a de facto relationship. From what the OP has stated I don't disagree that they have been in a long term relationship, but are they in a de facto relationship as required by the Migration Regulations? I would say no they are not. Look again at post #5 of the OP "Mate, we have actually thought about this but we won't satisfy the year or 6 month living together criteria, otherwise we would". .

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