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WA Applying for Partner Visa While on Student Visa?

Discussion in 'Immigration Law Forum' started by Ati Aziz, 26 February 2016.

  1. Ati Aziz

    Ati Aziz Member

    26 February 2016
    Likes Received:

    I'm a Malaysian in a de facto relationship with my partner on an Australian permanency resident based in WA since December 2014. We have been commuting from Kuala Lumpur to Perth and vice versa to visit each other since then.

    We're both single, never married, never sponsor or being sponsored for Australian visa. I was in Australia on a Student Visa from 2008-2009 for a Master's degree programme in NSW.

    At the moment, we are looking for options to enable me to move to Australia permanently. Here are our action plans:

    1. Enrol in a 6 to 12-month study course and come to Australia on a Student Visa to satisfy the 12-month de facto living requirement, and apply for Partner Visa (de facto) at the end of 6 or 12-month (whichever is advisable).

    2. Register our relationship with NSW to waive the 12-month de facto living requirement - we understand one of us need to provide proof of residence in NSW to be able to register, so my questions:

    a. Would phone bills/sublease agreement with a NSW address be sufficient to prove our residence?
    b. Does it matter if we have a sublease agreement, but my passport details show I'm not staying definitely for 3 months in NSW?

    3. Getting married (least referred option due to family/cultural reasons) in the next 6 months when I'm in Perth on Student Visa prior to lodging our Partner Visa application.

    4. As a backup, make a VETASSESS application for my skills to apply directly for Skilled Migration visa.

    In terms of evidence, here are our current standings:

    1. Joint bank account statements
    2. Personal bank account statements to show expenses for each other, trips, etc.
    3. Proofs of flight itineraries, hotel bookings when visiting each other
    4. Social photos for local and international trips taken with friends, family friends and company functions
    5. Australian citizens and permanent residents willing to give us statutory declarations for our relationship

    I would like to know if there's any legal implications we need to be aware of for our course of actions?
  2. Lance

    Lance Well-Known Member

    31 October 2015
    Likes Received:
    Hi Ati,
    Wow this has been unanswered for sometime. I think the reason is that you have done more research than any of the contributors could do for you. I can see anything that would catch you out legally. Obviously marriage is a last resort for the cultural reasons as mentioned so registering with relationships NSW and applying for the Partner Visa (de facto) is a good option. You sound like you are doing all the right things. Be honest and I don't think you will have a problem. I wish you both all the best.

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