# student visa, de facto partner not accepted. Options ?



## almacellesiti (Jun 15, 2010)

Hi there,

My name is Ivan. I am in the process of getting a student visa for a PhD program. I have been living with my girlfriend for about 15 months now. Problem is, the evidence we could gather was not enough, according to our Case Officer (CO). To be fair, we did not have most of the documental proof they ask for (joint accounts, debt together , etc..) , but we provided what we thought could have been enough. Just today, reading this nicely written tips, in this forums post ¨2997-very-unofficial-defacto-visa-tips.html¨, (sorry cannot post links yet ), I actually feel that we did all we could.

Anyways, our CO told us that I will have to remove my girlfriend from the application in a few days time and that she can join me in Australia on a different visa category.

I have asked the CO (by email) if getting married now could allow them to change their decision for this application. I have not gotten an answer yet - although it has only been two days - . Assuming the worst case answer, and after a bit of research, I think our options are:

1) To get married now and, after I getting to Sydney, try to bring her as my wife onto my student visa. The questions I have are
a) Is this ok or would immigration actually likely reject it since she was not allowed in my visa now ?. How does this range between safe bet to long odds ?
b) Assuming this works, would she have the same work rights as if she had been accepted off the bat ? 
c) Is it ok to assume that, even though she is not allowed to come for now, she will somehow stay in the application so that I can claim her later ?

Basically my fear is that they interpret our getting married as a way of ¨cheating¨ their rules. Yes, I might be a bit paranoid with this but the thing is that a risk of losing a fantastic opportunity for both of us to live abroad is quite a source of stress (we are from Barcelona, I have lived in a few different countries but she has not and, in my opinion, living a different culture is quite a necessary life experience ). Also part of my paranoia may come from the fact that I have already (positively) gone one through the USA immigration process.


2) For her to get her own student visa. I guess my question here is also the same as above. How does the fact that she has somehow not been accepted this time play into their decision of a future application ?

To give you more context. I need to quit my current (good) job to pursue the PhD, but, if I go over there and then she cannot join me .... well, that ain´t gonna be good at all as you can imagine-

Do you see other options ?

Thanks a bunch and have a nice day
Ivan


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## Wanderer (Jun 16, 2007)

almacellesiti said:


> Hi there,
> 
> My name is Ivan. I am in the process of getting a student visa for a PhD program. I have been living with my girlfriend for about 15 months now. Problem is, the evidence we could gather was not enough, according to our Case Officer (CO). To be fair, we did not have most of the documental proof they ask for (joint accounts, debt together , etc..) , but we provided what we thought could have been enough. Just today, reading this nicely written tips, in this forums post ¨2997-very-unofficial-defacto-visa-tips.html¨, (sorry cannot post links yet ), I actually feel that we did all we could.
> 
> ...


I would be surprised if they view things differently with the marriage right away for a visa decision is made on what the situation is at time of application and I am even surprised that Immi will allow your existing application to be ammended though perhaps they also make that allowance with student visas.
Has the CO issued instructions in writing?, using a form 1022 etc.

In any case you ought to advise of a change that will still have her listed as your partner and just not travelling with you for now as if you do not have her listed, she can not join you as a partner afterwards, even if married and so she would then need her own separate visa.
How to Apply for Dependent Family Members to Join You

I cannot recall having read of work rights changing if a partner is approved after visa issue but check the student visa info on the Immi site.
Applying for her own visa would be considered as a stand alone separate application on eligibility merit though Immi will be aware of intent re refusal as a partner and take a closer look.

Does your Gf have any work skills and would an employer sponsor visa be an option?
Skilled Workers Temporary Visa Options - Employer Sponsored Workers - Workers - Visas & Immigration


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## almacellesiti (Jun 15, 2010)

Wanderer said:


> I would be surprised if they view things differently with the marriage right away for a visa decision is made on what the situation is at time of application and I am even surprised that Immi will allow your existing application to be ammended though perhaps they also make that allowance with student visas.
> Has the CO issued instructions in writing?, using a form 1022 etc.
> 
> In any case you ought to advise of a change that will still have her listed as your partner and just not travelling with you for now as if you do not have her listed, she can not join you as a partner afterwards, even if married and so she would then need her own separate visa.
> ...


First of all. Thanks a lot for your help, precise and quick. I very much appreciate it.

No. I haven´t given a written notice like the form 1022 you mention nor has the CO. The application is lodged online and all communication has been through email directly with the CO. I understand then that we should do this now and mention our intention to get married using the form so that at least there is some record of this and she stays somehow in the visa. The problem may be that we have started the marriage process but it will take about a month, so we cannot write now that we are married. I guess I can explain this in the form and provide our ¨case opening record¨ document from the register here in Barcelona.

About the sponsored visa. Yes, my girlfriend is an architect with 8 years work experience, 6 of which in construction project management. Will check out that option further.

Thanks again
Ivan


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## Johnny99 (Nov 9, 2011)

Hi, I am in the same situation as you. Currently not married, but my wedding is set in a month's time. Applied for a student visa but don't have sufficient evidence for a de facto relationship as we are currently not married. 

How did the immigration deal with your case?


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## almacellesiti (Jun 15, 2010)

Hi Johnny,

Everything went fine.

They removed my girlfriend from the application in order to grant my student visa. We got married before I entered Australia and then she asked for her visa (attached to mine). She got the visa in a month.



Johnny99 said:


> Hi, I am in the same situation as you. Currently not married, but my wedding is set in a month's time. Applied for a student visa but don't have sufficient evidence for a de facto relationship as we are currently not married.
> 
> How did the immigration deal with your case?


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## Johnny99 (Nov 9, 2011)

Thanks for the reply! Correct me if I'm wrong, the CO removed your girlfriend's name from your application, approved your visa, you guys then got married, after which you included her name in your application as your wife? 
I'm a little confused as I read somewhere saying that all dependents' names must be included initially in the application.


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## SarahM (Feb 8, 2011)

Johnny99 said:


> Thanks for the reply! Correct me if I'm wrong, the CO removed your girlfriend's name from your application, approved your visa, you guys then got married, after which you included her name in your application as your wife?
> I'm a little confused as I read somewhere saying that all dependents' names must be included initially in the application.


He'll be able to confirm, but I'm sure her name was not _removed_, but she was simply not including as a migrating dependant.


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## almacellesiti (Jun 15, 2010)

SarahM said:


> He'll be able to confirm, but I'm sure her name was not _removed_, but she was simply not including as a migrating dependant.


Hi there,

The process was

1) She was really removed from my application (after judging we had not enough evidence for the facto relationship ... I guess then she was not "related" to me for immigration purposes)
2) My visa was granted
3) I travelled to Australia
4) She applied for a Sub Entrant visa in Madrid's Embassy
5) Her visa was granted, she travelled to Aus.

We got married between steps 2 and 3.


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## Johnny99 (Nov 9, 2011)

almacellesiti said:


> Hi there,
> 
> The process was
> 
> ...


Thanks so much for the detailed info mate. 

My situation is prob like yours. Although I hope that immi will grant my wife the visa before Feb, so that we can travel to Australia together


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## almacellesiti (Jun 15, 2010)

Johnny99 said:


> Thanks so much for the detailed info mate.
> 
> My situation is prob like yours. Although I hope that immi will grant my wife the visa before Feb, so that we can travel to Australia together


Good luck. I have found immi processes in australia quite clear and the officers quite helpful. This is comparison with another immi process I have direct experience to: the US.


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