# I want to live with my boyfriend but we cant live together!!



## gemgemscott (Jan 10, 2010)

Dear All,

I am wondering if anyone can help me?! My name is Gemma and I am a fully qualified UK based occupational therapist (currently employed).

I met my Australian boyfriend in 2007 whilst i was on a working holiday visa. As my visa as due to expire soon after meeting, we kept things casual however, during 2008... we MSN'd / phoned daily. (This contact has kept up and we skype, fcbk, msn and call everyday)...My boyfriend came for a holiday at the end of 2008 for 3 weeks and we decided we definitely wanted to stay in a relationship. However, he is in the Aussie airforce and his contract does not allow him extended periods of leave to the UK. At the time, i was unable to go to Australia, as did not have enough money to pay for the Migrant VISA having just had a working holiday... I did however take one months leave to spend time with him using a tourist VISA as i couldn't bear to be away (july / august 09). We have now (just about) saved up necessary funds and can pay for a skilled migrant visa (splitting the costs) and luckily he was able to make it over here for 3.5 weeks over December 2009/ Jan 2010 (he left one week ago) :-( 

I have heard that the skilled migrant visa is taking in excess of a year to process... is this correct?? adding onto that is the 12 weeks to gain approval from the Occupational Therapy Registration Board of Australia which i am now ready to send off. 

I believe i am not eligible for a defacto visa, as his millitary contract does not permit him to move here and therefore we dont have the opportuity to live together for 12 months (a necssary requirment) untill i can gain entry to Australia. 

I have no family out there. 

I am wondering if anyone has been in a similar situation. Of course we could get engaged but id like that to be our moment, not to satisfy Australian emmigration. I really really love my boyfriend, and am desparate to go out as soon as possible. I have skills, is there another option to speed up the process???? i'll be really really sad if we have to be apart for over a year. 

Are there any subclauses for partners who are unable to live together due to circumstance?

Many Many Thanks


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## MZmigration (Jan 3, 2010)

Hi Gemma,
I completely understand your situation! I am American and met an Aussie (now my husband) when I came to Australia temporarily 6 years ago - originally only supposed to be here 6 weeks. I was just granted my Australian citizenship this month, after making my way through 4 other visas to allow me to remain in Australia together (Occupational Trainee, Student, Provisional De Facto, and PR visas). In addition to my own personal visa experiences, I am also a qualified and experienced Australian migration agent, and funny enough I specialise in Healthcare Professionals - so hopefully I can help you.

It is correct that Skilled Migrant visas are currently taking quite some time to process, so I would suggest possibly trying to come to Australia on a temporary visa initially. Have you considered/tried pursuing employment in Australia, and initially coming over as a sponsored employee? Heathcare positions are widely needed throughout Australia, so that is a potential option for you if you can find work and get registered as required as an Occupational Therapist. Furthermore, if you obtain work with an employer that is also willing to sponsor you for permanent residency under the Employer Nomination Scheme your application for PR will be processed quicker than applying as an Independent Skilled Migrant.

There are circumstances with the De Facto visa where the 12 months living together requirement can be waived, however you would need to prove compassionate and compelling circumstances. The fact that your boyfriend is in the military and physically cannot live with you in the UK (and currently you can obviously not be in Australia until you obtain a visa) would be considered, as well as proof of all your continued contact via phone, online, etc. However the fact that you have never been able to ever live together (or even spend long periods of time together over the last 3 years), obtain joint bank accounts, share expenses, etc will make your application difficult. Applying under a De Facto Partner visa is also expensive (AUD$1,705) and I think it would be difficult to support your case as a genuine couple without substantial evidence. Furthermore, partner visas can still take in excess of 6-8 months depending on processing times once lodged - so because you would like to be here as soon as possible I wouldn't advise risking a decline on a De Facto visa.

With all that in mind, I think your best option would be to seek employment in Australia and obtain sponsorship on a Business Long Stay subclass 457. Those applications can be processed in about 1-2 months, and you can submit either an Independent Skilled Migrant of Employer Nomination Scheme for PR application once you arrive. Obviously this is dependent upon finding employment, but it;s another option to waiting another 12 months for your skilled migrant application to process.

I hope this was helpful!

Michelle Zaretzky
Australia Migration Agent: 0958090
[email protected]


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## Wanderer (Jun 16, 2007)

Hi Gemma,

And yes, it is in deed an indefinite number of years for the independent non CSL occupation skilled visas on current priorities, details @ http://www.immi.gov.au/skilled/general-skilled-migration/pdf/faq-priority-processing.pdf

I have just started and see Michelle has posted more or less what I was going to post and I agree completely with all she has put.

Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100) is the link to eligibility which mentions waiving of relationships and then on the 12 months link there is more - Australian Immigration Fact Sheet 35. One-Year Relationship Requirement with some Commonly asked questions, one there touching a bit on your situation but mentioning 8 months together.

I would think that Michelle is correct in that you would really be scratching to get your situation included.

That said, though there is no allowance given that I know of re members of armed forces, it is not to say that you could not get a compassionate hearing.
Immi are renowned for never really telling you too much other than what the regs say for the regs are based on legislation but at least with family migration issues they have some leeway with interpretations and judgement.

It'll only take you a bit of time and minimal cost to arrange an interview with someone in London, having your timeline of contact/association well documented/supported and showing that you're prepared to apply for skilled migration but normal unsponsored will take years, and essentially plead your case, expressing your knowledge of the relationship requirements but it being virtually impossible to comply.
Mention that you're aware of the PMV, prospective marriage visa and how you wouold rather it in your own time because that is likely the first thing they'll mention.

It might even help if your fly boy has a letter from a ranking RAAF officer if that's possible [ never know, perhaps someone in the defence department can have a chat with someone in the immigration department!] and particularly if his unit/base chaplain gets in on the act and also provides something along the lines of keeping the morale of our defence personnel up.
Probably best if our Aussie guy sees what is possible first, starting with his line of command.

After all that, one way or another the worst that can happen is a Sorry, it's still No.

And then it's the employer sponsorship route as Michelle suggests which is about your best chance and only problem there is going to be finding an employer close to where your guy is based and then hoping he doesn't get transferred for a 457 visa will restrict your movement some without getting a new sponsor, though once you have been close enough for a year, you could go for the partner visa.

Anyway, best wishes for the two of you.

Do let us know how you fair.

*Edit:* The only other outside chance re a defacto would be if your guy was based in the ACT, Victoria or Tasmania out here and those states have relationship registrations legislation which when done will also waive the 12 month relationship requirement though there'll still be need to show some evidence.
That is relatively new and is more designed for Australian residents but if you were here on an ETA [ I hear eVisas can have a no further stay condition put on them] , by quickly getting an Aussie drivers licence [requirement for Victoria at least], that coupled with a foreign passport will be sufficient for ID re getting a relationship registered.

It's a long shot but if you get nowhere with other ways, it could be worth considering if you'll be in any of the above states/territory.
With the relationship registered you could then apply for an onshore defacto visa.


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