# parent visa's



## AussieRican83 (Dec 16, 2012)

I'm a 30 year old United States citizen trying to migrate to australia, I have a 4 year old son who is an australian citizen by birth. if theres anyone that can give me some information about the process it would be very appreciated. i just want to be with my son and watch him grow up.


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## CollegeGirl (Nov 10, 2012)

Unfortunately a parent visa is not going to be an option for you (you can read more about them here if you want to verify the information I'm giving you). Firstly, because your child isn't 18 yet and so can't sponsor (they have to be at least old enough to sign legal documents and pay an assurance of support). You could, however, be sponsored by a relative or guardian of the child. However, even if you can achieve that, none of the parent visa options are good for you. Your three basic options require you to be elderly, OR provide a bond in excess of $50,000, OR wait 16 YEARS in the queue to get your visa. 

If you can, you need to get a visa on your own accord in my opinion. I would start with DIAC's Visa Wizard to see what you might qualify for. Your options are a partner visa (doesn't sound like that's something you'd qualify for right now?) or a skilled visa. In order to come over on a skilled visa, you need to have an occupation on either the CSOL list or the SOL list. One allows you to be sponsored by an employer or a state (the CSOL - it can be very hard to get sponsored, and even if you are, to end up with a permanent visa), and the other (SOL) allows you to gain permanent residency on your own accord.

Unfortunately if your occupation is not on either of these lists, it's going to be tough (if not impossible).

As a 30-year-old US citizen, though, you'd qualify for a Working Holiday Visa that would at least get you over there with work rights for one year. You'd have to apply before you turned 31, though, so you may have to apply quickly. You'd need to be fully aware though that if your occupation isn't on either of those lists, there'd be no hope of getting sponsored once you're in Australia and you'd be leaving at the end of that year.  But if your occupation IS on the CSOL, you might have an easier time getting sponsored if you're already in the country. The Working Holiday Visa *does* come with one restriction, though: you can only work for the same employer for a total of six months while on it. So keep that in mind.

Unfortunately if your occupation is not on either of these lists, or if it is but you don't have enough experience or qualifications, it's likely you won't be able to migrate. You'll want to contact a migration agent to make sure, though.

Start with the Visa Wizard, before you get discouraged, and see what it comes up with.


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## AussieRican83 (Dec 16, 2012)

My son's mother and i are still together and have been for 6 years. I have already had a work holiday visa and we lives together for a year she was not able to sponsor me because she was not working. So i can apply for a spouse visa. I was recently in Australia and was offered sponsorship from a family friend of hers and Ness ti know if I apply dir a spouse visa can the family freind even sponsor me?


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## GBP (Jun 1, 2013)

Your partner can definitely sponsor you on a spouse visa. Having a child from the 6 years relationship, you probably would be consider for PR straight away without going through the 2-year TR stage.


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## CollegeGirl (Nov 10, 2012)

Ah, you should have said that to start with! Your partner doesn't have to be employed in order to sponsor you! You'll need to demonstrate to DIAC how you plan to support yourselves, but even people on Centrelink have been successful as sponsors.


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## CollegeGirl (Nov 10, 2012)

What you'll need to do is get your partner to sponsor you... then get that family friend or whoever can do it to write a statutory declaration promising they will help you and your partner and child out financially should you need it. We can give you more details when you're ready to get started, but yes... it should be possible for you to be sponsored, ESPECIALLY if you have someone willing and able (they'll probably need to provide financial documents as evidence) to support you should they need to.


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## AussieRican83 (Dec 16, 2012)

If I apply for a spouse visa should I apply in or outside australia. Which would be the easier method?


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## CollegeGirl (Nov 10, 2012)

Are you outside Australia now? You could try to get onshore to apply from there but if you use a tourist visa to do it you run the risk of being turned around at the border for not being a genuine tourist. Your best bet is probably to apply for the 309 offshore. Just make sure you're keeping evidence of how you and your partner are staying in touch while you're offshore (presuming she can't join you offshore?)


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## AussieRican83 (Dec 16, 2012)

We are not married, we want to get married and do not want to apply for a de facto visa.


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## CollegeGirl (Nov 10, 2012)

The de facto visa and the spouse visa are the same exact thing (309 offshore, 820 onshore). It doesn't matter in your situation whether you're married or not. You already have a child together, so that waives the requirement to have been living together for 12 months as it is. Getting married will be good evidence, of course.


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## AussieRican83 (Dec 16, 2012)

If I have to apply for that visa how Long could the process take?


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## CollegeGirl (Nov 10, 2012)

Offshore spouse/defacto visas are taking 5-6 months on average right now for folks applying from the US. 

Your other option, like I said, is to try to get back onshore with a tourist visa to apply from onshore - but like I said, they may not believe you're a genuine tourist if you're there to see your wife and child. (And you definitely don't want to lie to immigration.)


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## AussieRican83 (Dec 16, 2012)

Well I have a tourist visa now and everytime ive been through customs ive always said that I was visiting friends and family which is the truth. I am planing on going back in 6months. I dont not want to be away from my family any longer than I have to.


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## CollegeGirl (Nov 10, 2012)

Wait... so are you onshore right now and planning to go _back to the states_ in six months for a visit? Or are you offshore right now, and planning to go _back to Australia_ in six months?

If you're onshore right now, just go ahead and apply onshore before your tourist visa expires (keep in mind you'll have to apply for a Bridging Visa B temporarily in order to travel to the US for a little while).

If you're offshore right now and not planning to go back to Australia for six months, why not just apply now for a 309, and then it will likely be granted around the time you want to go back to Australia?


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## AussieRican83 (Dec 16, 2012)

Im in the States.


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## AussieRican83 (Dec 16, 2012)

Is it cheaper to apply onshore or offshore?


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## danegirl (Sep 15, 2013)

AussieRican83 said:


> Is it cheaper to apply onshore or offshore?


It's definitely cheaper to apply offshore: $3085 compared with $4575. The fees can be found on the DIAC website.


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## AussieRican83 (Dec 16, 2012)

If I apply for the 300 or 309 once I turn in the application and pay the fee can i travel to Australia on my tourist visa then apply for a bridging visa A and wait to See What the outcome if my visa will be?


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## ozzy (Jun 8, 2013)

If ur offshore when u apply then u must be offshore when its granted, can be anywhere though.not neccessarily where u apply just as long as ur not in australia. u can go on a tourist visa while its processing but u wouldnt get a bridging visa as u didnt apply onshore


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## CollegeGirl (Nov 10, 2012)

You say that you and your child's mother have been together for six years... if you can provide evidence of living together for at least two years of that, I would definitely go for the 309, and NOT the 300. The reason being that if you have been together (married or defacto) two years or more and have a child together, you will very likely go straight to Permanent Residency. With the 300, after you get to Australia and marry (within nine months) you then have to apply for the 820. And then, two years after that, you have to send in documentation so they can reassess you and grant you PR. With the 309 you'd be bypassing the 820 application, and very likely the later PR reassessment as well (since, like I said, you're likely to go straight to PR).


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## CollegeGirl (Nov 10, 2012)

And yes, you can travel to Oz on a tourist visa while your 309 is processing.. you just need to let Immigration know and ask them nicely (they're doing you a favor ) to let you know when they're ready to make a decision on your visa so you can get offshore again. Then you can take a quick trip to Bali or NZ once they let you know they're ready to grant and you need to get offshore.  As Ozzy said, Bridging Visas are only for folks applying onshore.


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## AussieRican83 (Dec 16, 2012)

I have evidence for one year of us living together. We are engaged, she also has a daugther from her previous marriage who I consider my daugther. I have Facebook messeges, text, phone récords, pictures, Fathersday cards. What other info will i need?


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## ozzy (Jun 8, 2013)

Bank statements showing how you support each other is a big one. The migration booklet covers the categories of evidence you need to include.


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## AussieRican83 (Dec 16, 2012)

What Bout money transfer, Ive been sending money and have all my records for that.


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## danegirl (Sep 15, 2013)

AussieRican83 said:


> What Bout money transfer, Ive been sending money and have all my records for that.


Yes definitely! That would show you support her financially which is a huge and important factor.


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## AussieRican83 (Dec 16, 2012)

Does it matter if the money was sent in my sons name. To an account linked to my partner.


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## CollegeGirl (Nov 10, 2012)

Provide all the evidence you can as far back as you can. It's not definite you'll get a permanent visa if you only have evidence of a year of living together, but it's worth a try. And either way, it's still better than having to do the PMV and then the 820.


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## Kalith (Jul 1, 2012)

Hi there, My partner and I are in exactly the same boat only we have a daughter and she is 3 haha. He is also from the usa and has been here on a working holiday visa for a year as of September 27th. He has been over on a holiday visa before then as well.

On Thursday we posted off our 820/801 application and it got accepted on the Friday. It's not a complete application though as it's missing the Police check and health report, but we'll be mailing them in by the end of the month.


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## AussieRican83 (Dec 16, 2012)

Is it possible to get more than one work and holiday visa?


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## GBP (Jun 1, 2013)

AussieRican83 said:


> Is it possible to get more than one work and holiday visa?


Not possible for an individual to get more than one work and holiday visa.


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## shingle (Sep 30, 2012)

What's wrong with applying for the Partner Visa? Thought you decided that was the right option?


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## CollegeGirl (Nov 10, 2012)

AussieRican83 said:


> Is it possible to get more than one work and holiday visa?


Some countries are allowed a second year WHV if they do a specific kind of regional work the first year. Unfortunately the US is not one of those countries. No second year allowed for us.


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## AussieRican83 (Dec 16, 2012)

I just want to make sure that the 309 partner is the right one for me since we are not married. Im very worried about filing the wrong visa and not being approved and wasting my money. Also my partner and I have been apart for way too long and I just want to be with her and our children.


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## AussieRican83 (Dec 16, 2012)

I have the partner booklet printed out and the sponsor application and the 309 application. To use as a guide and make sure I fill out correctly before actually filing. Also the checklist.


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## CollegeGirl (Nov 10, 2012)

AussieRican83 said:


> I just want to make sure that the 309 partner is the right one for me since we are not married. Im very worried about filing the wrong visa and not being approved and wasting my money. Also my partner and I have been apart for way too long and I just want to be with her and our children.


What about the 309 are you unsure of? Your options for a partner visa are the 300, the 309 and the 820 (these are the only three types). The 820 is the same exact visa as the 309 - just for onshore people. You're offshore, so that leaves you the 300 (PMV) or the 309.

The 309 requires more evidence than the 300 (PMV), but given the length of time you and your partner have been together there's the chance you could go straight to a permanent residency visa, which saves you a lot of time and hassle, as well as makes you eligible for way more benefits when you get to Australia.

With the 300 (PMV), you still have to apply for the 820 after you marry. So it's like two application processes instead of one.

Also, having permanent residency earlier (with the 309) means you won't have to worry about what happens if your relationship ends. If you go over on a PMV and your relationship ends before you get PR, your visa is revoked and you have to leave the country.

It all comes down to your evidence and whether you want to apply onshore or offshore. If you want to apply offshore and have evidence of having lived together the last two years or longer, the 309 is far and away the best option for you. If you have very little evidence, you can go with the 300.

If you're still confused, read through this thread if you haven't already.

http://www.australiaforum.com/visas-immigration/20733-partner-visa-should-i-apply.html


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## AussieRican83 (Dec 16, 2012)

We have only lived together for 1 year and 2 months I have a copy of the lease with both are names on it. I also have a bank account over there and since I had a work and holiday visa I have a tax file number. The thing im worried about is we've known each other since 2007 but did not become a couple until 2010. But I've made three trips to Australia since 2010 which is when we made our relationship official.


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## AussieRican83 (Dec 16, 2012)

And I don't really have any evidence of our relationship from 2007 up until about 2009.


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## CollegeGirl (Nov 10, 2012)

It's perfectly fine if you have a year's worth of evidence. It just means you won't go straight to permanent. Still better than a 300 because it's one application instead of two...


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## rebeccaf (Jun 21, 2013)

Have you lived in Australia though? My children were born here so I came over on an eta, applied for return resident 155 and got it straight away-300 bux. But I had lived here before, but I'm not with my spouse anymore and haven't been for years.. maybe you could do that if you've lived here before?


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## AussieRican83 (Dec 16, 2012)

I lived there on a one year work and holiday visa.


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## rebeccaf (Jun 21, 2013)

Have a play with the visa wizard that's how I found out about it..I don't know if you have to have had former pr or not but it's worth a try.


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## AussieRican83 (Dec 16, 2012)

If my partner is pregnant can that help my process?


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## AussieRican83 (Dec 16, 2012)

I'm gonna be applying for the 309 partner


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## rebeccaf (Jun 21, 2013)

It'll help they do not like to separate families with children.


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## CollegeGirl (Nov 10, 2012)

Rebecca, a "Return Resident Visa" is only for returning permanent residents. That won't help AussieRican at all. 

A partner being pregnant won't speed things up, I'm afraid. There are too many couples in the same situation.


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## rebeccaf (Jun 21, 2013)

CollegeGirl said:


> Rebecca, a "Return Resident Visa" is only for returning permanent residents. That won't help AussieRican at all.
> 
> A partner being pregnant won't speed things up, I'm afraid. There are too many couples in the same situation.


I am sorry. I did not understand enough about his situation. I do apologise I was under the impression that they already had child/children.


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## CollegeGirl (Nov 10, 2012)

rebeccaf said:


> I am sorry. I did not understand enough about his situation. I do apologise I was under the impression that they already had child/children.


They do, but I'd already answered previously in this thread how that helps the application.. it seemed he was asking this time about pregnancy specifically, so that's what I was answering.


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## AussieRican83 (Dec 16, 2012)

Thanks for your responses. Need to know, I have a misdemeanor possession charge from about 8 years ago how can that affect my visa. I was arrested but did not serve jail time.


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## Whitney (Jan 4, 2013)

I think they are only concerned about jail sentences of over 12 months so that's probably fine. If you'd like to know more use the search feature on this site to look up more threads with a similar topic. One of the regulars contributors, kmarees, has posted quite a bit of info on applying for offshore partner visas (309/100) with a criminal record.

Also, it's best to be honest and upfront about the arrest.


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## AussieRican83 (Dec 16, 2012)

What would be the best way to present my application? And how soon should I get the background check and medical check done?


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## GBP (Jun 1, 2013)

Actually, many of the info that you are looking are already available in the forum. A quick look at the sticky:

http://www.australiaforum.com/visas-immigration/7166-partner-visa-best-way-present-application.html


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## AussieRican83 (Dec 16, 2012)

Since my partner is not working what information do I have to provide for her to sponsor me?


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## AussieRican83 (Dec 16, 2012)

If there are any immigration lawyers out there, I need to know for sure that my partner can sponsor me while being on centerlink.


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## ozzy (Jun 8, 2013)

AussieRican83 said:


> If there are any immigration lawyers out there, I need to know for sure that my partner can sponsor me while being on centerlink.


Its fine. Its not as if u cant work though? Ur allowed to. U dont neccessarily need to rely on ur partner thats why its not a big deal if shes on centrelink


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## AussieRican83 (Dec 16, 2012)

Yes I'm able to work but my partner told me she read on the immi website that if you are on centerlink you can not sponsor.


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## AussieRican83 (Dec 16, 2012)

And my partner is able to work, just not able to find a job plus we have two kids and another on the way so its difficult for her schedule.


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## AussieRican83 (Dec 16, 2012)

If there is anyone that has been sponsored by someone on centerlink please tell me your story.


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## ozzy (Jun 8, 2013)

AussieRican83 said:


> And my partner is able to work, just not able to find a job plus we have two kids and another on the way so its difficult for her schedule.


I never said anything about your partner working. I said that YOU are allowed to and thats why they dont mind the sponsor being on centrelink. It would be different if partners on the visa werent allowed then yes u would have to rely on the sponsor and then yes they would probably have to have a steady job but as ur allowed to work thats why they allow sponsors on centrelink!


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## CollegeGirl (Nov 10, 2012)

We've had people on this forum do it successfully. I would suggest contacting a migration agent (like Mark Northam on this site) if you're unsure. It's uncommon enough that you're not likely to get anyone chiming in right now that has experience doing it.


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## AussieRican83 (Dec 16, 2012)

Ok, if I decide to go back to au on my tourist visa do I have to apply for my partner visa before being granted a bridging visa A?


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## AussieRican83 (Dec 16, 2012)

Onshore partner visa.


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## CollegeGirl (Nov 10, 2012)

Yes. That's how Bridging Visas work - they "bridge" you from one visa to a second one while the second is processing.


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## AussieRican83 (Dec 16, 2012)

Thanks for the info. Wanted to know, can i turn in my application without having my medical and police check?


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## AussieRican83 (Dec 16, 2012)

If there are any Americans out there that have applied for an 820 onshore partner visa please share your knowledge.


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## CollegeGirl (Nov 10, 2012)

AussieRican - I *think* you can. I have heard there's a new health system that allows you to front-load, though, and I've also heard just over the past couple of days from an MA that frontloading actually can help your 820 come through faster in SOME cases. So... I don't think it's REQUIRED to submit them in advance, but recommended. But I'm just not 100% sure on this one. Hopefully someone else can come along and say for sure.


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## lincsus (Jun 18, 2013)

How can you frontload the medicals? You need HAP ID for the medicals, as far as I know. I applied for partner visa a month ago, and I don't have a case officer assigned yet. I was also trying to get the medicals done and take one more thing off my to-do list but cannot seem to find a way to do it without HAP ID.


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## danegirl (Sep 15, 2013)

lincsus said:


> How can you frontload the medicals? You need HAP ID for the medicals, as far as I know. I applied for partner visa a month ago, and I don't have a case officer assigned yet. I was also trying to get the medicals done and take one more thing off my to-do list but cannot seem to find a way to do it without HAP ID.


I thought the same thing, until I found this factsheet .

If you do end up following this route, let me know how you go! We are looking to apply in November so would be interested in hearing whether it worked for someone else.


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## lincsus (Jun 18, 2013)

I saw the factsheet too but could not understand te first part. Where do I need to submit my health declaration form?


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## danegirl (Sep 15, 2013)

lincsus said:


> I saw the factsheet too but could not understand te first part. Where do I need to submit my health declaration form?


I think this page should give you the information you need.

It does say that "If you have already lodged a visa application, you should not use this service. Please wait until your case officer asks you to complete your health examinations and provides you with a HAP ID, or you will delay the processing of your visa application", so maybe it's best for you to email DIBP instead and explain that you would like to do your medicals, so you need a HAP ID allocated to you?


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## lincsus (Jun 18, 2013)

This is great information. Not relevant to me as I have already applied but a good reference source for others who have not yet applied.


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## AussieRican83 (Dec 16, 2012)

Does anyone know the how to register your relationship for queensland?


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## CollegeGirl (Nov 10, 2012)

Registering a relationship | Your rights, crime and the law | Queensland Government


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## AussieRican83 (Dec 16, 2012)

Thank you college girl. Do I have to register the relationship since we plan on getting married? And how soon should I register before lodging application?


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## CollegeGirl (Nov 10, 2012)

I can't remember what your specific situation is, but -

If you are applying for a de facto visa and will not have lived together 12 months, you need to register your relationship and supply your certificate with your application in order to waive the 12 month criteria.

If you are going to marry _before_ you apply, there's no need to register your relationship, as being married also waives the 12-month criteria. If you are not going to marry until _after_ you apply, then yes, you will need to register the relationship.

Essentially, at the time of applying for a 309 or 820, you either need to have lived together 12 months, registered your relationship, or gotten married.

Hope that helps.


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## edu (Oct 18, 2013)

sounds right, good luck!


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