# Partner visa - Delays and Bridging Visa Options



## Larla (Sep 4, 2013)

My partners current visa will expire at the end of the month. We have all necessary evidence for a partner visa and have been in a defacto relationship since May this year - not a long time but it is a valid and true relationship with proof. 

The relationship is registered however due to delays with his new passport and registering we will not have our certificate until two days after his visa expires. We have a valid reason to explain to Immigration about the "last minute" certificate of registration as we know they frown on that due to the problems with him having no valid ID while he waited for his passport to be renewed on time - it took ages. 

Does anyone know if he should extend his current Working Holiday Visa or can we get a bridging visa and then lodge the Partner Visa once we receive all documentation?


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## Whitney (Jan 4, 2013)

You cannot extend his WHV and you must provide your relationship registration with your original application (it cannot be supplied after) or it will not waive the 12 month living together requirement. The reason for this is that it must be waived on the day that you apply. I'm not sure if they will take your difficulties into account. I have seen at least one other person on this forum in that situation have their partner visa denied.

One option for when his WHV expires is to go to the DIAC, explain the circumstances, and request bridging visa E. It doesn't give him work rights (although you can apply for them by demonstrating financial hardship) and he cannot travel on this visa but at least then he's not in Aus illegally. You can then lodge your 820/801 and hope for a speedy processing time.

Another option would be applying for a tourist visa (which seems to be a common practise) although he is not a genuine tourist if he's planning to lodge an application for permanent residency so the DIAC may refuse it. This would require him to go offshore and apply for a TV to return as they are not generally granted onshore from a WHV.

Everything that I've told you is based on other people's experiences here on the forum. I'm not a migration agent and it might be in your best interest to speak to MARA registered migration agent to get some solid advice because of your tricky timeline. Mark Northram who posts on this forum is a great choice.


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## Larla (Sep 4, 2013)

Thanks Whitney. We thought that might be the case about the WHV and we don't really want to do the Tourist Visa, as you say, he would be applying knowing we are going for the de facto. We really want to do everything correctly and it's just so frustrating that the certificate delay is holding it back. It might be best to contact Mark Northam or immigration regarding this. We need to apply for this correctly as we would be so devastated if it was refused.


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## GBP (Jun 1, 2013)

If you apply for BVE, then you won't be able to travel outside Australia until a decision is made on your partner visa application.


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## Larla (Sep 4, 2013)

The travel restriction does not bother us too much as our families will be coming to visit anyway. We are more concerned about work restrictions and making sure he is legal at all times.


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## CollegeGirl (Nov 10, 2012)

Yes, Mark will probably have great advice for you. Let us know what he said if you think about it so we can pass the info on to future people with the same issue.


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## Larla (Sep 4, 2013)

Will do, this might seem like a silly question but is there a link to contact Mark Northam on here or do you just contact him directly?


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## CollegeGirl (Nov 10, 2012)

Hi Larla - you have to have several posts here before you can private message people (this helps prevent spammers from being able to send messages to our members). So... right now you can contact him directly, at mnvisa.com, or if you have a few more questions to post you'll probably be able to PM people here in short order.


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## Larla (Sep 4, 2013)

Great thanks for the info!


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## lale1403 (Aug 31, 2013)

Larla, I had exactly the same problem. We registered as Defacto, but it would have taken one month for us to receive the certificate. Because my working holiday visa was expiring, what we did when we applied for 820 was sending DIAC _the receipt_t that the officer gave us on the day we registered (when you register for Defacto they give you a receipt which says you did register and paid for it).
Maybe it was a risk, but application forms are so full of rules and exceptions that it's almost impossible to do everything perfect. And if it'll get refused of course I'll be devastated, but at least I know that we did everything we could, we could not do better than that.
Anyway, I've been waiting for 13 months and still haven't heard anything.


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## Whitney (Jan 4, 2013)

lale1403 said:


> Larla, I had exactly the same problem. We registered as Defacto, but it would have taken one month for us to receive the certificate. Because my working holiday visa was expiring, what we did when we applied for 820 was sending DIAC _the receipt_t that the officer gave us on the day we registered (when you register for Defacto they give you a receipt which says you did register and paid for it).
> Maybe it was a risk, but application forms are so full of rules and exceptions that it's almost impossible to do everything perfect. And if it'll get refused of course I'll be devastated, but at least I know that we did everything we could, we could not do better than that.
> Anyway, I've been waiting for 13 months and still haven't heard anything.


Great info! Please let us know when you find out if you're successful so we know how to advise the next person in your situation.


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## CollegeGirl (Nov 10, 2012)

lale, did you later provide a certified copy of your relationship registration? Just curious. 

I personally think that if they were going to decide your application was invalid because you hadn't met the 12-month requirement or provided adequate proof of registration, they would have just told you up front that you had an invalid application. So... maybe you can take some glimmer of hope from that?


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## Larla (Sep 4, 2013)

Hi Lale, thanks for responding. It's good to hear from someone who is in the same predicament as us. I do have the receipt and technically we could receive the certificate the day his visa expires but I don't trust NSW BDM to send it out on time. 13 months! Wow we were panicking that they would refuse it immediately on receipt of the documents unless the full certificate was there - I guess you just never know - where did you lodge it? Fingers crossed it all works out for you !


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## lale1403 (Aug 31, 2013)

Larla said:


> Hi Lale, thanks for responding. It's good to hear from someone who is in the same predicament as us. I do have the receipt and technically we could receive the certificate the day his visa expires but I don't trust NSW BDM to send it out on time. 13 months! Wow we were panicking that they would refuse it immediately on receipt of the documents unless the full certificate was there - I guess you just never know - where did you lodge it? Fingers crossed it all works out for you !


Hi, yesterday I did something even better: I contacted in Immigration lawyer via e mail about this, and here is the answer...

"Alessandra, f your ability to qualify relies solely on being in a Registered Relationship this can be a problem as it takes 28 days for the relationship to be actually registered.
Depends often on how close you are to actually having 12 months.
If they object you will get the opportunity to apply for a waiver of this requirement so it is not an automatic refusal".

Anyway, I have no idea about what a waiver is and about how to apply for it...

P.S. We lodged it in Sydney...


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## lale1403 (Aug 31, 2013)

CollegeGirl said:


> lale, did you later provide a certified copy of your relationship registration? Just curious.
> 
> I personally think that if they were going to decide your application was invalid because you hadn't met the 12-month requirement or provided adequate proof of registration, they would have just told you up front that you had an invalid application. So... maybe you can take some glimmer of hope from that?


yeah, that's what me and my partner thought as well... but as wrote to Larla, I have contacted an immigration lawyer, and this is what he told me...

"Alessandra, if your ability to qualify relies solely on being in a Registered Relationship this can be a problem as it takes 28 days for the relationship to be actually registered.
Depends often on how close you are to actually having 12 months.
If they object you will get the opportunity to apply for a waiver of this requirement so it is not an automatic refusal".

I have NO IDEA about what a waiver is, can you give me a hint??
Oh, and YES, we did send the certificate later when it arrived.


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## CollegeGirl (Nov 10, 2012)

Is this agent MARA-registered? They only waive the requirement under specific circumstances like if you have a child together or your relationship is registered or you're living offshore in a country where it's illegal for people to live together before marriage, etc. 

I was under the impression that they would just tell you your application was invalid if you didn't meet the 12-month requirement. I've never heard of them offering someone a chance to have that requirement waived. 

But of course, I'm not an agent!


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## lale1403 (Aug 31, 2013)

Whitney said:


> Great info! Please let us know when you find out if you're successful so we know how to advise the next person in your situation.


he!he! Yeah, if they'll give me 28 days to leave the Country I'll let you know lol 

By the way, I have a question about these people you said who got the visa refused because of the registration: have they being told straight away that the application was refused, or did it happen after months? Thanks!


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## lale1403 (Aug 31, 2013)

CollegeGirl said:


> Is this agent MARA-registered? They only waive the requirement under specific circumstances like if you have a child together or your relationship is registered or you're living offshore in a country where it's illegal for people to live together before marriage, etc.
> 
> I was under the impression that they would just tell you your application was invalid if you didn't meet the 12-month requirement. I've never heard of them offering someone a chance to have that requirement waived.
> 
> But of course, I'm not an agent!


yes yes, he is MARA-registered. Well our relationship is registered, so I guess it would be a "specific circumstance".

Look, I don't know...  I really have no idea. Unfortunately, I'll find out only with time...


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## lale1403 (Aug 31, 2013)

Oh, sorry everyone, I forgot to say something. My partner and I did all this because *this** is what the Officer told us to do when we went registering fo Defacto*, we didn't make it up by ourselves. But because it seems like everyone at the Immigration (both at the counters and on the telephone) tells you different things, you are never sure about what you are doing. :-(


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## Whitney (Jan 4, 2013)

lale1403 said:


> he!he! Yeah, if they'll give me 28 days to leave the Country I'll let you know lol
> 
> By the way, I have a question about these people you said who got the visa refused because of the registration: have they being told straight away that the application was refused, or did it happen after months? Thanks!


This happened fairly recently - within the last 4-6 weeks on this forum but, frustratingly, I cannot find the thread! I'll keep looking. They actually waited quite a long time before being refused (over a year if my memory serves). It's especially unfortunate because by that time they had been living together for 2+ years. I'm definitely not trying to worry you. I'm just sharing what we have seen here before so people have an idea of what may happen. We do know that the immigration phone line can give unclear and/or incorrect advice and they are not responsible for what they say.


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## lale1403 (Aug 31, 2013)

Whitney said:


> This happened fairly recently - within the last 4-6 weeks on this forum but, frustratingly, I cannot find the thread! I'll keep looking. They actually waited quite a long time before being refused (over a year if my memory serves). It's especially unfortunate because by that time they had been living together for 2+ years. I'm definitely not trying to worry you. I'm just sharing what we have seen here before so people have an idea of what may happen. We do know that the immigration phone line can give unclear and/or incorrect advice and they are not responsible for what they say.


Whitney, I know you are not trying to worry me and trust me, I am more than happy with you giving me any kind of information you can find about it!! Yes please, if you can find the thread let me know. I have consulted another MARA agent via email, and he told me that it will basically depend from _which_ case officer will look at my application...

So, I am getting ready to re-apply in case it gets refused!! I know it's a lot of money, but at least now we'll have hips of evidence for the past year and more, and the fact that we are or not registered will not be a problem anymore...hopefully...


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## lale1403 (Aug 31, 2013)

Does anyone know if I can apply again for 820 ONSHORE in case my Visa is denied? (within the 28 days, obviously).

Or do you think is better for me to withdraw the application and reapply again before they refuse it? (I have no idea about which bridging Visa they would give me in these cases).


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