# Partner VISA frustration!



## sammy.lee (Jun 16, 2014)

Hello all,

I am new to this forum and read read quite a lot of threads of people in the same or similar situiation as myself. The main reason for my post is to have a little bit of a whine and really make sure my understanding of my situation is correct.

My partner and I have been dating since September 2013 over the internet. He is from America. I went to America in December 2013 to meet him and stayed for three weeks. We then decided he should move to Australia so we could be together. He is 33, so he could only come in on a Tourist VISA. He arrived in Australia March 3rd 2014, pretty much sold everything in America to live with me. We have honoured the 3 month stay, so he has been leaving before the 3 months is up each time (which is very costly). He lives completely off me as i work full time.

Next month on December 5th he will return on his last stint under the tourist VISA and then we want to apply for the Partner VISA. So when he gets back December 5th he has 3 months, which makes him living with me for 12 months and three days (makes us de-facto I would register our relationship, but i am technically still married and waiting for my divorce to go through). 

If you were in my shoes, would you even attempt at applying for a partner VISA when it comes down literally to DAYS of being De-Facto? Do you think its too risky?

I have spoken with Immigration and they said "to be De-Facto you have to have lived together for over 12 months" .... Well 12 months and 1 day is over 12 months right?

I know this is pushing it, but the age old question i constantly ask is, "What else can we do?" What are the other options? It is so frustrating, all we want to do is start our life together!! To make all these trips in and out of Australia to honour the tourist VISA is expensive, and then having to pay the partner visa application fee is just unbelievable.

Also if he is here on a Tourist VISA, Technically is that even classified as living here in Australia. I mean yes he has lived at my house for the whole duration, but is that something Immigration could come back at me with?

Sorry for the long winded post, i am just fed up and feeling a little defeated, any advice would be appreciated.

Thank you so much for reading


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