# Visa option and sponsorship for my girlfriend



## hoon88 (Aug 23, 2013)

Hi,

I'm an Australian Citizen looking to marry an International Student. Her student visa expires in May next year and right now, I'm not financially ready to marry her as I can't support both of us especially as both of us are students. At the same time, I'm looking to marry her in 1-2 years time when both of us are ready. We have discussed a way to keep her in Australia and one way of course is for her to study further to extend her student visa. But she doesn't like the idea (unless it's 6 months Tafe course) as she doesn't want her family to 'waste' money on her studies (especially as both of us are finished Bachelor courses and are studying Masters here). She has studied in language school for 6 months and has done 1 year of Masters class in Australia so she hasn't met the minimum requirements of 2 years study to get Temporary Graduate Visa (Subclass 485) so that's out of equation.

We've also considered Temporary Work (Skilled) visa (subclass 457) (I believe), which allows employers to sponsor her to stay in Australia. She has considered getting stable full-time job in Australia but with her Visa running out and right now, she hasn't got any experience in Australia (though I do have to say she has worked in quite high position in China (for Media Company and TV Programme)) and at the same time, her English is good for someone who came here 1 and half years ago), but still she doesn't have much high hopes of getting a job here. We are trying as hard as we can to see if there are available jobs for her to stay and be sponsored (though it's a long shot I guess?).

I've also considered Prospective Partner (Marriage) visa but I'm not sure how this works? Especially as I've heard that it takes up to one year for this visa to be processed. I've also considered De facto visa but the fact that we can't prove that we lived together for 12 months puts this idea off. At the same time, China cannot obtain working holiday visa as well because of certain rules (I don't have much idea about this unfortunately)

Anyway, there are many ways of her staying but all seem very difficult to obtain as of now except Spouse Visa (Marriage which I don't think I'm financially ready yet). Is there a way for her to extend her stay in Australia?

Also, I'm wondering what sorts of company or jobs can sponsor her? Because most of the companies we've looked at actually look for people with PR or Citizenship.

I hope people who has the knowledge or experience can give me an advice or two in regards to possibilities of her staying in Australia.

Thanks in advance,
Really appreciated if someone can help here or give few pointers, or any other ways of her staying here.


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## CollegeGirl (Nov 10, 2012)

A Prospective Marriage Visa can only be applied for and granted while she's offshore anyway, so that's not going to help with keeping her onshore. She might be able to come back on a tourist visa while you wait for that, but that's uncertain. And it would require you to marry within nine months of the visa being granted, whether you felt ready or not.

It sounds like a de facto visa is the only partner visa option that would work for you if you're not ready to marry - what state do you both live in? Some states are more liberal than others in regards to registering a de facto relationship, and that registration can allow you to waive the 12-month requirement.

Now, as to the 457 question -- let me first say that partner visas are more my thing - so hopefully someone will correct me if I'm wrong on the below:

I really think she'd have a very difficult time getting sponsored for a 457 just out of school. Check the CSOL and SOL lists to see if it's even a remote possibility - it's my understanding that her occupation would need to be on one of those lists for a company to even be able to sponsor her, period.

Also, it's not easy for employers to qualify to act as sponsors - so be aware you're also up against finding an employer already set up to do that or amenable to jumping through a ton of hoops for her, which they're unlikely to do for someone who has never worked for them before. Also, requirements for employers around 457s have gotten stricter recently, making it even harder.


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## Maggie-May24 (Jul 24, 2011)

As CG has said, the 457 visa is probably going to be quite difficult. Are you sure you can't provide enough evidence to prove defacto? If you can register your relationship, and can devote time over the next several months to gather evidence, you may find you can prepare a decent application before her student visa expires in May.


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## hoon88 (Aug 23, 2013)

Thank you very much for the quick response! I really appreciate it. 

From reading both of your comments, De Facto visa is the only plausible option. We both live in New South Wales - Sydney CBD area, so I think it's hard for us to waive that 12 month requirement especially as it's one of the main city, crowded and multicultural area. But it's worth a try so... I'm wondering what sorts of evidence is needed for it to be successful? What kind of supporting documents should be submitted to have more chance of being successful?

In regards to 457 - she has considered taking TAFE Course in relation to Early Childhood Diploma which allows her to work in pre-kindergarten school which is considered a skilled work (?) according to the list you have given me (thanks for the link btw). I'm wondering if doing a language school for 6 months + Masters Course for 1 year + Tafe for 6 months can extend her student visa for a bit or allow her to obtain Temporary Graduate Visa (Subclass 485) as she met the 2 years study requirement? But I'm not sure if TAFE courses or language school is part of CRISCO for it to count towards the requirements...

Again, thank you so much in advance.


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## CollegeGirl (Nov 10, 2012)

Actually, it's good news that you live in Sydney - NSW has the most liberal relationship registration policy of them all. You will absolutely be able to register your relationship, which will then waive the 12-month requirement. 

Google "NSW Births Deaths and Marriages" and look for information on relationship registration. They'll tell you what you need. It's not difficult to do. 

I don't know enough about student visas or the 485 to be able to help in that regard.


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## Maggie-May24 (Jul 24, 2011)

hoon88 said:


> I'm wondering what sorts of evidence is needed for it to be successful? What kind of supporting documents should be submitted to have more chance of being successful?


There are a couple of threads in the "Sticky" section at the top of the list of threads that should give lots of information on what people have included in partner/de facto applications. Give these a read and hopefully you can start a good list of what you can assemble.

Good luck!


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## GBP (Jun 1, 2013)

Good source of experience from other applicants:

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

http://www.australiaforum.com/visas-immigration/2997-very-unofficial-defacto-visa-tips.html

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


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## hoon88 (Aug 23, 2013)

CollegeGirl said:


> Actually, it's good news that you live in Sydney - NSW has the most liberal relationship registration policy of them all. You will absolutely be able to register your relationship, which will then waive the 12-month requirement.
> 
> Google "NSW Births Deaths and Marriages" and look for information on relationship registration. They'll tell you what you need. It's not difficult to do.
> 
> I don't know enough about student visas or the 485 to be able to help in that regard.


Again, thanks so much for the quick response. I really appreciate you guys helping me so much 

I have last few questions - Firstly, even if we register now, what are the chance of our relationship being successfully registered? It says on the website that other than proof of identification and small fee, there are no additional documentation that needs to be submitted. Is it as easy as it sounds on the website? And it is not stated on the website but what are the fees for our relationship to be registered?

And finally ... I know you have no definite answer to this but just want to know people's opinion on ... what are the chance of our De Facto visa being successful if our relationship is registered?

I've looked at the links that you guys have provided for me (thank you so much for the links again, I really appreciate it!), by the sounds of it, it seems achievable but I'm still not sure except that I try hard to provide as many evidence as possible. Especially in order to prove financial evidence (?), for example, I've heard that some people decide to create a credit card with their name and their partner's name as an evidence - I'm not sure how helpful this can be ... I've also read from the link that you need to provide photographic evidence?! 80 photos? Really? Hah... I'm still not sure what sorts of documentation is involved in the application process so I'm surprised at this.

Anyway, thanks again for so much help. I hope to contribute to this forum as well in the future


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## CollegeGirl (Nov 10, 2012)

hoon88 said:


> Again, thanks so much for the quick response. I really appreciate you guys helping me so much
> 
> I have last few questions - Firstly, even if we register now, what are the chance of our relationship being successfully registered? It says on the website that other than proof of identification and small fee, there are no additional documentation that needs to be submitted. Is it as easy as it sounds on the website? And it is not stated on the website but what are the fees for our relationship to be registered?
> 
> ...


If you qualify to register your relationship per the rules you found on the NSW Births Deaths and Marriages website, I'd say your chances of registering your relationship are 100%. It's not the kind of thing that's up in the air and you don't know if you'll get. You either qualify (over 18, one of you lives in NSW, etc.) or you don't. If you meet all the qualifications, you fill out the form, pay the fee, wait the 28 day "cooling off period" and that's it. It really is that easy in NSW. The fees actually are on their website. Looks like it's $207 at present.

You definitely do need to provide photos... certainly not 80, though! You need photos of you two together, with friends and family, etc. They ask for a "selection" of photos - they are not looking for an entire album. I'd say no more than 20 or so.

Your chances solely depend on the information you can provide. You said you read through the "De Facto" thread someone linked you to above (or at least part of it... I know it's a long thread!) That should have given you an idea of what sort of evidence you need and evidence other people have provided.

You're going to need statements from other people about your relationship - at least two from Australian Citizens or Australian PRs. You need evidence in four categories. This is the "base" of what DIAC asks for right here:



> evidence of a genuine and continuing relationship, within the four broad categories of evidence below:
> 
> *financial aspects of the relationship, such as:*
> joint ownership of your house or joint names on a lease
> ...


Things like letters sent to one or both of you at the address you share are good for proving you both live there. A joint bank account you pay household bills out of is good evidence. Even if you don't have a joint bank account, if you pay the rent every month out of your account and she buys the groceries, demonstrate all that with your bank statements. The idea is to show you are sharing and combining finances and household responsibilities.

Keep cards you send to each other, receipts for gifts.

If you holiday together, keep tickets, receipts, photos, etc. Change your supers and wills to list each other as beneficiary.

All these ideas (and more) are in that De Facto thread if you can wade through it. These are the types of things you need. Is there anything specific you're concerned you won't be able to provide? You still have several months to collect all this before her student visa runs out, it sounds like.


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## hoon88 (Aug 23, 2013)

Hi again,

Thanks so much for the responses and sorry to bump this thread again. I've applied for relationship registration but I was wondering if we had to prove that we live together for this to be successful (because we don't live together right now).

I've provided all the proof of identifications and licenses and everything that proves we both live in NSW but do we have to prove that we live together in same address?

Thanks in advance, 
I'm really really thankful!


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## CollegeGirl (Nov 10, 2012)

You are going to live together at some point for at least a few months before applying for the VISA, right? I thought I remembered you saying that previously but can't find it now. 

For the relationship registration, no, you don't need to be living together. Actually, in NSW, you can be living on completely different continents and still register your relationship. All that does, though, is make it so you don't have to live together all 12 months - you'll still need evidence of combined household and finances for a bare minimum of a few months.


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## hoon88 (Aug 23, 2013)

Hi CollegeGirl!

Again, thank you so much for quick response. So let me quickly put it this way -

So for relationship registration - you don't need to prove you live together but for De Facto visa- you have to prove you live together right now. Right?

Thanks in advance,

EDIT: Sorry if this sounds like a stupid question.


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## CollegeGirl (Nov 10, 2012)

Yes, that's correct. And there's no such thing as a stupid question!


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## hoon88 (Aug 23, 2013)

Sorry again to bump this thread.

I have couple of question regarding De Facto visa. I've looked at the other thread but couldn't find much information on these.

Firstly, I've spoken with various immigration centre (agents), they've said De Facto visa requires parent's signature? Both of our parents don't reside in Australia at the moment, I was wondering if this is really necessary (we are both adults) and if it is, how do we get some sorts of permission(?) from them as they current reside overseas?

My girlfriend needs to go back in February (if she goes back, it will be permanent sadly) as she needs to go back for reasons I can't say much about. So we might have less time to prepare for this. We might only (?) have 3 months of evidence ... is this enough? I see people that provide at least 6 months. Even if our relationship is registered (we have applied for this) and it waives off the 12 months requirement, I don't think 3 months of evidence is enough however strong it is... Though I will try...

Additionally, what is the processing time for the visa once we have applied for it? I've read there will be interviews(?) If we apply for this end of November, how long in likelyhood would it take for it to be accepted/rejected or get some responses?

Thanks again so much, especially CollegeGirl. You have really helped me to understand the visa issues here.

Thanks again!


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## CollegeGirl (Nov 10, 2012)

hoon88 said:


> Sorry again to bump this thread.
> 
> I have couple of question regarding De Facto visa. I've looked at the other thread but couldn't find much information on these.
> 
> Firstly, I've spoken with various immigration centre (agents), they've said De Facto visa requires parent's signature? Both of our parents don't reside in Australia at the moment, I was wondering if this is really necessary (we are both adults) and if it is, how do we get some sorts of permission(?) from them as they current reside overseas?


I have to admit - Assuming you are both over 18 years old (you are, right?) I think this is the most bizarre advice I have ever heard anyone given, lol. No, you do not need your parents permission to apply.

Are you sure they aren't perhaps talking about the statements you need from friend/family attesting to the genuineness of your relationship? For these, it can be helpful to include at least one parent on both sides. But do you need "permission?" Absolutely not, if you're both over 18.



> My girlfriend needs to go back in February (if she goes back, it will be permanent sadly) as she needs to go back for reasons I can't say much about.


I'm confused about what you mean by "it would be permanent, sadly." I mean, couldn't you later apply for a visa from offshore? But anyhow, onto your question....



> So we might have less time to prepare for this. We might only (?) have 3 months of evidence ... is this enough? I see people that provide at least 6 months. Even if our relationship is registered (we have applied for this) and it waives off the 12 months requirement, I don't think 3 months of evidence is enough however strong it is... Though I will try...


Work REALLY hard to accumulate good, solid evidence in those three months. Three months is the absolute minimum amount of time migration agents generally recommend living together/combining finances before applying for a spouse or de facto visa. And make sure you register your relationship RIGHT AWAY, as there's generally a 28-day cooling off-period before they send it to you, and then it takes some time to get through the mail to you. You don't want to risk not having that certificate.



> Additionally, what is the processing time for the visa once we have applied for it? I've read there will be interviews(?) If we apply for this end of November, how long in likelyhood would it take for it to be accepted/rejected or get some responses?


For applications made onshore (from within Australia), the wait time for the 820 is currently 13-18 months. The good thing is she will have full work rights as well as Medicare rights once her Bridging Visa A kicks in (when her previous visa expires). If she wants to go offshore, though, she'll have to apply for a Bridging Visa B, and she'll generally only be able to go offshore for a few months at a time here and there.


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## CollegeGirl (Nov 10, 2012)

Oops, forgot you said you already applied for the relationship registration - so you can disregard the reminder to do that quickly.


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## hoon88 (Aug 23, 2013)

CollegeGirl said:


> I have to admit - Assuming you are both over 18 years old (you are, right?) I think this is the most bizarre advice I have ever heard anyone given, lol. No, you do not need your parents permission to apply.


Exactly, I thought I was back in high school when I heard this from the agent. Had to ask them again and again.



CollegeGirl said:


> Are you sure they aren't perhaps talking about the statements you need from friend/family attesting to the genuineness of your relationship? For these, it can be helpful to include at least one parent on both sides. But do you need "permission?" Absolutely not, if you're both over 18.


Ahh so is it 'better' to include family attesting to our relationship than friends do? Stronger evidence?



CollegeGirl said:


> I'm confused about what you mean by "it would be permanent, sadly." I mean, couldn't you later apply for a visa from offshore? But anyhow, onto your question....


I can but there are issues from girlfriend's side IF she had to go back China.



CollegeGirl said:


> Work REALLY hard to accumulate good, solid evidence in those three months. Three months is the absolute minimum amount of time migration agents generally recommend living together/combining finances before applying for a spouse or de facto visa. And make sure you register your relationship RIGHT AWAY, as there's generally a 28-day cooling off-period before they send it to you, and then it takes some time to get through the mail to you. You don't want to risk not having that certificate.


Thanks. I will as soon as possible once I gather all the evidence!



CollegeGirl said:


> For applications made onshore (from within Australia), the wait time for the 820 is currently 13-18 months. The good thing is she will have full work rights as well as Medicare rights once her Bridging Visa A kicks in (when her previous visa expires). If she wants to go offshore, though, she'll have to apply for a Bridging Visa B, and she'll generally only be able to go offshore for a few months at a time here and there.


Sorry but I don't get this ... my girlfriend's student visa ends on May (but like I said, she MIGHT have to go back in Feb or March). If the wait time is that long, the processing time(?) is that long (or application time?), how does she get the Bridging Visa A? I'm confused by this ...

Again, thanks so much for your help!


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## CollegeGirl (Nov 10, 2012)

When you apply for the 820 onshore, she is immediately granted a Bridging Visa A. It will not "kick in" (go into effect) until her student visa expires. She has to abide by the terms of her student visa until it expires. Once it expires, she's automatically moved to a Bridging Visa A, with full work and Medicare rights. She will hold that visa until her 820 is granted 13+ months later.


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## CollegeGirl (Nov 10, 2012)

Incidentally, if it's a problem for her to abide by the terms of her student visa until it expires in May, it's my understanding from what Mark Northam posted earlier today that it might still be okay. You might want to ask him directly to be sure.


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## hoon88 (Aug 23, 2013)

CollegeGirl said:


> When you apply for the 820 onshore, she is immediately granted a Bridging Visa A. It will not "kick in" (go into effect) until her student visa expires. She has to abide by the terms of her student visa until it expires. Once it expires, she's automatically moved to a Bridging Visa A, with full work and Medicare rights. She will hold that visa until her 820 is granted 13+ months later.


So let me get this straight, no matter how strong your relationship evidence is or not, the bridging visa a will kick in? so whoever applies this can stay here for extra 13 months + ?

Really? Is this how it works?


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## CollegeGirl (Nov 10, 2012)

hoon88 said:


> So let me get this straight, no matter how strong your relationship evidence is or not, the bridging visa a will kick in? so whoever applies this can stay here for extra 13 months + ?
> 
> Really? Is this how it works?


Yes, that's correct. As long as you provide all the required documents for the application, so that it's a valid application, you can stay until your application is finished processing.


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## hoon88 (Aug 23, 2013)

CollegeGirl said:


> Yes, that's correct. As long as you provide all the required documents for the application, so that it's a valid application, you can stay until your application is finished processing.


Thanks so much! You've answered every question that I needed to know to get everything going for this application!

One last question though , what happens if the application is rejected for not having strong evidence after 13 months or so? how does bridging visa a work then? does my girlfriend have to go back straight away? or is there a 2nd chance to provide stronger evidence? what happens if I apply for spouse visa (marry) her after 13 months?

thanks again and sorry for asking such a basic (?) question!


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## CollegeGirl (Nov 10, 2012)

Well, if the application is rejected (and it might not take all 13 months, keep in mind - you never know for sure how long it will take) I believe she has 28 days to leave the country, unfortunately, UNLESS you file an appeal through MRT (you'd need a migration agent to help with this, most likely). MRT appeals are currently taking two years to be heard, so that's two years longer that she would get to stay, though I'm not sure with what kind of work/travel rights. I do believe you get to supply new evidence when it's time for your case to be heard... though I'm not positive. Sorry - this is territory I am not that familiar with.


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