Question of the Week
A Partner Visa application and a sc 601 visa in the times of Covid-19
Category: Partner Visa
Question asked
Hello,
I am planning for my partner to come to Australia, I have already talked with a different agent but seems to have gone offline. Please see below our current situation:
1. I am a male who currently holds a permanent residency visa
2. My partner is an American citizen and currently resides in the USA
3. We are planning for her to arrive to Sydney under a SUBCLASS 601, register our relationship with NSW and file for a bridging visa
a. Can this still happen? We have not been together or lived together for 12 months
b. She currently has a child
c. Are there any current restrictions given the COVID-19?
Are there any other fast methods we can pursue ?
I can be available for a call any time. Best regards,
A.
Answer provided by Migration Agent
Dear A.
Thank you for your question.
To satisfy the de facto relationship requirement, you must demonstrate that you and your partner has been in a de facto relationship for at least 12 months. Registering your relationship waives the 12 month living together requirement. Please note that you are not required to be living together to register your relationship, however it is a requirement that at least one party must be living in the State where the application is being filed.
You can do this even while she is offshore. The following link has further information regarding registering your relationship.
https://www.bdm.nsw.gov.au/Pages/marriages-relationships/relationship-register.aspx
As of the 20 March 2020, she may be allowed to travel to Australia, if she can prove her de facto relationship. She first needs to apply for a visa to travel to Australia (ex visitor visa) and after the visa has been granted she will need to prove evidence of her relationship to you to be granted permission to travel.
Depending on the conditions that may be attached to her visitor visa, she will be able to lodge a partner visa while she is onshore, and include the child (assuming that the child is under the age of 18 years).
The quickest way would be to get your partner over on a visitor visa and lodge the partner visa while she is onshore. Offshore partner visas are currently taking close to two years to process.
Thank you for using Ask an Agent. If you need further services from myself or a registered migration agent, please contact Amy at amy.jacobson@ask-an-agent.com.au - don't forget to mention your Question ID so that I can keep providing immigration services to you.
----- Clarification Request --------
Hello, thanks for your response.
Not sure how she would be able to prove the de facto relationship, would registering our relationship be proof enough?? I have lived in Sydney for the last 6 years so I should be able to do it. She came to visit me about a month ago and still holds the visitors visa for another 10-11 months. We have not applied for her son yet (5 yr of age). If it is still doable, I will like to hire you to get the process started. Should I still contact amy.jacobson@ask-an-agent.com.au?
----- Response from Migration Agent ------
Hello A.
Thank you for your clarification request. As you do not have strong evidence to prove your de fact relationship I would suggest that you first register your relationship. The process usually takes more than one month. Once registered, you can use your relationship certificate to obtain clearance for your partner to travel.
Can I ask if your partner disclosed her relationship with you to the department when applying for her most recent visitor visa.
You can continue to message me through the following email address: amy.jacobson@ask-an-agent.com.au
Thank you.
Migration Agent
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