Not married or cant marry and want a partner visa
Do you want an Australian partner visa? What if you are not married, or can't marry, or don't want to marry? What do you do?
To get an Australian partner visa, you must be married or in a de facto relationship already before you can apply. If you are still legally married to someone else, or in a same sex relationship, and NOT in a de facto relationship, then we cannot apply for a partner visa.
http://www.downundervisa.com.au/2016/09/09/16722/
Australian partner visas, tourist visas and family visas. Visit Down Under Visa: http://www.downundervisa.com.au
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Options for couples who can’t marry right now
There is only one reasonable and realistic visa option for Australian Filipina couples who can’t marry yet wish to apply for a partner visa from Philippines to Australia. That option is to apply for a partner visa based on a de facto relationship.
The issue is that you must be in a de facto relationship right now. It’s not about getting a visa so that you can start a de facto relationship. You need to be in one now, and you need to be able to prove that you are living as a committed couple leading a shared-life.
But what do you do if you want to be together right now?
You accept the fact that you can’t! So take a large dose of patience, and read the next bit.
How long do you need to be in a de facto relationship before applying?
12 months!
Can this be reduced?
Yes and no!
Some states (QLD, NSW, ACT, VIC and TAS) allow registered relationships through the Department of Births, Deaths and Marriages. SA, WA and NT don’t.
And whilst QLD, NSW and ACT allow you to register the relationship if just one of you is living in that state (ie. one partner can still be living overseas), VIC and TAS insist on both parties being resident in that state.
I think we’ve already explained well enough in other BLOG articles that you don’t need to necessarily be together for 12 months non-stop. You can have gaps in that time where you are apart for unavoidable reasons (such as not having a visa), so it’s not necessary to try to get a 12 month tourist visa to be together. You won’t get one anyway. But you will be out of luck if you try to get a registered relationship in VIC or TAS.
And the big one? If either of you is still married and not yet legally divorced or annulled, you can’t register a relationship.
But if you can, you can reduce the 12 months down to 6 months.
Just note that this is not a substitute for evidence. Even if you have this nice, shiny certificate saying you have an official Registered Relationship, you still need to prove not only that you have an established relationship as you do with any partner visa, you also have to prove that you are leading a shared-life. The registering bit is just part of it. It doesn’t mean you have everything you need.