My question is in regards to immigration. I met my girlfriend overseas last year. She lives in Moscow. We have decided

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Customer: Hi there! my question is in regards ***** ***** I met my girlfriend overseas last year. She lives in Moscow. We have decided we would like to work towards moving her over here. I have done some initial research & enquiring into this & it seems to apply for a partner visa type situation you need to have lived with someone for at least a year, is that correct? Obviously as we live in different countries it isn't possible to do that until she arrives. Are there any other pathways you are aware of or could recommend to me as the best way to go about it? We are aware that you have to get these things right or risk refusal or bemishes on records for the future Many thanks for helping either way! :)
JA: What steps have you taken? Have you filed any paperwork with the U.S. government?
Customer: are you in the US? I am in Australia! haha we haven't taken any steps yet, we are trying to figure out a pathway so we can take steps towards it
JA: Have you talked to a lawyer about the visa?
Customer: i have not no, i thought i would try legal aid first & ask the question
JA: Anything else you want the Lawyer to know before I connect you?
Customer: she is 34 years old, she is a civil lawyer in moscow as a profession
Answered by John Melis in 8 hours 2 years ago
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Concerning your important matter, the best things are to migrate on is the partner Visa which is detailed below for you

As you have not submitted any applications to Home Affairs (immigration department), you will be able apply for a partner visa.

There are two streams 820 and 801, both streams can be applied for but you only submitted one application.

The application process is done online through the Home Affairs website.

You will need to create an immi account, which is free to process the application.

When you complete the application form online it is important that you do not oversupply detail and only provide the exact information that s asked for, as this will ensure your application is not put to the side or red flags raised about the information in the application.

You can commence the process through the following link:

https://www.homeaffairs.gov.au/trav/visa-1/801-/Partner-visa-(subclasses-820-and-801)-document-checklist

If you need an immigration agent you can use the following link to identity a party to assist you, but you should be ok completely the form online directly, as the online process is very easy and good to use.

https://www.mara.gov.au

Would you like to consider these options.

You have a legal right to protect your interests in this important situation.

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
Hi John, how are you?
Many thanks for the reply!Yes, I am aware of the partner visa, but I wasn't sure we could apply for it.From my understanding to apply for the partner visa, you need to be able to demonstrate that you have been living with the person for at least a year; if this isn't correct I would be interested to hear!In our situation, my girlfriend lives in Moscow so we haven't had any chance to live together prior to her coming to Australia.So we want to be really sure about our pathway as we know that if you make a wrong choice it can mean she can't enter the country.So if you can confirm that we are truly eligible to apply for the partner visa having not lived together at all as yet, that would be great.Thanks again :)
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John Melis, Expert

The key element in your particular case is to be able to demonstrate that there is any relationship existing. This does not mean you need to actually be living together but you must show a demonstrated commitment to one another over a period of time.

The partner Visa will be the better Visa to apply,

Customer
Hi John, many thanks.
Let's say for example my partner arrived on a tourist visa 600, then we decided we wanted her to stay & applied for the 820 - this is hypothetical of course just trying to get a deeper understanding.
We wouldn't have a history of demonstrated commitment to each other in Australia with ways such as names on bills or a shared address or anything like that, all we have is that we spend 2 hours every day video calling each other, many photos & messages.
She has already visited me once here in Australia.I have heard that we could apply for a civil partnership which would demonstrate our commitment to each other being legitimate & true & would be looked upon as well as having lived together.So I guess there are 2 questions there I am curious about.Thanks again for your time!
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John Melis, Expert

Thank you for your follow-up, then based on relational information, what I would suggest is that you have a party arrive in Australia on a tourist Visa, or a student Visa, as these two these are the quickest ways to come to Australia, and then once they're in Australia, then reapply for another Visa

Customer
Thanks John; is that legal though?
I guess technically not but many people would do it.Do you know anything about civil partnerships?I have heard it holds as much weight as a years history with someone living together
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John Melis, Expert

Yes, it is legal, and just utilising the visas to your advantage

Customer
Hi John, thanks again.
One further question to this, if we come in on the tourist visa that has no warning rights (she is too old for a working visa)I have heard though, that if you come in on a tourist visa then apply for the partner visa, you automatically gain working & travel rights in Australia while on the bridging partner visa.Can you confirm that?
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John Melis, Expert

student visa gives work rights

Customer
What about if she comes as a tourist though then we apply for the partner visaI have heard she then gets working rights with the bridging visa - can you confirm that?
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John Melis, Expert

as a tourist she cannot work though

Customer
we know that, but I'm saying if we apply for the partner visa she then goes on the bridging visa.
Does that then give her the working rights?
Customer
While she is here alreadySo comes as tourist
We apply for partner while she's here
Does she get working rights automatically being on the bridging visa then
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John Melis, Expert

While she's on the bridging Visa, she won't get working rights until the partner Visa kicks in

Customer
Ohhh really? DamnI had heard differently about that - the full partner visa can take 2 yearsYou definitely don't get working rights on a bridging visa?
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John Melis, Expert

that is why you should go the path of a student visa as that gives work rights

Customer
You have to be under 30 though I believe? She is 34
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John Melis, Expert

you can still apply

If you prefer to talk on the telephone, I have sent you a special offer of $8.00 to assist you in more detail, as it will make it easier to discuss your matter. I kindly request that you complete the details on the offer, and we can talk straight away as you need. Otherwise, we can keep chatting in this box.

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