Please advise how to get the de-facto status before PR

[Andreas]

Hi All,

my partner and I would like to get the de-facto status. I have applied for PR in March 2009 but my application is still in progress. I currently hold Graduated Visa (Subclass 485) and she has Student Visa, we've been living together for 15 months in Australia.
Please let us know if there is any chance to my partner to get the same visa just like mine.

Thank you for your help in advance.

Regards,
Andreas

[Migration Help]

Hello Andreas

Welcome to the Migration Help forum.

Could you please let us know what permanent visa you have applied for?

Thanks
MH

[Andreas]

Thank you for your response.
I applied for Subclass 886 visa.

[Tony Coates]

Hi Andreas

Unfortunately, you can only include a partner in an 886 application at the time that you make it - a partner cannot be added later. You have two main options:

1 - if still holding a 485 visa, you could look at making another 886 application and this time combining an application for your partner - you must make sure that your partner holds an eligible student visa etc , for her to make a valid 886 application with you plus make sure that you also still meet the valid application requirements plus "time of application" requirements. This will then give her a BVA to keep her lawful in Australia after her student visa expires and until the second 886 application is finally determined. You could keep your current 886 visa going also as this will get you PR quicker. When the first application comes through, you can either keep the 2nd 886 application going so that your partner gets PR OR you can sponsor her for a partner 820/801 visa - this would be an initial temporary/provisional visa so it may be better to let the 2nd application run its course.
2 - your partner could continue studying and later apply for 485 herself and, as long as you get your 886 visa before her 485 runs out, you can then sponsor her for the 820/801.

If you have not already, you should update your application to advise DIAC that you have been i na de-facto spouse relationship for the past 15 months.

Regards


Tony Coates
Un-Regsitered Migration Agent