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Same sex de facto visa
Old 3rd May 2017, 01:42 PM   #1
ericpanda
 
Join Date: May 2017
Location: Vietnam
Posts: 1
Default Same sex de facto visa

Hi,
Was wondering somebody can help me. I am a 33yr old male. Born and raised in Sydney, Australia. I am Australian citizen. 9 years ago I relocated and have been living and working in Vietnam. In early 2011 I met my partner/fiance (also same sex) who is now 29 years old. He was born and raised in Vietnam. After only a few weeks of dating , we both decided to move in and live together. So for the past 7 years almost, we have been living together and sharing a life together in an on going loving and serious relationship here in Vietnam.
My problem is, I do not intend to stay in Vietnam for much longer, I want to move back home to Australia with my partner so we can both start a future together in Australia. But I have no idea about getting a visa for him.
My partner/fiance has no health issues or illnesses, he speaks, writes and understands very good english. He has assests in his name and also his own savings. As for proof of our relationship the last 7 years, we have photos, vacations taken together, letters, cards, anniversary gifts, screen shots of our phone conversations and text messages the last 7 years. Movie stub tickets and anniversary dinner receipts (Yes, I am a very sentimental guy and I did save and keep all those). We also have letters / statutory forms from friends, family and relatives whom are also Australian citizens stating and confirming our relationship.
In 2014 i did travel back to Australia on my own for 6 months to visit family and friends, so for those 6 months we were in a long distance relationship. But i do have proof of fone and call records and photos and letters to each other during those 6 months apart. During those 6 months I was also sending him money every fortnight via Western Union to help support him in Vietnam while I was away. We still have all of those receipts from my money transfers.
As of right now, we are engaged. Even though in Vietnam same sex de facto relationships and same sex marriage are not yet legalized, but we will be holding a small wedding ceremony just for us and our close family and friends to celebrate and our love and committment to each other.
So with all of this, if my partner/fiance was to apply for a visa to come live in Australia with me.. would he have a good chance? Also, due to me living and workin in Vietnam the last 9 years, I have not worked nor paid tax in Australia during the las 9 years. I don't know if that would create a problem? Also, Vietnam is a communist country and my partner/fiance has never travelled to Australia before. Would our case still be valid by Australian laws?
I just want to return home to Australia and my biggest wish is for him to relocate with me so we can both settle down and start a future and family together in Australia.
Please if anyone has any information that would help me, help us.. it would be much appreciated. Thank you in advanced.
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Old 4th May 2017, 08:24 AM   #2
Zoltan Bertok
 
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Join Date: Jun 2009
Location: Wattle Grove, NSW
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Zoltan Bertok Registered Migration Agent
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I can not see any problem here. You may go ahead with the application for this:

https://www.border.gov.au/Trav/Visa-1/309-

Watch out for the processing time: 22 months

If you want to return to Australia soon, then you may try to get a visitor visa for him and then he might be able to lodge the application on-shore and stay on a bridging visa.

See:

https://www.border.gov.au/Trav/Visa-1/801-

If you have time for the preparation of the visa application, then you may even lodge a front-loaded one. Let me quote from a recent letter from the Department:

"we will be giving priority to low-risk applicants and those regarded by DIBP as fully front-end loaded with documentation that immediately satisfies Partner criteria. This will result in a departure from our usual chronological method of assessing applicants by month of lodgement. Therefore, you may find that some of your clients receive decisions ahead of others who lodged many months prior. "

Good luck.
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