# 189 Visa + Partner vs 2 Applications for 189



## Jackarmani (Jul 23, 2014)

Hi,


Background
My girlfriend and I are planning on moving to Australia. We have done the IELTS, Vetasses, etc and submitted our EOI. She is on 80 points and I am on 65 (both including 5 points for partner skills). It was our original belief we both needed to submit separate visa requests and just include our partners details on the EOI. Anyway I got accepted in the last draw (14th July), my partner only put up her EOI on 15th. On completing the visa application it may appear that by including my partner in my application she will not need a separate application.

Now to my questions:


If we include my partner on my application what sort of visa will she get? Will it be just another 189 visa or is it a different subset?
Is there any advantage to having her submit her EOI and I go on as her partner (given that she has scored 80 points and me 65)? Or is the points thing only a factor in the EOI stage?
If my partner does not get the same 189 visa then would I need to cancel my visa request and start again, given that I can't claim the 5 points for her on my application? If so how would I do this?
Is there any advantage to submitting two separate visa applications?

Apologies some of these questions may seem a little stupid, but we are genuinely confused.

Any help would be appreciated


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## espresso (Nov 2, 2012)

Since you referred to your partner as your "girlfriend" I assume that you are not married. In that case you can only include your partner (or be included as a secondary applicant) if you fulfil the requirements of a _de facto relationship_. Refer to Fact Sheet 35 – One-Year Relationship Requirement for De Facto Partners for the criteria. Most importantly, you need evidence that you've lived together for at least 12 months. 

Including one's partner in the 189 visa is ideal because both get a full PR visa without any strings attached. Even if the relationship breaks down after the visa has been granted and activated, you both hold the 189 visa in your own right. You get the same result like with two 189 applications, plus it's cheaper. If you don't fulfil the de facto requirements I would recommend to go for two 189 visas because both can be processed at the same time. The third option (= applying for a partner visa) will take much longer because you can only apply after your visa has been granted and you've _moved to Australia_. Then you'd have to wait around 8 months for the partner visa to be granted. Such a long period of separation is surely undesirable. There are ways to get your partner to join you on a tourist visa during the wait but then she cannot work, so that's not ideal either. 

Note that you cannot claim partner points if you don't include your partner in the application as secondary applicant (see Booklet 6, page 28) - in that case you should let the invitation lapse, correct your points, and apply then. 

Good luck, 
Monika


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## Stormbaby (Dec 5, 2015)

espresso said:


> Since you referred to your partner as your "girlfriend" I assume that you are not married. In that case you can only include your partner (or be included as a secondary applicant) if you fulfil the requirements of a _de facto relationship_. Refer to Fact Sheet 35 – One-Year Relationship Requirement for De Facto Partners for the criteria. Most importantly, you need evidence that you've lived together for at least 12 months.
> 
> Including one's partner in the 189 visa is ideal because both get a full PR visa without any strings attached. Even if the relationship breaks down after the visa has been granted and activated, you both hold the 189 visa in your own right. You get the same result like with two 189 applications, plus it's cheaper. If you don't fulfil the de facto requirements I would recommend to go for two 189 visas because both can be processed at the same time. The third option (= applying for a partner visa) will take much longer because you can only apply after your visa has been granted and you've _moved to Australia_. Then you'd have to wait around 8 months for the partner visa to be granted. Such a long period of separation is surely undesirable. There are ways to get your partner to join you on a tourist visa during the wait but then she cannot work, so that's not ideal either.
> 
> ...


Hello,
Does it mean that i must include secondary applicant in my EOI so that i can claim 5 points?
Also, my partner doesnt have to submit another separate EOI?
And by the time i got my invitation, me and my partner will het 2 separate invitaton for 189?(as you said, no strings attached). Is it true? 

Thankyou


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## dave85 (Sep 8, 2015)

Jackarmani said:


> Hi,
> 
> 
> Background
> ...


You are indeed confused. First, you need to tell us whether the relationship with your "partner" fulfills the "de facto" requirements. Otherwise, are you planning to get married prior to your EOI submission? 

How many years have you been with your girlfriend? Do you have a shared life? Joint bank accounts, etc???


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## dave85 (Sep 8, 2015)

Stormbaby said:


> Hello,
> Does it mean that i must include secondary applicant in my EOI so that i can claim 5 points?
> Also, my partner doesnt have to submit another separate EOI?
> And by the time i got my invitation, me and my partner will het 2 separate invitaton for 189?(as you said, no strings attached). Is it true?
> ...


If you include your partner in your own visa application, then your partner does not need to submit a separate EOI. She will however need to complete her own skills assessment and English language test to be eligible for the 5 points.

If the partner is included in your own EOI, then there will only be ONE invitation.


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## Stormbaby (Dec 5, 2015)

dave85 said:


> If you include your partner in your own visa application, then your partner does not need to submit a separate EOI. She will however need to complete her own skills assessment and English language test to be eligible for the 5 points.
> 
> If the partner is included in your own EOI, then there will only be ONE invitation.


so it means that we wont each get issued 189 visa?


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## dave85 (Sep 8, 2015)

Stormbaby said:


> so it means that we wont each get issued 189 visa?


NO. Both the primary applicant and secondary applicant gets their own PR visa.

On the grant notices, it will either state Primary applicant or Secondary applicant. These are cosmetic wordings - Once the PR visas are granted, there are no obligations between the primary and secondary applicant. Each will be permanent residents in their own right.


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## Stormbaby (Dec 5, 2015)

dave85 said:


> NO. Both the primary applicant and secondary applicant gets their own PR visa.
> 
> On the grant notices, it will either state Primary applicant or Secondary applicant. These are cosmetic wordings - Once the PR visas are granted, there are no obligations between the primary and secondary applicant. Each will be permanent residents in their own right.


thanks for the reply!
I only want to clarify whether we will individually got our own 189 visa when it is granted... 

But i dont think that we satisfied the one year relationship requirement for de-facto partners, we always see each other almost everyday but we havent change our address or anything.

do you know what i need to do to satisfied the requirement?
have you ever claim for 5 partner points?


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## dave85 (Sep 8, 2015)

Stormbaby said:


> thanks for the reply!
> I only want to clarify whether we will individually got our own 189 visa when it is granted...
> 
> But i dont think that we satisfied the one year relationship requirement for de-facto partners, we always see each other almost everyday but we havent change our address or anything.
> ...


I didn't claim for partner points as there was no need to. And we didn't need to waste time to do a second skills assessment. 

I'm married, so that satisfied the secondary applicant criteria. 

It sounds like you will have trouble meeting the de facto requirements. Maybe it's time to move the relationship to the next level  And then apply for PR after marriage.


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