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Defacto Visa's

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    #32
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    What your being offered a 457 but they want you to come over and work on a WHV first? Never heard of that practice. Anyone else heard of that?


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    #33
    mandrake04
    Registered Users Posts: 4,435 ✭✭✭mandrake04


    Zambia wrote: »
    What your being offered a 457 but they want you to come over and work on a WHV first? Never heard of that practice. Anyone else heard of that?

    Common enough move actually, as people on a WHV can work out their probation legally.

    The biggest problem with employers sponsoring people while overseas is that there is a good chance they are a dud. So asking to do your probation on a WHV and there is no obligation for the employers to pay for their flights home if they turn out to be chocolate teapot.


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    #34
    Peregrinus
    Registered Users Posts: 26,056 ✭✭✭✭Peregrinus


    1306 wrote: »
    . . . We moved to Oz in April 2012- I came on a WHV. I have now gathered all the evidence required - leases, letter from Oz landlord to say living together the first month here, joint bills, joint bank accounts in Oz and Ireland, beneficiaries on each others supers, holiday itineraries as far back as 2009, joint car insurance in Ireland, photos, wedding invitations.. the works. Will also be getting two stat declarations from Ozzies. However we only started living together since we came out here in April. I have some backup of things posted to his address in Ireland so I was going to get his landlord to write a letter saying we were living together in Ireland . . .
    If I understand you rightly, the contract between the two bolded sections implies that you are going to lie in connection with your visa application, and furthermore that you are going to ask someone else to lie also.

    My apologies if I have picked this up wrongly.

    If I’ve picked it up rightly, though, you don’t need me to point out the potential downside. As matters stand, you have a very good chance of qualifying for a visa, even if you may have to wait until next year to complete the 12-month requirement. If you’re detected in any kind of deceit, though, you could bugger that up very seriously.

    Talk to a migration agent. My impression is that the de facto visa requirements are fairly stable, plus you have a second string to your bow in the form of your accountancy qualification. It would be a shame to burn all this by being caught out lying in an attempt to avoid what might be a quite illusory fear of a change in the rules which never happens. I certainly wouldn’t tell a lie “just in case” there is some adverse change in December. You’d be exchanging a remote possibility of a problem that might arise for a very real risk that you would have created yourself.

    This is a risk you don’t at present need to run at present. You should have some pretty compelling reason before you decide to run it.


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    #35
    Mellor
    Registered Users Posts: 39,022 ✭✭✭✭Mellor


    1306 wrote: »
    My boyfriend has PR (subclass 176). We have been going out 3.5 years, however at the time of putting in his 176 application my boyfriend didn't put me as de facto as we basically had no proof of de facto relationship.

    However we only started living together since we came out here in April.
    What ever you do, don't lie.
    From your post, it sounds like you have been going out for 3.5 years but possibly only in a defacto relationship since moving to australia. One element that might push the defacto status back would be the joint insurance. The wedding invites, holidays, photos etc doesn't really mean it was defacto.


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    #36
    AngryHippie
    Registered Users Posts: 2,625 ✭✭✭AngryHippie


    Agree completely with Mellor here, no point in lying as it will just cause you strife down the track.
    They do take all sorts of information into account though, from photos, bills, gifts receipts etc, So get as much as you can together from the last 3.5 or 4 years and submit the whole lot, if they don't accept the evidence then you gave it your best shot.

    A big part of it comes in your personal statement, which outlines your life together and how you work together as a couple. Even silly little things can make a good impression in that statement, like supporting each other through tough times, or busy times. Just lay it all out, without getting too dramatic, because the person processing it is a human being and you need to convince them of one thing: You are entitled to the visa

    Mine took about 2 years to get, but once the initial submission went in, there was a few phonecalls, a little extra evidence and a second federal police clearance cert, and it was all done.

    Just be careful, as the bridging visa only allows you to do what your initial visa did, so if you were on a tourist visa, you may not have working or studying rights until its processed.


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    #37
    Peregrinus
    Registered Users Posts: 26,056 ✭✭✭✭Peregrinus


    Mellor wrote: »
    . . . One element that might push the defacto status back would be the joint insurance.
    The joint bank accounts might also help.

    But the big item of information that's missing is: why weren't you living together when you were in Ireland? Not living together doesn't completely torpedo the twelve-month-relationship requirement, but it's a problem that you won't get around unless you can point to something that prevented your living together - his work; your need to stay at home and care for a sick family member; something like that. If the reason you weren't living together is that the relationship hadn't progressed to that point, that's a problem.


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    #38
    Mellor
    Registered Users Posts: 39,022 ✭✭✭✭Mellor


    Peregrinus wrote: »
    The joint bank accounts might also help.
    Yeah you're right. I missed that there was a joint bank account in Ireland.


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    #39
    ah sure !
    Closed Accounts Posts: 141 ✭✭ah sure !


    elliott550 wrote: »
    Hi,

    Well I could imagine that would shift the power dynamic in a relationship! 'Put the bin out' 'No' 'Put the bin out or i'll have u deported' :-/

    Going to ask my wife to put the bin out from now on !


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    #40
    katz14
    Registered Users Posts: 2 ✭katz14


    Hoping someone could help me out with this.... I am american and my boyfriend is Irish. I have been here for almost two years as a student and have been with my boyfriend for about 3 years. I have been living with my boyfriend and we will reach the 2 year minimum no problem but the only thing is, I do not have much evidence of it. I have a lease and a couple of bills in our name. I think out landlord is trying to avoid taxes so we just pay him in cash every month and Im not even sure if the lease is legit. Is this going to be an issue with the government? Do they check to see if the lease is legally registered? We share a house with one other roommate because we are trying to save money, I am a student and he is an entry level accountant so we have never really had a reason to open a joint account. Has anyone been is a similar situation or can give any advice! Thanks

    oh also how much do solicitors cost and are they worth it?


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    #41
    Canis Lupus
    Registered Users Posts: 9,893 ✭✭✭Canis Lupus


    One of you surely has to be Aussie or an Australian citizen before you can apply for defacto relationship... Or am I missing something?


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    #42
    Mellor
    Registered Users Posts: 39,022 ✭✭✭✭Mellor


    This is a forum about australia, best to try a different forum. Legal maybe?


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    #43
    pete4130
    Registered Users Posts: 3,944 ✭✭✭pete4130


    Zambia wrote: »
    What your being offered a 457 but they want you to come over and work on a WHV first? Never heard of that practice. Anyone else heard of that?


    Yep. A canadian guy I worked with had to do it. His company in Canada secured a contract and they didn't have time to organise 457's so he had to arrive on a WHV and then transfer over. So it does happen.


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