De Facto Visa

mandrake04

swimming in a sea full of trout wrote: »

hi,
anybody had experience with my situation? my girlfriend is applying for a nurse job, the recruiter told her i could come on de facto visa, so i thought once she would get her visa i'd get mine, but after reading this i'm not sure would my application only be able to start after she gets visa?

any help or link would be great.

You can be added to your GF application as a dependent and both will come through at the same time, of course the GF employer has to agree to this.

Mellor

mandrake04 wrote: »

You can be added to your GF application as a dependent and both will come through at the same time, of course the GF employer has to agree to this.

Plus you'll need to add the evidence of your de facto relationship.

Percy King

LizOHagan wrote: »

Great Percy King...patience can be hard when your future is up in the air. The processing time is the 5 to 6 months from date of lodgement so I suggest you wait until 5 months and then if you hear nothing send the email.

Hi All/Liz, still no word from the Australian High Commission in London and its been 5 1/2 since my initial application. Would you advise me to send them an e-mail asking for an update? I am just worried that if they do grant us the visa that my required entry date will be really quick as my Australian police check is from last May! My job here requires me to work 8 weeks notice and I don't want to mess them around as they have been good to me.

Percy King

Anybody with past experience any advice on my above situation? Much appreciated

LizOHagan

Hello Percy King

By all means send an email to the Case Officer seeking an update. I would also raise the issue of your initial entry date.

Regards, Liz

Percy King

I received an e-mail yesterday confirming that I have been granted a subclass 309 Provisional Spouse visa. After a long wait its a great relief to finally get the confirmation. From reading the mail I am free to enter and leave Australia until a decision is made on my Partner (Residence) (Class BC) Partner (subclass 100) visa which I believe usually happens after two years.
Do employers have any hesitancy about employing people who are on the 309 Provisional Spouse visa?? I don't think there are any restrictions regarding employment???
Thanks to everybody on here for your continuing advice and reassurance, it has helped alot.

universe777

Percy King wrote: »

I received an e-mail yesterday confirming that I have been granted a subclass 309 Provisional Spouse visa. After a long wait its a great relief to finally get the confirmation. From reading the mail I am free to enter and leave Australia until a decision is made on my Partner (Residence) (Class BC) Partner (subclass 100) visa which I believe usually happens after two years.
Do employers have any hesitancy about employing people who are on the 309 Provisional Spouse visa?? I don't think there are any restrictions regarding employment???
Thanks to everybody on here for your continuing advice and reassurance, it has helped alot.

Congratulations Percy, make sure to follow up your PR (100 visa) in 2 years, that's 2 years from when you lodged your application, so if you've been waiting 5 1/2 months, that is 1 year and 6 1/2 months from now.
Make sure in that time you are collecting some more evidence, joint bills, bank account, lease etc. They might not look for it, they didn't ask much from me when I got my PR (100 visa) in September.

No working restrictions on your visa except if you are going for any govt jobs they want PR, some banking jobs too.

Percy King

universe777 wrote: »

Congratulations Percy, make sure to follow up your PR (100 visa) in 2 years, that's 2 years from when you lodged your application, so if you've been waiting 5 1/2 months, that is 1 year and 6 1/2 months from now.
Make sure in that time you are collecting some more evidence, joint bills, bank account, lease etc. They might not look for it, they didn't ask much from me when I got my PR (100 visa) in September.

No working restrictions on your visa except if you are going for any govt jobs they want PR, some banking jobs too.

Thanks mate, I'll bear that in mind.

Better get the CV updated!

swimming in a sea

nono2011 wrote: »

Ok this is going to sound insane but here goes.. I an irish guy when I was on a WHV in australia about 5 years ago and we hooked up for a few months when I was in oz, I moved on after the visa was up and came back home to Ireland, he is still there and wil be applying for permanent residency. Anyway over the last year and a half we have been back in contact after he came home last christmas, and we have been in contact daily since. We have discussed me going de facto on his visa but I just think this will never work as we have never lived together and have no joint bank accounts etc. He is comin home again at xmas and im wondering would it be any good opening a bank account and starting from scratch, also i am going to go out in March for a holiday so would that stand to us at all, or is there really no hope

well it sounds like you are not really ever gonna be defacto so to put yourself forward as such is a scam, so i suppose its up to you how much of a scam you want. Bank a/c, leases can all be got. But if they suspect it, then no oz ever. Plenty of genuine ways to get in, work on those first.

nono2011

No I'm not doing anything illegal, i wouldnt dream of it!!! i am just asking in general where do i begin.. :mad:

Mellor

nono2011 wrote: »

No I'm not doing anything illegal, i wouldnt dream of it!!! i am just asking in general where do i begin.. :mad:

You haven't been in a DeFacto relationship with this guy, not even close. So there's no way to go defacto on his visa without lying on the application, which is obviously illegal.

Remember, Immigration would be aware of the fact that he was in Oz and you weren't for the last you years.

jackbhoy

nono2011 wrote: »

No I'm not doing anything illegal, i wouldnt dream of it!!! i am just asking in general where do i begin.. :mad:

It's a tough one as you are both living on opposite sides of planet it makes one of the key criteria for proving de facto, residing together, impossible. I think you probably need professional advice on some other ways that you can prove your relationship is legitimate, might be worth having a chat with a migration agent?
Good luck with it anyway...

nono2011

thank you, all I was asking for was advice not to be accused of cheating immigration..

ballooba

nono2011 wrote: »

thank you, all I was asking for was advice not to be accused of cheating immigration..

You're going to find it very hard to build a relationship (and therefore de facto) on the basis of what seems a casual relationship at best. If he were on a temporary visa then immigration might be a little more relaxed in their interpretation of what constitutes a relationship. Unless you marry this guy, you're going to have to look at other options. I would suggest you contact a MARA.

nono2011

Thanks, I appreciate that, I will contact them asap

jojoba

Hi nono,
My sister had a long distance relationship with her now husband for 6 years before they married. She was a student here in Ireland and he lived in Australia. He in a kiwi living in Oz. They met when she was over there on a whv years ago. Like you she came home to Ireland when her visa ran out. They got back in touch a few years later and started a long distance relationship.
She went over to him every summer. He came here for their wedding, stayed for 6 weeks and then went back to Oz to work while she stayed in college here.
He was back here again for 4 weeks a family wedding, she got pregnant during those 4 weeks. He went back to Oz again and came back 9 months later for the birth. He stayed for 6 weeks and headed back to Oz on his own again and she and their baby 2 months later finally moved over to live with him.
She applied for her permanent residency over there in the next couple of months. A couple of months after lodging her application she inquired to her case officer how her application was coming along and she was told that she was only going to be granted a temporary visa. When she asked why she was told that there didn't seem to be enough evidence of them having a life together.
Wedding, baby and joint bank account wasn't enough in their case as I suppose their relationship and start of their marriage wasn't the most conventional. My sister asked what else she could submit to help her case and she was told...photos of them both together!
The simple everyday things that show that you are a couple are what they want to see. You will need to keep evidence if possible of any contact you two have with each other. You say you are in contact daily, if you can prove that through emails or phone records hold on to them.
Photos, evidence that you are together when he is here or you are over there on holiday; hotel receipts, cinema slips, if you could get each other as named drivers on each others insurance when visiting each other. Mail for you sent c/o him in Oz when you are over visiting. All there things count.
It's not like the Australian authorities are against giving partner visas, they just want to establish that it is a genuine relationship that won't fall apart when you get out there.
I am currently waiting to hear about my own application for permanent residency through my Australian born husband. Having been married 4 years wasn't enough. I needed to prove that we are in fact a committed couple.
It's a lot of work to compile the application but if you are thorough and include EVERYTHING you can think of that show you are a couple albeit a long distance one it should be possible. Best of luck.
Check out this forum also
http://www.australiaforum.com/visas-immigration/

hussey

jojoba wrote: »

She applied for her permanent residency over there in the next couple of months. A couple of months after lodging her application she inquired to her case officer how her application was coming along and she was told that she was only going to be granted a temporary visa. When she asked why she was told that there didn't seem to be enough evidence of them having a life together.

When applying for defacto visa from an Australian citizen/Australian PR. it is standard you are granted a temporary Resident visa. This is standard and nothing to do with lack of evidence.
http://www.immi.gov.au/migrants/partners/partner/309-100/

This visa allows you to enter or remain in Australia on the basis of your married or de facto relationship with your partner:

on a temporary visa (usually for a waiting period of approximately two years from the date you applied for the visa)
on a permanent visa if, after the waiting period (if applicable), your partner relationship still exists and you are still eligible for this visa.

AngryHippie

I'm still waiting on my stage 2 (permanent) visa decision, we got granted the temporary (valid for 2 years from application date) visa nearly 12 months after the application went in, so I spent nearly 12 months on a bridging visa from a WHV, Nervous times. Definitely worth it so far. No regrets whatsoever. It is a slow process though. Just get the forms in and put it in the back of your mind.
Every scrap of evidence helps though, cinema stubs, travel tickets together, hotel receipts, engagement ring receipt or insurance cert. Health insurance policies together and dual bank account is important, photos slightly less so, but they do like to see a social side of your lives together

Mellor

nono2011 wrote: »

thank you, all I was asking for was advice not to be accused of cheating immigration..

Nobody accused you of cheating immigration. It was just pointed out that Iif you haven't been in a real relationship you'll need to stretch the truth a little.

jojoba

hussey wrote: »

When applying for defacto visa from an Australian citizen/Australian PR. it is standard you are granted a temporary Resident visa. This is standard and nothing to do with lack of evidence.
http://www.immi.gov.au/migrants/partners/partner/309-100/

For a de facto visa it may be standard, I don't know.
I was referring to my sisters case though.
In my sisters case she was told that they could see no reason not to grant her a temporary visa(it had not yet been issued, they were only in the middle of processing her application at that point) but was told that if she produced more evidence that she would get a permanent visa straight off which she did and got her PR.
If the relationship is a new one or one is married to the citizen/Australian PR for less than 2 years they will more than likely be granted a temporary visa at first, but if one is are married for longer and it's easy to establish that they are in a genuine committed relationship a permanent visa will be granted straight off.

Below is a cut and paste from page 37 of the partner migration booklet.

You may, however, be granted a permanent visa without having to fulfil the usual two-year
waiting period if:
• at the time you apply, you have been in a partner relationship with your partner for
3 years or more, or 2 years or more if you and your partner have a dependent child of your
relationship;

for de facto requirements check out page 35 of this link OP
http://www.immi.gov.au/allforms/booklets/1127.pdf