Aus Visa problems - Help please!!

my loves downunder

Hi this is my first post on a forum. Not sure what to expect but need some help.
I was on a WHV in Aus for 2 years (sept '10 - Sept '12) then got a tourist visa extension from within the country before coming home for Christmas.
Start of Jan I applied for an eVisitor visa to go back for a holiday til Easter but I was refused on the grounds that they thought I was trying to use rolling visas to obtain quasi residence.
The situation is is that I have a boyfriend there on a 457 and we only have evidence of living together since Sept 4 which means I could apply for defacto earliest March 4. I was considering doing a short college course but when I look up student visa I saw the GTE clause, meaning genuine temporary entrant. and because I was refused the tourist visa as they assumed I was going to stay longer I imagine I will be refused a student visa.
I know this post is very long but i'm struggling to figure out a solution to my problem. Any advice for me?
Would marrying my boyfriend work?

lg123

How long you with this guy?

I really think this is one best dealt with by a registered migration agent, one based here in oz. they will cost, but not as much as a wedding.

hussey

The question is how long is your relationship, not how long have you lived together.
You can get defacto visa based on your relationship, it's a massive help that you live together, but you don't need it once you can prove you are in a genuine relationship
(flights booked, hotels, etc etc) as the above said maybe have a chat with a registered migration agent .

Mellor

my loves downunder wrote: »

The situation is is that I have a boyfriend there on a 457 and we only have evidence of living together since Sept 4 which means I could apply for defacto earliest March 4.

There's no time limit that you need to be living together before you can apply for a457 as a defacto partner. You could have applied in september.

I was considering doing a short college course but when I look up student visa I saw the GTE clause, meaning genuine temporary entrant. and because I was refused the tourist visa as they assumed I was going to stay longer I imagine I will be refused a student visa.

It's a bit strange to assume they'll refuse a student visa. What is that based on. I'm not sure how you think GTE clause affects you applying.
I imagine a holiday visa was refused because you just had a two 12 month WHVs, followed by another 3 holiday visa. Its kinda hard to make a case for another holiday, you had the time to see and do it all, etc

my loves downunder

thanks for your replies. the gte says they take into consideration immigration history (which shows that i've been there a long time) and if there are any ties as an incentive to stay in the country (my boyfriend) so i'm just afraid to have another refusal on my name.
the consulate in London said that the de facto has to show living together for 6 months
so i'm fairly fecked :-/
thanks for your help anyway

lg123

I don't think the consulate is correct re the 6 months living together. I know it adds a lot to your claim if you have cohabited, not sure it's essential. Hussey mentions the same above.

If you want to get in, your best chance is with a migration agent, this is a tricky hey one and an expert opinion will be no harm.

How long we're you with this guy before sept?

the flananator

my loves downunder wrote: »

Hi this is my first post on a forum. Not sure what to expect but need some help.
I was on a WHV in Aus for 2 years (sept '10 - Sept '12) then got a tourist visa extension from within the country before coming home for Christmas.
Start of Jan I applied for an eVisitor visa to go back for a holiday til Easter but I was refused on the grounds that they thought I was trying to use rolling visas to obtain quasi residence.
The situation is is that I have a boyfriend there on a 457 and we only have evidence of living together since Sept 4 which means I could apply for defacto earliest March 4. I was considering doing a short college course but when I look up student visa I saw the GTE clause, meaning genuine temporary entrant. and because I was refused the tourist visa as they assumed I was going to stay longer I imagine I will be refused a student visa.
I know this post is very long but i'm struggling to figure out a solution to my problem. Any advice for me?
Would marrying my boyfriend work?

Hi,

How did you go about getting the 601 visa? I am thinking about applying for one myself!

Mellor

my loves downunder wrote: »

thanks for your replies. the gte says they take into consideration immigration history (which shows that i've been there a long time) and if there are any ties as an incentive to stay in the country (my boyfriend) so i'm just afraid to have another refusal on my name

There are plenty of people who have spend two years here on 2 WHVs, then got a student visa, then gone on to get a 457, PR, or defacto visa. It's not against the rules.

the consulate in London said that the de facto has to show living together for 6 months
so i'm fairly fecked :-/
thanks for your help anyway

I know for sure that the above is incorrect.

Maybe you phrased the question badly, calling it a defacto visa for example. Or maybe the person answer misunderstood and assumed it was a different visa. But there is no minimum period living together for a 457 visa.
I know this because I asked the dept of immigration (which is who deals with it not the consulate) the same question last year. They told me living together is a good indicator but there no min period for the 457. My girlfriend was also granted 457 defacto when we lived together less than 2 months (going out 9 months total).

For a partner visa, a PR defacto etc it is different. There's a 6 month minimum then, maybe even 12 months in some situations.

Diddler82

Get your partner to complete this, along with you.

http://www.bdm.nsw.gov.au/Relationships.htm

Fill it out and return it. It is a legal document confirming your defacto relationship. This is a legal document with fraud resulting in heavy fines and/or imprisonment.

Costs $200 takes 28 days after the lodgement is made to receive the document and from their your relationship is certified as genuine.

This information was given to me by a Migration Agent who I am lucky enough to know reasonably well and get some free migration advice.

This should help push through the 457 Defacto Visa for you.

irishmover

How long does the relationship need to be to register? And subsequently get defacto?

Mellor

irishmover wrote: »

How long does the relationship need to be to register? And subsequently get defacto?

It's a separate process, unrelated to the visa.
Registering the relationship, can eliminate the minimum time requirement from PR visas. But the other conditions of a PR still apply, and the DIAC still need to be satisfied its a legitimate defacto relationship.

For a 457, there is no min time limit, so registering does nothing other serve as a piece of evidence. Quite an important piece of evidence, as its a legal declaration.

In Exile

Hi guys,

I know it's an old thread but just wondering if I could pick a few brains.

I'm currently on the 820 visa(de facto bridging visa) and had a question.

Our lease is up where we are living at the start of June and then we are heading back to Ireland for 6 weeks. When we return, we've been asked to house sit for someone for another 6 weeks.

Which means that we are not going to have any fixed abode for that period of time(don't want to be paying rent somewhere when I don't need to). In the meantime, during those 3 months, I'm hoping to receive some info regarding moving onto the 801.

Before I email my case officer, I was wondering, do they need a fixed address to contact us/check up on us. Or do they accept PO Boxes as my place of address?

IE

Mellor

If you are housing sitting for 6 weeks, that's your fixed address.
Not being on the lease, or not paying rent doesn't make a difference.