De Facto

GiftofGab

I was thinking of going for the De Facto visa. I'm on my 2nd WHV which ends in October. My girlfriend is an Australian citizen.

I've met her around March last year then I had to immediately go to Queensland for my farmwork. It took me 6 months to complete the full 88 days. However, I kept in contact with her the whole time I was farming.

After my farming I returned to Melbourne. We've been together since - 7 months. I moved in with her about 2 months ago. However, I'm not officially on the lease.

At present we don't have a joint bank account, joint lease, shared bills, wedding invitations etc. The only thing we have is a few pictures on our phone. Obvisously we can get written references from both our families.

We are going to set up a joint bank account this week and also declare our relationship to the city of Melbourne (through the birth / death cert office I believe).

I have less than 5 months left on my WHV and I can start gathering as much evidance as I can in that time period. So what do you guys think our chances are? Can we get enough evidance together in the time I have left?

She rang a migrant agent and had a brief conversation with them. One of the guys told him she would have no problem getting it. I was very skeptical as when I called them back another girl answered. She said in order to start the process the company would need a $3000 upfront payment. Once payment has been received they will send us out a list of requirement and start the paper work. Following this they would need an additional $5000 when they submit the application. I told them I was worried that we wouldn't meet the requirements for the visa but this agent said it will be no problem getting the visa but they were very general and didn't give us any specifics or reasons why it wont be a problem. This made me believe that they are a gang of crooks and that they will take on any case they can because they will get paid. But they put ideas in my girlfriends head and now she believes we I can get the visa.

Is there anybody who has been through this de facto process before? I would also love to hear from somebody who got a de facto on a person who is an australian citizen / residents.

hussey

Although I have no personally, I think the year mark is for Australian Citizen/residents, and they are strict enough, since you will be claiming medicare etc

Things like bills, holidays (flights, hotels etc) , defacto certs are important - pictures as far as I know are not valid.

My housemate recently put his Irish gf on his visa (457 not citizenship)
she was living in Ireland, and they had multiple phone records, hotels & flights (when he went to ireland to visit), when she came over they registered a defacto relationship and opened a Joint account.

She lived with him for 2months then applied.

Another friend of mine, was in a very similar situation, she has applied for PR with her Irish BF on a defacto, he was living in Ireland and they were in a long distance relationship for slightly over a year, he came over they pretty much had the same evidence as above and were recently successful.

dodgylegs

Hi Giftofgab,

Dont know too much about the Defacto visa, but if you are on the skills list maybe permanent residency might be cheaper, and might be less work. But maybe you have already looked into this.

GiftofGab

Well I have 5 years of college and only 2 years banking experience. Not sure if that qualifies me as a skilled visa?

Noo

So to hijack but ive a defacto question. Ive gone through the immigration website and cant find anything. How do you add a defacto to an existing 457, like are there forms to fill in, where do you send all your evidence. Sorry if its a silly question but I know you can add someone to the visa later but I cant find any info on how.

mandrake04

Noo wrote: »

So to hijack but ive a defacto question. Ive gone through the immigration website and cant find anything. How do you add a defacto to an existing 457, like are there forms to fill in, where do you send all your evidence. Sorry if its a silly question but I know you can add someone to the visa later but I cant find any info on how.

Application by family members
Members of a primary visa applicant’s family unit who are applying for a subclass 457 visa at the same time as the primary visa applicant may make a combined application with the primary visa applicant. They can apply on the same form and pay one visa application charge.

Members of a primary visa applicant’s family unit applying for a subclass 457 visa who do not make a combined application with the primary visa applicant will be required to make a separate visa application and pay the visa application charge again.

I think you use Form 1066, also I think you need to get permission from your employer.

dodgylegs

Hey Giftofgab,
Well you might want to look it up :-)

Noo

mandrake04 wrote: »

I think you use Form 1066, also I think you need to get permission from your employer.

Cool thanks. Is that visa charge just the applicants charge for the visa?

woolymammoth

GiftofGab, I've been through this myself.

My first bit of advice is don't sweat it. If you're both serious, you'll make it work. My Second bit of advice, is don't think for a moment it'll be quick - it takes a lot of time jump through all the hoops, so be patient. If the process gets you down, refer to step one! My third and last bit of real advice, is talk to immigration directly, not a migration agent.

In my experience, the Dept. of Immigration & Citizenship has always been extremely open and helpful. They're there to help you succeed, not fail. If you're studious enough, you can easily complete the required paperwork yourself, and pay a fraction of the cost you were 'quoted'. I can guarantee you that if you're missing something they'll tell you! Oh, and last time i checked, the requirement for applying was to be in a committed relationship for a minimum of 12 months. That doesn't necessarily mean living together, having both names on leases, or having joint bank accounts. What it does infer, is that you can't be living separately on a permanent basis, so as long as you can explain any separation, it should be OK. But give them a call & ask. I got my PR last year, and we still don't have a joint account! makes buying the b'day pressie a bit easier We did the long distance thing for a lot of the time too.

Anyway, search the forum, i'm sure i've posted some crap about it before. Collecting your evidence is the hardest part i think. But feel free to PM me if you have a question you can't figure out.

All the best,
WM

GiftofGab

dodgylegs wrote: »

Hey Giftofgab,
Well you might want to look it up :-)

woolymammoth wrote: »

GiftofGab, I've been through this myself.

My first bit of advice is don't sweat it. If you're both serious, you'll make it work. My Second bit of advice, is don't think for a moment it'll be quick - it takes a lot of time jump through all the hoops, so be patient. If the process gets you down, refer to step one! My third and last bit of real advice, is talk to immigration directly, not a migration agent.

In my experience, the Dept. of Immigration & Citizenship has always been extremely open and helpful. They're there to help you succeed, not fail. If you're studious enough, you can easily complete the required paperwork yourself, and pay a fraction of the cost you were 'quoted'. I can guarantee you that if you're missing something they'll tell you! Oh, and last time i checked, the requirement for applying was to be in a committed relationship for a minimum of 12 months. That doesn't necessarily mean living together, having both names on leases, or having joint bank accounts. What it does infer, is that you can't be living separately on a permanent basis, so as long as you can explain any separation, it should be OK. But give them a call & ask. I got my PR last year, and we still don't have a joint account! makes buying the b'day pressie a bit easier We did the long distance thing for a lot of the time too.

Anyway, search the forum, i'm sure i've posted some crap about it before. Collecting your evidence is the hardest part i think. But feel free to PM me if you have a question you can't figure out.

All the best,
WM

Thanks I'm just going to spend the next 5 months gathering evidance. I'm going to set up a joint bank acc. Shared lease. Declare are relationship to the city of Melbourne. Show evidance of phone records, facebook messages etc. Have shared holidays together. Have my parents send both of us some cards, postcards etc.

I don't know what you mean dodgylegs? I've getting a de facto of a Oz citizen not a person on a 457.

Riat

Hi Hussey,

I read about your post,what is registering as De-Facto realtionship and where we need to do this

hussey

Register here: http://www.bdm.nsw.gov.au/Relationships.htm
You go into an office and sign some forms

Diddler82

hussey wrote: »

Register here: http://www.bdm.nsw.gov.au/Relationships.htm
You go into an office and sign some forms

I did this, it is the greatest waste of time. The migration agenct basically said to me.. em that's great but we still need A, B, C, D, E, F - X, Y & Z!

Do it if you want but honestly, save yourself the $200 unless they actually ask you for it.

chuckster

Noo wrote: »

Cool thanks. Is that visa charge just the applicants charge for the visa?

Heya - I went de facto on my partners 457 visa last August and it was around $350 for the visa, that was the only charge.

hussey

Diddler82 wrote: »

I did this, it is the greatest waste of time. The migration agenct basically said to me.. em that's great but we still need A, B, C, D, E, F - X, Y & Z!

Do it if you want but honestly, save yourself the $200 unless they actually ask you for it.

I didn't do it myself, but my friend did, his agent told him he had to get it.
But he didn't really have much evidence of a relationship as she lived in Ireland and him here, barely any actually.
But you are right if you have plenty of evidence then this is not needed.

chuckster

hussey wrote: »

I didn't do it myself, but my friend did, his agent told him he had to get it.
But he didn't really have much evidence of a relationship as she lived in Ireland and him here, barely any actually.
But you are right if you have plenty of evidence then this is not needed.

I agree this doesnt seem to be necessary if you have other evidence.

Myself and my friend were applying for the exact same visa at the same time... she went through an agent and on top of the fees they required her to also register the relationship.

I did the application myself and didnt register the relationship, both our visas were approved.

Riat

Thanks Hussey,

Such form also available for Ireland ,I have evidence and all but for De-facto in Ireland we need to prove two year and in my case I have one year less ,we started living from 6 months and have all bills and evidence of trips,if I sign such forms it will be benefit here in Ireland for De-Facto

Mellor

hussey wrote: »

I didn't do it myself, but my friend did, his agent told him he had to get it.
But he didn't really have much evidence of a relationship as she lived in Ireland and him here, barely any actually.
But you are right if you have plenty of evidence then this is not needed.

Registering means you can bypass the 12 months living together rule for PR visas (n/a for 457). You still need the other evidence.

ifeelill

Hey mate, here are some of the basics i've pulled off of the immigration website for you.

So what happens is you apply for both the temporary and permanent visas at the same time (Note you will have to pay the fees for both visas on application). Once you apply for the visas you will roll onto a bridging visa until a decision is made, this could take 8 - 13 months. During this time you will not be able to work but you can apply for work rights citing financial hardship. Assuming your temporary visa is granted it will allow you to say in Aussie for two years and then if you and your partner are still together then you roll onto the permanent visa after two years.

Partner (Temporary and Permanent) (subclass 820 and 801) visas
Visa basics

• You must be in a partner relationship with an Australian citizen, permanent resident or eligible New Zealand citizen.
• You apply for both a temporary and permanent visa by lodging one application.
• You must not be in a relationship with an ancestor/descendent.
• You and your partner must show a mutual and ongoing commitment to a shared life to the exclusion of all others.
• Your de facto partner may be of the opposite or same sex as yourself.
• You and your partner must be at least 18 years old when you apply.
• You and your partner must have been in an ongoing and committed de facto relationship for the entire 12 months immediately prior to applying for the visa. Any periods of separation must only be temporary.
  Note: The 12 month relationship requirement does not apply in some circumstances.

Application forms and booklets

Form 47SP Application for migration to Australia by a partner (552KB PDF file).
Form 40SP Sponsorship for a partner to migrate to Australia (256KB PDF file).
Form 47A Details of child or other dependent family member aged 18 years or over (238KB PDF file).
Application checklist Partner visa (subclasses 820 and 801) (67KB PDF file).
Booklet 1 Partner Migration


Where to apply
Applications can be lodged by post or courier at the relevant Partner (Temporary) Processing Centre.

• Paper applications:
  Partner Processing Centres

Cost

3975 Australian Dollars
The visa application charge must be paid as part of the visa application process and is generally not refundable. There may be additional costs associated with your visa, such as medical examinations (if required).
Visa application charges are reviewed on 1 July each year. (As far as i can tell the department has no intentions of raising the charge this July)


Length of stay
If granted the temporary (subclass 820) visa, it allows you to stay in Australia until a decision is made on the permanent (subclass 801) visa. You can also travel overseas during the processing of your application. If granted the permanent visa, you can stay in Australia permanently, however, after five years you will need to obtain a Resident Return visa if you intend to travel overseas.

Pathways to permanent residence
pplying for a Partner visa is a two stage process:

1. You apply for a temporary visa (subclass 820) and a permanent visa (subclass 801) by lodging one application. The temporary visa is valid until a decision is made on the permanent visa.
2. If you are granted the temporary visa, you will be eligible for consideration of a permanent visa two years after lodging your application. Generally you must demonstrate your relationship is still genuine and ongoing.

However, there is provision for a permanent visa to be granted in less than two years in certain circumstances.
Before you are eligible to be assessed for a permanent visa the department will contact you at the last address provided by you to obtain further information relating to your application. You must inform the department when your address details change. If your address details change and you do not inform the department, a decision may be made on your permanent visa application based on available information.
If after two years you do not hear from the department, you should contact the relevant Partner (Permanent) Processing Centre.
Partner Processing Centres





More information can be found here but from the information you have supplied it seems that you will not meet the requirements of the visa what you http://www.immi.gov.au/migrants/partners/partner/820-801/


If you are a graduate you may be able to apply for a graduate visa. This visa will give you an additional 18 months stay in Aussie and has very few restrictions. More information can be found here > http://www.immi.gov.au/visas/students/485/

Riat

hussey wrote: »

Register here: http://www.bdm.nsw.gov.au/Relationships.htm
You go into an office and sign some forms

Hi Hussey,

Thanks for reply,it is possible to registered in relationship as couple with out marriage also ,if I can where I have to do in Ireland,please let me know ,Thank you

hussey

Riat wrote: »

Hi Hussey,

Thanks for reply,it is possible to registered in relationship as couple with out marriage also ,if I can where I have to do in Ireland,please let me know ,Thank you

Defacto is only for couples without marriage, as for Ireland - I have no idea. It is an Australian register, I doubt they have outside offices.

I have no idea if Ireland has a defacto register sorry

ifeelill

Ask them at the embassy in Dublin

Riat

hussey wrote: »

Defacto is only for couples without marriage, as for Ireland - I have no idea. It is an Australian register, I doubt they have outside offices.

I have no idea if Ireland has a defacto register sorry

Thank you,I will find out in forum or call them to know

Riat

I have query on De-facto ,my gnib card is expiring on Sep 2013 and if I apply De-Facto after how many days I get receipt that they received my application so that I can show to garda to get further extension on it ,is anybody gone through such situation please let me know,I want to apply second week of September and I don't have joint account and utility bills in my name it will be problem for De-Facto ,I read some forums but didn't find this answer,how citizen information office and some related offices will help me I didn't get this,any how I am going to esquire soon ,Thank you.

Cushie Butterfield

Riat wrote: »

I have query on De-facto ,my gnib card is expiring on Sep 2013 and if I apply De-Facto after how many days I get receipt that they received my application so that I can show to garda to get further extension on it ,is anybody gone through such situation please let me know,I want to apply second week of September and I don't have joint account and utility bills in my name it will be problem for De-Facto ,I read some forums but didn't find this answer,how citizen information office and some related offices will help me I didn't get this,any how I am going to esquire soon ,Thank you.

I doubt if you'll get the answers you're looking for here in the Australia forum. Have a read through this thread for Ireland: http://www.boards.ie/vbulletin/showthread.php?t=2055870436

Bear in mind that the above thread started just after the DeFacto option became available, so things have changed a lot since that, so more recent posts would be more accurate.

Judging by what some posters on that thread who have recently applied they received acknowledgement of their applications within 3 to 5 days. The GNIB Gárda will either give an extension to your existing visa or will flag your GNIB number with a non-deportation notice.

You would definitely need some sort of documentation in joint names. Again, have a read through the thread I linked to & you will see what others have submitted. It should be easy enough to get utility bills changed into joint names, so you should try to arrange this now, as well as joint bank accounts.

Riat

Cushie Butterfield wrote: »

I doubt if you'll get the answers you're looking for here in the Australia forum. Have a read through this thread for Ireland: http://www.boards.ie/vbulletin/showthread.php?t=2055870436

Bear in mind that the above thread started just after the DeFacto option became available, so things have changed a lot since that, so more recent posts would be more accurate.

Judging by what some posters on that thread who have recently applied they received acknowledgement of their applications within 3 to 5 days. The GNIB Gárda will either give an extension to your existing visa or will flag your GNIB number with a non-deportation notice.

You would definitely need some sort of documentation in joint names. Again, have a read through the thread I linked to & you will see what others have submitted. It should be easy enough to get utility bills changed into joint names, so you should try to arrange this now, as well as joint bank accounts.

Thanks Cushie Butterfield for lot of information,I will go through the link and get ready my documentation for it

Riat

Can I get sample letter format to write about De -Facto explaining about relationship and letters from family and friends,how to start this letters ,I am keeping letters from us,family and friends letters,total 3 letters and rest documentation is getting copies print and enclosing it ,I read about in forum what are documents required but if I get sample letter format it will be so helpfull,I know what to mentioned but still confused ,Thank you

Cake Man

Hi all, I don't mean to hijack the thread but I just have some questions about the defacto. I'm here in Aus 7mths now and plan on being sponsored by my gf, she has her Aus passport (born here but lived in Ireland all her life). I'm currently working a job as an engineer and my contract will be up in 6 weeks.
Probably a long shot but would it be possible to get the whole sponsorship done in 6 weeks? I ask as my employer said if I got this sorted, they would extend my contract (as I'm on a WHV and can only work for 6mths in any one place).
Tbh, was kinda hoping for a while I'd get sponsored by the company but it's not going to happen so looks like it'll be plan B (defacto through gf).

I don't mean to sound like an idiot but where exactly do I start? We weren't living together before we came out here but have obviously been living together for the last 7mths. We have been going out with each other the last 7 years nearly so we'd have plenty of evidence to prove the relationship. Would we have to register the relationship first and then apply for the visa or how will it work?

Many Thanks

Mellor

Cake Man wrote: »

Hi all, I don't mean to hijack the thread but I just have some questions about the defacto. I'm here in Aus 7mths now and plan on being sponsored by my gf, she has her Aus passport (born here but lived in Ireland all her life). I'm currently working a job as an engineer and my contract will be up in 6 weeks.
Probably a long shot but would it be possible to get the whole sponsorship done in 6 weeks? I ask as my employer said if I got this sorted, they would extend my contract (as I'm on a WHV and can only work for 6mths in any one place).
Tbh, was kinda hoping for a while I'd get sponsored by the company but it's not going to happen so looks like it'll be plan B (defacto through gf).

I don't mean to sound like an idiot but where exactly do I start? We weren't living together before we came out here but have obviously been living together for the last 7mths. We have been going out with each other the last 7 years nearly so we'd have plenty of evidence to prove the relationship. Would we have to register the relationship first and then apply for the visa or how will it work?

Many Thanks

You should have plenty of evidence to qualify for the visa but you won't get it through it 6 weeks. 6 months would be lucky.
If your WHV runs out you'll get a bridging visa so no issues there.
You don't need to register the relationship.

ifeelill

Cake Man wrote: »

Hi all, I don't mean to hijack the thread but I just have some questions about the defacto. I'm here in Aus 7mths now and plan on being sponsored by my gf, she has her Aus passport (born here but lived in Ireland all her life). I'm currently working a job as an engineer and my contract will be up in 6 weeks.
Probably a long shot but would it be possible to get the whole sponsorship done in 6 weeks? I ask as my employer said if I got this sorted, they would extend my contract (as I'm on a WHV and can only work for 6mths in any one place).
Tbh, was kinda hoping for a while I'd get sponsored by the company but it's not going to happen so looks like it'll be plan B (defacto through gf).

I don't mean to sound like an idiot but where exactly do I start? We weren't living together before we came out here but have obviously been living together for the last 7mths. We have been going out with each other the last 7 years nearly so we'd have plenty of evidence to prove the relationship. Would we have to register the relationship first and then apply for the visa or how will it work?

Many Thanks

I have been quoted a time of anywhere from 5 months to 13 months for this visa to process. Once the application is made you will go onto a bridging visa and can apply for work rights citing "financial hardship". This can take 1 week to 3 months to get.

s.c

ifeelill wrote: »

Once the application is made you will go onto a bridging visa and can apply for work rights citing "financial hardship". This can take 1 week to 3 months to get.

Isn't the case with bridging visas that you have the same working conditions as the visa you were on? In this case it would be full working rights but still restricted to the six month rule.

ifeelill

I am on a holiday visa with a no right to work so you might well be right, i was advised that once my application was lodged i would have no right to work and that i would have to apply for work rights.

Mellor

ifeelill wrote: »

I have been quoted a time of anywhere from 5 months to 13 months for this visa to process. Once the application is made you will go onto a bridging visa and can apply for work rights citing "financial hardship". This can take 1 week to 3 months to get.

He probably won't go on to a bridging visa immediately as he has a current WHV.

When he does go on to a bridging visa, it'll be bridging visa A, which automatically keeps existing work permissions. So he won't need to apply for work rights.

If you do need to apply for work permission, it's granted straight away at the immigration office.

Cake Man

Thanks for the replies and info lads, much appreciated.

So the bridging visa would kick in as soon as the WHV ends (which will be November)? Hopefully that is the case that work permissions are kept and there are no issues there. Seems kinda ridiculous how they could expect you to live without any income for months.

I think it's about $4k for the defacto, it's a good few quid but if it has to be done then I don't mind doing it. Is it true that doing this means having to stay in the country for 2 years? Would this mean not even being allowed go home for a few weeks at Xmas/for a wedding etc? Cheers.

Noo

Just have another quick question...we will be applying to add my OH to my 457 in a few months (we've only just started living together in oz, together 6 years in ireland), we have a joint bank, electricity, travel itineraries going back years etc. But as I got here first and he moved in with me he is not on my lease, is his bank account showing he is paying rent at the address enough to show we are living together?

ifeelill

Can you ask your landlord to add him to the lease ? And make sure you have an joint Aussie banks account. Im sure that you will make a compelling case to the authorities if your documentation covers a period of six years.

Cake Man

Hi all, just have another question about the de facto. Got the forms to fill out and it seems straightforward enough (for now!).

One issue we noticed was that form "Statutory declaration by a supporting witness in relation to a Partner or Prospective Marriage visa application" basically calls for a friend/family member who is either an Australian citizen or Australian permanent resident to fill out the form declaring they know us both and can confirm the relationship is genuine. I guess it's kinda like a reference, similar to what you'd put forward on a CV/job application, that seems to be my understanding of it.
The problem though is that we know people here but they aren't yet citizens or permanent residents so don't have anyone that could vouch for us. The gf was born here but lived in Ireland all her life. She knows of a few people who are citizens (through friends of her parents when they lived here 20 odd years ago) but the problem is, they wouldn't know me so again couldn't vouch for us. Any ideas what we could do? Surely there's a way around it.
Thanks lads.

ifeelill

Cake Man wrote: »

The gf was born here but lived in Ireland all her life.

She has no family/friends in Aussie who are PR/Citizens ?

Cake Man

ifeelill wrote: »

She has no family/friends in Aussie who are PR/Citizens ?

Sorry, maybe I didn't explain clearly. She wouldn't have family here as her parents moved out here 20 odd years ago, had her here (first child) and moved back home to Ireland when she was a few months old.
Her parents would know a few people who they would have been friends with out here 20 odd years ago but what I'm saying is those friends of her parents would know my gf but not me, you get me? So technically, they couldn't really put down on the form that they know us both when they only know her and not me! We could try chance it but it coud compromise the whole defacto if they rang up her parents friend some time and she couldn't confirm some details etc!

So just wondering if there is anything that could be done to get around this?

Mellor

How about somebody from work?
Somebody who works with one if you must know both of you.
I used a work colleague as my reference on my PR visa.

Cake Man

Mellor wrote: »

How about somebody from work?
Somebody who works with one if you must know both of you.
I used a work colleague as my reference on my PR visa.

Still probably the same situation Mellor, we both only work in places a few months, she doesn't know people I work with, nor I hers! (My 6mth contract in my current company is up in a few weeks anyway).
But it might not be a bad idea, they would know of me but we wouldn't have met if that makes sense.
I mean, how well would the person have to know me or both of us!?

Do you mind me asking if your work colleague you used as your reference received a call from the Dept. of Immigration to confirm details and that?

Thanks for the info and replies!

ifeelill

Just get someone from her work over for dinner, start building connections/relationships with the locals (you'll need to do this anyway) and then just drop your issue into the conversations after a few meeting

Riat

I have query regarding De facto,I made arranged all the document like joint account,utility bills ,photos and all but it is difficult for me to collect letters from my boy friend parents and friends and I am bit worried ,it is ok for submit documents with this letters ,please let me know ,we have strong financial documents and proofs of photos and emails .My parents and sisters and friends are also supporting me with their letters but it is very hard to get letter from boy friend side .