820/300 visa query - missing some criteria..

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820/300 visa query - missing some criteria..


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Old 01-05-2013, 02:59 AM
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820/300 visa query - missing some criteria..

Hey folks

This is my first post on here, so thank you for reading and I'd welcome any feedback!

I'm from North London and have been over in Melbourne since late Nov 2010, so have done about 26 months so far. When I came over initially I was on a WHV, but I was sponsored after 6 months by my current employer and am now on a 457 visa (I'm a recruitment consultant - sorry).

Since I've been in Aus, I've been in a relationship with my now-fiance, who is an Aussie citizen and who I met travelling on Boxing Day 2009. We are getting married on March 21 this year, and I'm looking at visas that I can apply for that allow me to stay here without work restrictions. The main two seem to be the 820 partner and 300 (prospective marriage) visas.

It's all totally legit so have no qualms about doing it, but there's two areas of the criteria that I'm concerned about not meeting, and wanted to see if anyone had had any similar issues.

1. 12 month de facto - we've been living together for the past 2 years (pretty much, a couple of months short maybe) but the lease has always been in my name, not both of ours. So I'm not sure whether that means we can prove we've lived together or not. Although we have had a shared bank account for in excess of 12 months that we've paid rent out of. However, all utility bills etc are also in my name - my fiance is pretty disorganised when it comes to that stuff, so I've been looking after it all.

2. This is the main one - she works in a cafe and gets paid in cash, and doesn't pay tax. So we can't actually prove she's worked at all over the last 2 years..although we can prove bank accounts that have had money paid into them, we can't show where that money has come from..

The rest - stat decs, photos, etc etc should be no hassle at all, and I'm in the process of getting that together in case, but does anyone have any advice as to what to do?

I was planning to apply for a visa over the next month or so (by end of Jan) but if I wait until we're married end of March and we have a marriage certificate, does that make it easier or mean we have to prepare less info?

It wouldn't actually be an issue but we're planning to go travelling for 6 months in June/July (if possible) and I won't be able to get a sabbatical of any sort from my job, so I guess my visa would just end. Which would mean I couldn't get back in and work..

Please please ANY thoughts/feedback would be greatly appreciated!

Cheers
Charlie


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Old 01-05-2013, 07:04 AM
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Hey Charlie,

We just got the first part of our defacto visa approved. We hadn't been together very long and only moved in together earlier this year.

You can bypass the 12 month wait time for defacto by registering your defacto relationship with Births Deaths and Marriages. Victoria is one of the few states that allow this. The Form is easy, the evidence was a pain but nothing like these applications! Once you marry, it apparently over rides the defacto certificate.

Not sure about the job situation. We had to supply a letter from my employer as the sponsor I think - would hers do that? It had my start date, position and salary.

As for the travel - someone else might have more info but I thought you had to be in Australia at the time it was granted. I may be wrong though!

Good luck!


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Old 01-05-2013, 08:21 AM
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Quote:
Originally Posted by CharlieCole View Post
Hey folks

This is my first post on here, so thank you for reading and I'd welcome any feedback!
welcome charlie and im sure everyone on this forum will help you.

Quote:
I'm from North London and have been over in Melbourne since late Nov 2010, so have done about 26 months so far. When I came over initially I was on a WHV, but I was sponsored after 6 months by my current employer and am now on a 457 visa (I'm a recruitment consultant - sorry).
Lol dont be sorry for your job hun your working lol, some one has to do it. You say your on a 457 visa how long is this for?


Quote:
1. 12 month de facto - we've been living together for the past 2 years (pretty much, a couple of months short maybe) but the lease has always been in my name, not both of ours. So I'm not sure whether that means we can prove we've lived together or not. Although we have had a shared bank account for in excess of 12 months that we've paid rent out of. However, all utility bills etc are also in my name - my fiance is pretty disorganised when it comes to that stuff, so I've been looking after it all.
I wouldnt think its a problem about the lease because i am in the same situation as you are my house Morgage is in my name, when we rented a larger place i had the lease in my name, the one thing i was told to do is to have a letter drafted up from my landlord saying that although the lease was soley in my name she could verify that both my partner and i were living together as a couple. I sent of the letter and i had no problems at all. You could try to obtain the same from your landlord

Quote:
2. This is the main one - she works in a cafe and gets paid in cash, and doesn't pay tax. So we can't actually prove she's worked at all over the last 2 years..although we can prove bank accounts that have had money paid into them, we can't show where that money has come from..
I dont know the law on things in Australia in regards to tax, if your allowed to be paid in cash, but as long as you can prove that you can support her then i dont see any problems, my partner doesnt work and i support him yes he has his pension ( not one that he gets on a monthly basis its a superannum) but he doesnt touch it all. And you can always have family writing a letter saying they would support you, if needed. I honestly dont hink you have a problem on this, but im sure some one will be able to shed more light on this matter for you, this is just my opinion and im in a simular situation and i didnt have problems.

Quote:
The rest - stat decs, photos, etc etc should be no hassle at all, and I'm in the process of getting that together in case, but does anyone have any advice as to what to do?
Oh boy there is so much advice to hand out as each person has had different situations and had to prove different aspects of there application, if i was you just take on step at a time read all the info and plan each step obtaining each piece of information they require, one thing i was asked for was as much prove within the last 1 year to show we lived together, especially photo,s of occasions ect, start gathering the photos, any post that you have both received within the last 2 years { the more the better} i know they only require the last 12 months but still if you can show them for the last 2 years its a good thing.

Quote:
I was planning to apply for a visa over the next month or so (by end of Jan) but if I wait until we're married end of March and we have a marriage certificate, does that make it easier or mean we have to prepare less info?

It wouldn't actually be an issue but we're planning to go travelling for 6 months in June/July (if possible) and I won't be able to get a sabbatical of any sort from my job, so I guess my visa would just end. Which would mean I couldn't get back in and work..
This im not sure about sorry but im sure some one could help you on this,

Quote:
Please please ANY thoughts/feedback would be greatly appreciated!

Cheers
Charlie
these are only what i went through Charlie and im sure many other people had different issues so please dont take my situation as the way things are done full stop, because believe me there are many different issues to applying. I applied for a PMV class 300

Good luck

__________________
i wish to see the smiles of loved ones reunited after months of waiting, god bless you all


Last edited by louiseb; 01-05-2013 at 08:25 AM.

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