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Discussion Starter · #1 ·
Hi there, sorry to have a first post asking for help, I'm sure I'm not the first on a board like this but I know it's normally a bit naughty.

So, apologies for that, but I haven't had any luck finding an answer to my quite specific questions, and the immigration website isn't great for hypotheticals.

With that in mind, here it goes :)

I have been with my girlfriend for 2 years. She is 25 yo Chinese, I am 26 yo British. I am living in her home town now in China, and she/we are going to Victoria in July. She will study a 2 year course, which allows her to stay on etc.

Now, I was in Australia for a year on a WHV, and got my second year requirement (88 days regional) signed and complete.

We could prove defacto in July, but it will be harder, especially having to do things from China (which is incredibly inconvenient for everything, trust me on that).

Now, I have two questions which should hopefully be very easy to answer for somebody on this board :)o)...

1) If I am 'de-facto' on her student visa, am I limited to the same work limits as she is (40 hours/fortnight during term) or can I work full time?

2) Can I declare de facto at any time, or do we have to declare at the same time? That is to say, could I do 1 year on WHV visa first (paying bills together and generally making it very easy to prove de facto) and then join her on her student visa/get a partner visa. Especially important if my hours would be limited while on her visa...

Thanks in advance for any help,

Richard
 

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Does she already have her student visa? If she does and she didn't declare you her de facto partner on that application it doesn't look to me like she can add you later.

From: How to Apply for Dependant Family Members to Join You

You can apply for eligible family members to come to Australia as dependants in one of two ways:

-by including them in your student visa application
-by applying for them to join you after you have started your course in Australia.

Important: You must declare all family members on your application, even if they do not plan to travel with you to Australia. If you do not do this, your family members will not be eligible to apply to join you after you have started your course in Australia.
 

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In other words - if she DID declare you her de facto partner when she applied for her student visa, whether you were intending to migrate or not at that time, she could add you as a dependent on her student visa at any time - including towards the end of your WHV when you've had more of a chance to collect evidence. But if she's already got the visa and didn't declare you, I'm not sure that's something you can undo - you'd need to talk to a migration agent.

Also, you won't qualify for an actual partner visa. Only Australian Permanent Residents and Citizens can sponsor for partner visas.
 

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Discussion Starter · #4 ·
Collegegirl, thank you very much for the heads up.

The application hasn't started yet, so it's not a problem to be included in to it.

My Indian friend went from studying with his wife as dependent, to sponsored employment at the company I worked at (where I met him), and then they both got a PR (assuming he completes the 2 years with his company).

He was the one that first told me about the de facto relationship, as well as the possibility that I would be similarly capped to 40 hours/fortnight.

Thanks for that information regarding getting named on the original application, I'll be sure to do that :D
 

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Have you looked at the visa obligations on the DIBP website? It should specify the work entitlement for the study visa as it relates to family members there. For example, if it's a 573 visa, the DIBP website says:

"Your dependent family members must maintain their visa conditions. A breach of these conditions may result in your visa being cancelled and you may have to leave Australia.

Your family members must:

•remain a member of your family for the duration of their stay in Australia
•have adequate financial support
•maintain adequate health cover
•work no more than 40 hours per fortnight, unless you have commenced a postgraduate degree (Masters or PhD), in which case your dependent family members can work unlimited hours
•attend school if they are of school age."
 

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Discussion Starter · #6 ·
MaggieMay, thanks a lot for that information;

"work no more than 40 hours per fortnight, unless you have commenced a postgraduate degree (Masters or PhD), in which case your dependent family members can work unlimited hours"

Which seems to imply I can work unlimited hours straight away...

:D

So, then it just comes down to whether to declare de facto straight away, or wait for my first year of WHV to be finished... and then declare it?

We have plenty of proof of relationship (pictures, friends, emails, money transfers even)... but we haven't really lived with each other. We traveled for 3 months this summer (I mostly paid), and I have had an apartment in her home town for one year and 2 months from the date she will enter Australia (not including the 3 months travelling together... almost entirely cash transactions).

She has spent a lot of time with me, and stayed most nights, and also arranged most things (due to Chinese language etc). But I still worry it would be hard to prove.

The WHV visa is incredibly easy for me to get (one email with scans, and a fee), but limits my employment to 6 months at a single entity. Whilst I like change, that might harm my employment options... especially as I want to go in to sheep shearing (no, I'm not -that- deluded. Some experience in WA made me want to give it a proper go) which may not have too many employers in an area...

.... although VIC is full of sheep, so one change after 6 months should still be fine.

After that one year with us clearly living together and sharing bills in Vic, it should be a cinch to get de facto proved, right?

:D
 

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I'm confused. Your partner HAS to declare you her de facto partner when applying for her student visa. You can't wait for your WHV to be finished. If you tried to get added to her student visa as a dependent later, claiming you'd been de facto since before she applied for her visa, you couldn't be added, as I showed you above.
 

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Discussion Starter · #8 ·
Oh, sorry.

I thought you meant that I had to be named on her application initially (as de facto partner), but could actually prove it and join her later?

College Girl said:
In other words - if she DID declare you her de facto partner when she applied for her student visa, whether you were intending to migrate or not at that time, she could add you as a dependent on her student visa at any time - including towards the end of your WHV when you've had more of a chance to collect evidence. But if she's already got the visa and didn't declare you, I'm not sure that's something you can undo - you'd need to talk to a migration agent.
From that post I assumed you meant that as long as I get named on her application for student visa, I can go through the de facto process at a later juncture.

Perhaps that is wishful thinking. We are already in theory possible to prove de facto, it would just be much more difficult than after a year in living together in Melbourne.
 

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Oh, I understand what you're planning to do now. You might want to check with a migration agent (Maybe post on "Ask Mark" at the top of the forum) and just make sure that would be okay.
 
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