Dependant of student visa holder - how to apply from outside Australia - Page 2

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Dependant of student visa holder - how to apply from outside Australia - Page 2


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  #11 (permalink)  
Old 01-09-2015, 11:47 AM
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Thank you CollegeGirl

I managed to speak to DIAC (it is so much easier to contact their European offices, it was great being able to speak to them!)

They confirmed he has to declare me as his de facto on his application and that I have to send a paper application to their office closest to me (Berlin) once his visa is approved. And they emailed me a list of documents I will need in order to lodge my application.

All sorted! And now it's time to put all that de facto evidence together.... yay

Thank you very much for your help!


  #12 (permalink)  
Old 01-11-2015, 01:17 PM
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Hi CollegeGirl,

I thought I posted a reply to this, not sure where it went!

Anyway, just to let you know, I managed to speak to the European office of DIAC and they confirmed that that is how it's done. He applies online declaring me as a de facto, his visa gets (hopefully) approved, I submit a paper application to their Berlin office. They have also emailed me a very useful list of everything I need to include in my application... exactly what I needed.

Also processing times are very good... 14 days for his then 14 days for me.... If it all goes well I'll be back 'home' in a month's time. If not, we'll take it from there. We'll try and stay positive.

Thank you for your help!


  #13 (permalink)  
Old 01-11-2015, 02:08 PM
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I'm really confused - Mark has confirmed for you on his Ask Mark! thread that what I said is the case - that you CAN'T be added AFTER his visa is granted. That's not how student visas work. If you're already in a relationship, you get added to his visa BEFORE it's granted. I would be really, really cautious with how you proceed - DIBP officers do give out incorrect advice at times and are not held accountable if they do.

This is the first time in the two years I've been reading this board that I've ever seen anyone say DIBP handle student visas differently in Europe. It's not impossible - I'm just saying you may want to get some confirmation before you proceed.

Best wishes!

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  #14 (permalink)  
Old 01-11-2015, 05:20 PM
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Thank you CollegeGirl,

I really appreciate your time and I do understand it all sounds a bit strange. Let me explain a little more...

We were originally going to apply for a 187 visa with a registered immigration agent. When it was almost time to apply the agent realised my partner was missing a qualification, so we could no longer apply. I had a ticket booked to go to Italy for Christmas because I thought (silly me) that i could just come back on a visitor visa. So I left Australia and my WH visa expired a couple of days ago.

The registered immigration agent said that the only way for us to stay in Oz was to do it on a student visa. A student visa applicant is entitled to bring their de facto partner.
He was the one who told me how we were going to apply... My partner was going to apply from Oz online declaring me as his de facto and I could then apply to join him from Italy by sending a paper application. I, like you, was a little skeptical, hence my question on this forum.

As you suggested I asked Mark what his opinion was and his answer was 'For student visas, adding a partner after the visa is granted is generally only allowed if the partner relationship began AFTER the date the visa was granted - if the partner relationship was in place as of the date the visa grant, the partner generally cannot be added to the visa later - it's a special requirement for student visas'

This is not what our agent said. So at this point it was an agent's word against an agent's word. However our agent knew our situation well and did some additional research (I guess).

This is when I called the DIAC European office. They confirmed that what my agent said was correct and I asked them to send me an email stating everything they said. they did, please find part of it below:

Student visas allow you to bring eligible family members to accompany you
to Australia, including:


- your partner, either married or de-facto (living together for +12 months)
- your dependent children


For more information on whom you can include in your application, please
see:
Bringing family


When making your application you must include details of any of your
immediate family members on the application form, regardless of whether
they intend to travel with you to Australia.


For accompanying family member you must provide documentary evidence of
their relationship with you, such as:


- a birth certificate listing your name as a parent
- a marriage certificate
- evidence that you have been living with your partner for more than 12
months immediately prior to making your application. For more information
see:
Fact Sheet 35 – One-Year Relationship Requirement for De Facto Partners

HOW TO OBTAIN A VISA FOR DEPENDENTS THAT WERE DECLARED OR DID NOT EXIST AT
THE TIME OF YOUR LAST VISA APPLICATION


If you have new dependents that did not exist at the time of your last
Student visa application (e.g. newly born children or a new partner), or
dependents that were declared
, you can apply to include them now on your
Student visa. Their application will be lodged at the nearest Immigration
Office of the dependent applicant and it will be assessed at the Assessment
level of the primary applicant.







This information is also on the main Immi website Bringing family

so, no the european office does not handle student visas differently.

because we decided to handle this ourselves and not pay a fee to have an immigration agent do it for us (we were happy for the agent to handle our permanent visa, but not really a student visa) i wanted a step by step procedure, which I now have in an email sent to me by DIAC.

I'm sure I can feel pretty confident, not that i will actually get the vis, but at least that I can apply...?

My current worry is our de facto evidence...


CollegeGirl, I do thank you and I hope I was clear enough as I have a mess (!) in my head. I'm finding this whole process incredibly stressful at times and reading of other people's experiences on this forum is helping a lot.


  #15 (permalink)  
Old 01-11-2015, 08:23 PM
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I think what may be confusing is the terminology you're using.

When your partner applies for his student visa, he will include you as his de facto partner. When his visa is approved, you also will be granted a visa. You don't apply separately or later. Your visas will be granted at the same time.

Whether the fact that he's in Australia and you're not changes the process slightly, I don't know. But for pretty much any application process, this is how it works.

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  #16 (permalink)  
Old 01-11-2015, 09:21 PM
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Maggie-May24 I can assure you that this is how it works, please, do click on this link, look at the application process and let me know what you think.

How to apply for dependant family members to join you

1 Student in Australia Completes the relevant parts of the following forms.
Form 919 - Nomination of student dependants (292KB PDF)
Form 157A - Application for a student visa (669KB PDF)
Note: Student must then send the forms to the family member outside Australia.

2 Family member outside Australia
Submits the completed forms and the documentation required to our nearest office overseas and pays the application fee.

3 Our office Informs the family member that:
further information is required
or
a decision has been made.


  #17 (permalink)  
Old 01-11-2015, 10:41 PM
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Quote:
Originally Posted by Erikaa View Post
Maggie-May24 I can assure you that this is how it works, please, do click on this link, look at the application process and let me know what you think.

How to apply for dependant family members to join you

1 Student in Australia Completes the relevant parts of the following forms.
Form 919 - Nomination of student dependants (292KB PDF)
Form 157A - Application for a student visa (669KB PDF)
Note: Student must then send the forms to the family member outside Australia.

2 Family member outside Australia
Submits the completed forms and the documentation required to our nearest office overseas and pays the application fee.

3 Our office Informs the family member that:
further information is required
or
a decision has been made.
Hi I have been following this with interest, my query is regarding your actual relationship, how will you be able to claim defacto status now, when at the time your partner applied for his visa he did not declare you as his defacto? Also seeing you are living in different countries it may be difficult to prove you are still in a defacto relationship ( unless you have only been separated for a short time)

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  #18 (permalink)  
Old 01-12-2015, 12:23 AM
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Erikaa, that appears to be the process if he's already got his visa. I assume there's a different process for him to simply include you as his partner when he applies?

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  #19 (permalink)  
Old 01-12-2015, 08:15 AM
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aussiesteve - He has not applied yet. We were in australia together for 2 years, I came home 3 weeks ago to be home for Christmas

MaggieMay - MaggieMay there isn't a simpler process, please trust me I would not be putting myself through this otherwise.
If I were in Australia on a substantive visa, then yes, he could just add me on his application. Since I am not, we have to apply twice.

From an email from a registered Immigration agent:

"I have been researching in the meantime as to whether or not you would be able to make a combined application with Silvano from Italy. Unfortunately, as you are outside of Australia you cannot do so. What is required is a separate Student visa application for you that will be made on the basis that you are a dependent family member."


  #20 (permalink)  
Old 01-12-2015, 08:33 AM
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Quote:
Originally Posted by Erikaa View Post
aussiesteve - He has not applied yet. We were in australia together for 2 years, I came home 3 weeks ago to be home for Christmas

MaggieMay - MaggieMay there isn't a simpler process, please trust me I would not be putting myself through this otherwise.
If I were in Australia on a substantive visa, then yes, he could just add me on his application. Since I am not, we have to apply twice.

From an email from a registered Immigration agent:

"I have been researching in the meantime as to whether or not you would be able to make a combined application with Silvano from Italy. Unfortunately, as you are outside of Australia you cannot do so. What is required is a separate Student visa application for you that will be made on the basis that you are a dependent family member."
Ok that makes it clearer, I will have a think :-)

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