Partner Visa: Onshore Temporary and Permanent- Help/Need insight <3 kate - Page 3

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Like Tree9Likes

Partner Visa: Onshore Temporary and Permanent- Help/Need insight <3 kate - Page 3


Closed Thread
 
LinkBack Thread Tools
  #21 (permalink)  
Old 01-11-2012, 11:01 PM
Senior Member
 
Join Date: Aug 2011
Posts: 530
Users Flag! From australia

68 likes received
Kate

I just wanted to say that I understand that you are very frustrated and really don't have that many options which is disheartening and scary for you when all you wanna do is be with the man you love.

The advice you get on here is from people who have been through the experience or have learnt through others experience on here. The information I provide is information taken from immigration and the advice I provide is based on my experience and others experience. Having been on this forum for many months you see all sorts of situations. If you want more official advice about the exceptions of the 12 month living requirement I suggest you consult a migration agent.

This experience is extremely frustrating for everyone, some more than others, but we are in the same boat, or have been, and just want to be with the ones we love.

I'm afraid we often get advice on here that we don't wanna hear because it may not be as positive as we like but everyone is just trying to give realistic advice and save you some added stress down the road.

If you go ahead with the defacto application you may well be approved, each case is different, but we are trying to warn you of the pitfalls and suggest different options based on what we've seen before from people in similar situations. But you always have to back this up with your own research and judgement.

I hope everything works out for you. All the best

__________________
Whatnext: Australian Sponsor
Husband Brazilian

  #22 (permalink)  
Old 01-11-2012, 11:59 PM
Active Member
 
Join Date: Jan 2012
Posts: 15
Users Flag! From australia

5 likes given
Quote:
Originally Posted by whatnext View Post
Kate

I just wanted to say that I understand that you are very frustrated and really don't have that many options which is disheartening and scary for you when all you wanna do is be with the man you love.

The advice you get on here is from people who have been through the experience or have learnt through others experience on here. The information I provide is information taken from immigration and the advice I provide is based on my experience and others experience. Having been on this forum for many months you see all sorts of situations. If you want more official advice about the exceptions of the 12 month living requirement I suggest you consult a migration agent.

This experience is extremely frustrating for everyone, some more than others, but we are in the same boat, or have been, and just want to be with the ones we love.

I'm afraid we often get advice on here that we don't wanna hear because it may not be as positive as we like but everyone is just trying to give realistic advice and save you some added stress down the road.

If you go ahead with the defacto application you may well be approved, each case is different, but we are trying to warn you of the pitfalls and suggest different options based on what we've seen before from people in similar situations. But you always have to back this up with your own research and judgement.

I hope everything works out for you. All the best
Aww this is beautifuly written and brings a smile to my face

May i ask you one question whatnext, you stated earlier in the thread:

"You can apply for the defacto visa after 6 months of living together but I'm afraid you would still be falling short."

You can apply for defacto with proof of 6 months living together?

Again thank you for your wise words

Kate & Max


  #23 (permalink)  
Old 01-12-2012, 12:51 AM
Senior Member
 
Join Date: Aug 2011
Posts: 530
Users Flag! From australia

68 likes received
Hi Kate

You can apply anytime. If you apply in person and someone checks the application before you pay the fee and they find you don't meet the requirements they would probably tell you on the spot which would save you the fee. If you apply by post you have to supply payment details with the application so it may go through payment and then someone checks it. If they do not approve the visa you lose the application fee.

Call immigration and ask them if it's possible to apply in person at your immigration office. That way when your ready to apply you can have someone look over your application before you pay the fee.

kateandmax likes this.
__________________
Whatnext: Australian Sponsor
Husband Brazilian

Sponsored Links
Advertisement
 
  #24 (permalink)  
Old 01-12-2012, 01:50 AM
bma bma is offline
Senior Member
 
Join Date: Sep 2011
Location: NSW
Posts: 440
Users Flag! From australia

100 likes received
641 likes given
Quote:
Originally Posted by kateandmax View Post
gonna be hard to get by with just my income but if more proof of living together is needed then so be it
Hi Kate and Max,
I think you are forgetting something very important about the ETA visa. You keep mentioning he could be extending his ETA visa... but ETA is valid for 12 months anyway. The thing is that a holder needs to leave Australia every three months - maximum length of each visit is three months.

You mentioned Max already has his ETA visa and he's flying to Australia in February. When was his ETA issued??? The thing is that ETA is valid for multiple visits within 12 months from date of issue, that means he will have his ETA for less than a year ( a year minus the days, running from the date of ETA issue).

Another thing are the exits, he needs to leave Australia before three months expire on each visit. You mentioned that you worry about the finances and the income and that you live in Brisbane. Well, I happen to live nearby and Brisbane is my home airport, besides I have a hubby who's on eVisitor (the same conditions as ETA).
The cheapest flights out of the country from Brisbane are $150 ONE way to Christchurch, NZ, and Max needs to stay out of Australia for three business days every time he leaves. That means at least $300 - 400 only for a plane ticket, and of course he also needs to pay a hotel, food, taxi, etc...
The other (the only other) destination to go is Bali; the cheapest flights cost $600 return through Kuala Lumpur (Air Asia) and they are practically sold out. Max is coming to Australia in February, that means he will need to leave Australia for 3 business days in May, and based on the current ticket prices, he would be really lucky to get a ticket to Bali for less than $900 return in that period.

So he has two options: New Zealand or Bali. There's also a third closest option: Fiji, but that's much more expensive.

Max needs to leave Australia every three months, until his ETA expires, and although he won't be in Australia for a full year (cause his ETA is already running), he will have to leave and re-enter Australia at least twice. If he goes to NZ, it's at least $700 only for plane tickets and if goes to Bali, it's at least $1600, 1700 based on current prices.

About visa possibilities...

You've been given an amazing response from people of this forum and good advices. We are all in the same boat, we all want our dear ones to stay with us instead of wait for their visas in Europe or wherever. All the advices were written with one intention only: to help you (with their experience). And I know it's difficult to read something you don't want to read... but look at it from another perspective... Max is still in the UK, you still haven't made the wrong choice, you can still research things thoroughly... The choice of course is yours...

If you check previous threads, you'll find plenty of posts from people in de-facto relationships who were denied because they couldn't provide evidence for every month of their 12-month relationship. Yes, legally you don't have to actually live together, but the only successful case of the de-facto relationship (and not living together) that I'm aware of was won with the help of the migration agent. And that costs, approximately at least $2000 (on top of $3000 for 820 visa).

Why don't you get an advice from a really good migration agent? You'll find the names in some of the posts, just browse the posts... Do it now, before Max leaves UK and things can still be done the right way...

In general, people who have given you advices are spending hours and hours on the forums, many have lodged their partner visas and my opinion is they gave you a good advice. Don't go for the de-facto 820 now, cause he'll get refused. You need to have evidence (good evidence) for every month for one year prior to the application. Being "white" does help, but there are many white people from the UK who have been kicked out of Australia for not respecting visa rules, there are many respectable whites who have studied in Australia for years and are not allowed to stay after the graduation, even my mates went back to England cause they couldn't get a permanent residence; and another English mate can't get even a tourist visa anymore... Let's face it, being English helps, but rules are rules and I'm sure the case officer will respect them and will not approve your visa unless all the evidence is there...

I know you're young, but perhaps think about getting married. I'd advise you file for a prospective marriage visa; you don't need a lot of evidence, but you must file an application for a real partner visa in the following 9 months (collecting evidence about your relationship is crucial) and get married.

Good luck.

Bear and markmc like this.

  #25 (permalink)  
Old 01-12-2012, 02:32 PM
Active Member
 
Join Date: Jan 2012
Posts: 15
Users Flag! From australia

5 likes given
OK dma thank you.

and everyone that has contributed.

Thanks to the website me and max believe the best route is for him to come here and live with me sort our assets get back in touch with each other and then once his ETA is up

Max is going to go New Zealand on a working VISA and keep his money topped up rather than sit idle on a ETA and come back, in New Zealand Me and Max are going to file for a Prospectie marriage VISA and he will wait in NZ for it to be approved and fly over for visits when he can

This is fate i believe it is fate because one of Max's friends from his home town is actually in NZ at this current time!

So im trying to figure out if there could be any complications with this, my minds at ease and we're both happy and positive at the moment

Thank you everyone so far for your contributions x

Kate


  #26 (permalink)  
Old 01-12-2012, 02:55 PM
Senior Member
 
Join Date: Aug 2011
Posts: 530
Users Flag! From australia

68 likes received
Kate

I think that's a great plan an it adds another dimension to your relationship which is great and as women I know we dream of the dream wedding but at the end of the day it's about the man tour standing next to not the flowers, dress or decorations. My husband and I had a very simple and intimate wedding with just is and 15 close friends and family and it was perfect.

And you may get a trip or two to NZ out of it. It will be hard being apart for some time but once your PMV is approved you wont have to worry about that. I'm happy you found a solution!!!

kateandmax likes this.
__________________
Whatnext: Australian Sponsor
Husband Brazilian

  #27 (permalink)  
Old 01-12-2012, 03:13 PM
Active Member
 
Join Date: Jan 2012
Posts: 15
Users Flag! From australia

5 likes given
Quote:
Originally Posted by whatnext View Post
Kate

I think that's a great plan an it adds another dimension to your relationship which is great and as women I know we dream of the dream wedding but at the end of the day it's about the man tour standing next to not the flowers, dress or decorations. My husband and I had a very simple and intimate wedding with just is and 15 close friends and family and it was perfect.

And you may get a trip or two to NZ out of it. It will be hard being apart for some time but once your PMV is approved you wont have to worry about that. I'm happy you found a solution!!!
Love this :')

Tell me more about what happened with your VISA and you and your husbands experience on the migration

Kate


  #28 (permalink)  
Old 01-12-2012, 04:31 PM
Senior Member
 
Join Date: Aug 2011
Posts: 530
Users Flag! From australia

68 likes received
My husband is from brazil and he was here on a student visa when I met him in 2010. Due to his study and work commitments we had a fairly casual relationship until the end of 2010. We decided to move into together. Everything happened very quickly and we decided to get married. We knew we wanted to be together and although it was a risk we decided to jump in head first. Some of my friends were a bit skeptical because they thought it was too fast so we had to overcome a few hurdles there. We got married in April 2011. My husband really didn't want to study anymore so we applied for a spouse visa in July 2012 and cancelled his student visa, which they never got around to doing. At that time we thought the processing time was about 8 months so we booked a honeymoon in Thailand for this February.

As time went on we were told the processing time was now 12 months and we realised he may not be able to travel to Thailand. We were still waiting for his student visa to be cancelled and due to red tape he couldn't leave the country during that time.

Just before Xmas we emailed his case officer for his student visa asking if there was any possibility that he might be able to travel because realistically the only way he could travel was if the spouse visa got approved. We had no reply so on Monday we prepared ourselves for the fact that there would be no honeymoon. On Tuesday we checked his visa status online and were shocked. The spouse visa had been approved!!! In the end it took less than 6 months and I like to think my nagging had something to do with it!!! Every chance I got I emailed our case officer with legitimate questions but not too much to piss her off.

I spent a long time on our application and made sure I covered as much as I could because I knew we may have been hindered by our short relationship and marriage is no guarantee to get an approved visa.

We are off to Thailand in 3 wks!!!

I think the most important thing is to have a well prepared application and to chase them up. Don't just sit back and wait for them to update you, often they don't at all, so call and email when you have a legitimate reasons.

__________________
Whatnext: Australian Sponsor
Husband Brazilian

Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Police Clearance for Temporary and Permanent Residence kunalkunal Visas and immigration 2 09-05-2011 03:18 PM
Temporary & Permanent Partner Visa - which office processes it ? augenblick Visas and immigration 5 07-30-2011 02:36 AM
Onshore Temporary and Permanent (Subclasses 820 and 801) Renegade Visas and immigration 3 07-05-2011 04:26 AM
Tax - transition from temporary visa to Permanent residency for foreign incomes hmacon Business and investment 0 04-05-2011 12:11 PM
Questions about applying for a Partner Temporary/Permanent Visa Ashley125 Visas and immigration 6 08-10-2010 05:16 AM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 01:33 PM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com