Problems with converting student in De Facto Visa?

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Problems with converting student in De Facto Visa?

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  #1 (permalink)  
Old 04-10-2012, 05:29 PM
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Join Date: Mar 2012
Posts: 6
Users Flag! From germany

Problems with converting student in De Facto Visa?

Hey there, once again

My partner is Australian and because of some unlucky circumstances we are not able to apply for the De Facto Visa, before the course in university starts, I intend to study.
That's why I want to get a student Visa now......I do not want to stay on a student Visa, though, since I want to stay with my partner in Australia and the working limitations are quiet annoying.
So, the plan was to apply for a De Facto Visa after approximately 6 months. Since the Visa conditions in the student Visa say, that this is a `temporary `Visa and that the applicant should NOT have the intentions to stay permanently in Australia, I am a bit worried, that this is going to cause problems in the process of my De Facto visa....
Does anyone have experiences with a similar situation or any advice or suggestions for me??
Would it help to marry?
Thanks for helping me

Last edited by masterofdisaster; 04-10-2012 at 06:07 PM.

  #2 (permalink)  
Old 04-10-2012, 11:28 PM
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Join Date: Aug 2011
Posts: 530
Users Flag! From australia

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As long as your student visa does not have a no further stay condition you can apply for defacto visa onshore.

When you apply for the defacto visa will you have fulfilled the 12 month relationship requirement? Generally you should have been living together for 12months before applying for defacto. Also when you apply for defacto visa you will get a bridging visa but this does not come into effect until your student visa expires so you still have to fulfill the conditions of your student visa. Once your student visa expires your bridging visa will kick in but it will have the same work conditions as your student visa. You can have request to have the work conditions removed from the bridging visa but you have to prove financial hardship.

Getting married won't help other than you don't have to prove the 12 month defacto requirement but the process is just as long and stressful so I don't see it helping you at all.

I think your only option at this point is to stick with the student visa and then apply for defacto when you have fulfilled the 12 month defacto requirement.

Whatnext: Australian Sponsor
Husband Brazilian

  #3 (permalink)  
Old 04-11-2012, 10:25 AM
Active Member
Join Date: Mar 2012
Posts: 6
Users Flag! From germany

Hi thanks for you answer

I have not applied for a student Visa, yet, since I am just considering options. But I am not quiet sure, how I am able to get a Student Visa with nor further stay condition? I can just see Student Visas with further stay condition....
Also, do you reckon it is possible to cancel the student visa after 6 months and get a de facto visa instead??? Since study fees are going to be a lot cheaper, once my permanent residency is going to kick in.....(and I am intending to study for 3 to 4 years....would make a huge difference...)

There are various problems with my de facto Visa at the moment.
If applying for one, I would jsut be able to start my studies in ajnurary (with my fond and application, it's kjust too late to all get organised in 2 months.)
But I am worried if I apply for a De facto Visa now, that it won't get granted.....
Maybe i can quickly tell you the story of me and my bf.....
we're going out for 1 1/2 years now, we got to know us at a worklpace (no evidence of shared room, just evidence that we both worked there), the we moved for 3 weeks to his parents house, after that he moved to an island and I followed him 2 weeks later, we lived there for nearly 3 months in an appartment together (once again no evidence, since accommodation was provided by worklpace, although they could probably write a statement).
After that i went back to germany for 2 months to do an internship.
After returning to Australia I was working for 3 months on a farm to obtain my 2nd Yr Visa (my bf was working FiFo, so one week on, one week off) his week off we always spend together and most of the time he lived with me on the farm, the ppl there cpuld probably write a statement about that as well (but not sure, whether that is counted in the 12 months anyays).
after that we moved for 6 weeks in a sharehouse together (no evidence once again), where he still was on a FiFo roster.
After a holiday, we moved to another city and stayed for 4 weeks at his brothers house (no evidence), then we moved into our own place (YES finally evidence) for 3 months.
then I went back to Germany for a uni preparatory course and to prepare the move, I am here now for 2 months and probably gonna go back to Aus in a month.
We could wait til the end of september to apply which would give us another 3 months, however we are going to move again, which makes evidence a bit hard again.
Soooo if I calculate all the times we lived together it would come up to 12 months, however for most of the places I don't have evidence (other than photos, receits, payslips etc.) and we had two periods of longer separation, first 2 months and now 3 months (but for education purposes, obviously).
Now I am not sure, whether after I come back to australia we have to start counting again......which would eb a bit of a problem, since my Visa runs out in October :S
Sorry for the length of my thread.....just too many things

I hope you know some advice!

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  #4 (permalink)  
Old 04-11-2012, 11:10 AM
Senior Member
Join Date: Aug 2011
Posts: 530
Users Flag! From australia

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You don't want a visa with no further stay. This means you can't apply for any other visa while you are in Australia. From what I understand most student visa's don't have this so it's ok.

If you cancel the student visa after you apply for defacto visa you will be put on bridging visa e which means no work and no overseas travel at all. Not a good bridging visa to be on.

When you lived in all those places did you both receive mail there? Does your payslips or bank statements show these addresses? You can use that for evidence. If you don't have that kind of evidence then you shouldn't apply until you have at least a few months worth.

What state will you be living in? Some states allow you to register your relationship with the state and this can waive the 12 month requirement.

You would have to pay international student fees until PR which is 2 years from the date of your defacto application so at least for the next 2 years you will be paying those fees even when your temporary part of defacto visa is approved.

Whatnext: Australian Sponsor
Husband Brazilian

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