574 Postgraduate Research Visa - De Facto Partner

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574 Postgraduate Research Visa - De Facto Partner


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  #1 (permalink)  
Old 06-22-2012, 05:18 PM
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574 Postgraduate Research Visa - De Facto Partner

Hello,

There are lots of posts in the forum about proving de facto relationship status, but it seems every case is different. Here is mine...

I am starting a PhD program (with funding from the university) in Sydney next month. I have applied for the 574 Postgraduate Research Visa with my partner (also a Canadian citizen) as a dependent co-applicant. She will not be studying in Australia, but will need to have the right to work full-time.

We have been together since 2007 and have lived together since January 2011. Like most couples, we never really made an active effort to document our relationship; however, I believe that we have gathered enough proof...

In addition to 4 years of OSHC coverage purchased (went the cheapest route with NIB) and a medical/x-ray, we have submitted the following:

- Lease July 2011 - July 2012 signed by both of us
- Passport scans showing travel abroad together in 2009
- Mail (pay stubs and government documents) and drivers license showing we lived together at another address Jan - June 2011.
- A small selection of photos of us together in every year since 2007
- Evidence that she is the sole beneficiary of my life insurance plan
- Evidence that she is covered as a common-law partner on my current extended medical and dental insurance
- Canadian and Québec income taxes filed as common-law partners for the 2011 financial year (we filed a bit late so I am not expecting a return for at least a month)
- about a dozen declarations from family and friends attesting that we've been together since 2007 and have lived together since Jan. 2011 (albeit not signed by notaries/lawyers)

(The old lease was under her name only and is in French only so I'd like to avoid submitting it as proof we lived at our former address because of possible translation head- and wallet-aches.)

The question that is haunting my every waking hour is: Will this be enough for them?

Another question is: how long should this take? We submitted everything (including medical results) within 7 days of the initial application filing.

My concern really stems from the lack of financial proof we have. We share expenses, but don't really pay from the same account. We actually have a joint account since about 5 months, but we never really got around to using it regularly. Should we submit this?

Thanks for any feedback/advice you may have!


Last edited by tomatessechees; 06-22-2012 at 05:23 PM. Reason: grammatical error

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Old 06-23-2012, 05:44 AM
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I think you have provided enough information but I would also provide the bank statements (are they more than 1year?). You are applying for a temporary visa, not permanent so I don't think they tend to be as strict with the requirements.

I don't know alot about the 574 as you probably read on the immigration website it states that your dependent family members can work up to 40 hours per fortnight from the commencement of your course.

The website also states for you (the applicant)
•If you are a subclass 574 (Postgraduate research sector) student visa holder and you have commenced your masters by research or doctorate course in Australia, you have unlimited work rights.

And then I read a bit further and found this:
Dependent family members.
•can work up to 40 hours per fortnight at all times
•must not start work until the primary visa holder has commenced the course in Australia
have unlimited work rights if the primary visa holder has commenced a course towards a masters or doctorate degree and hold a subclass 573 (Higher education sector), 574 (Postgraduate research sector) or 576 (AusAID/Defence sector) student visa.
So if this applies to you then it looks like your partner can work full time. If not - only 40 hours per fortnight. I would double check all of this with immigration.


Last edited by russellie; 06-23-2012 at 05:47 AM.

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Old 06-23-2012, 07:04 AM
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Hi,

I also think you provided enough evidence. In general, they are not strict when both applicants will be temporary residents in Australia.

Back at uni, I met someone on a 574 from bangladesh who applied for his visa, entered australia, and later decided to include his wife. It took quite a while for him because of not nominating her in the first application. Still he made it at the end. I know this story because i sold all my furniture to that person . Anyway, that is not your case.

And one more thing: Yes, she will have full work rights. All the partners of foreign students, regardless of the degree, have full work rights. You will have your own 20 hours for work. However, those university scholarship contracts limit you to 8 hours of work.


Last edited by amonsalve; 06-23-2012 at 07:28 AM.

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Old 06-23-2012, 08:41 AM
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I don't think that it is true that all dependent family members can work unlimited amonsalve. As you can read from what I posted from immigration:

Dependent family members.
•can work up to 40 hours per fortnight at all times
•must not start work until the primary visa holder has commenced the course in Australia
•have unlimited work rights if the primary visa holder has commenced a course towards a masters or doctorate degree and hold a subclass 573 (Higher education sector), 574 (Postgraduate research sector) or 576 (AusAID/Defence sector) student visa.

So this indicates that dependent family members can only work 40 hours/fortnight unless their partner (main applicant) is holding one the above visas.


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Old 06-23-2012, 09:21 AM
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Quote:
Originally Posted by russellie View Post
I don't think that it is true that all dependent family members can work unlimited amonsalve. As you can read from what I posted from immigration:

Dependent family members.
•can work up to 40 hours per fortnight at all times
•must not start work until the primary visa holder has commenced the course in Australia
•have unlimited work rights if the primary visa holder has commenced a course towards a masters or doctorate degree and hold a subclass 573 (Higher education sector), 574 (Postgraduate research sector) or 576 (AusAID/Defence sector) student visa.

So this indicates that dependent family members can only work 40 hours/fortnight unless their partner (main applicant) is holding one the above visas.
Hey Russellie,

The third clause that you posted explains all. The dependants can work unlimited.

I was at uni until very recently and I can tell you that is very well known among international students (and used too) that the partner can work as much as they want.

Now, the first clause is excluding those who study TAFE and english as secondary language. Well, I know these TAFE kids, those guys almost never have a settled partner. They are 18-19 year old. The majority of them end up having their first date with a school mate.

In any case, the relevant clause for our canadian researcher is the last one. So, yes, his partner could work unlimited


Last edited by amonsalve; 06-23-2012 at 09:57 AM.

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Old 06-23-2012, 09:58 AM
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In regards to university study, the requirements indicate only for a masters or doctorate degree. Many people who come to Australia do short courses, tafe courses and bachelor's degrees and their dependents cannot work full time.

And perhaps your tafe was only for 18 and 19 year olds but most tafes accept mature age students with partners.


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Old 06-23-2012, 10:47 AM
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Quote:
Originally Posted by russellie View Post
In regards to university study, the requirements indicate only for a masters or doctorate degree. Many people who come to Australia do short courses, tafe courses and bachelor's degrees and their dependents cannot work full time.

And perhaps your tafe was only for 18 and 19 year olds but most tafes accept mature age students with partners.
The important point here is to guide tomatessechees properly. His partner would be able work unlimited. And that is the only relevant message.


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Old 06-23-2012, 11:06 AM
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And it is important not to give incorrect information to other people who may read this thread.


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Old 06-23-2012, 09:09 PM
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Thanks all for the info. Much appreciated!

Just to be clear: I fully understand the details of the 574 visa. The question is whether or not the info we've submitted is enough for them to accept us as ``de facto`` partners.

I`ve chosen to apply in Australia based on the 574 visa and its work rights for partners.

Anyway, cheers from Montréal! I'd be happy to hear of any other advice people have and any feedback from those who have been in a similar situation.

Thanks!


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Old 06-23-2012, 09:21 PM
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Quote:
Originally Posted by russellie View Post
I think you have provided enough information but I would also provide the bank statements (are they more than 1year?). You are applying for a temporary visa, not permanent so I don't think they tend to be as strict with the requirements.
.
The statements are since February and we only used the card about 10 times to buy groceries. We had the idea to open a joint account, but finally it'S just easier to reimburse each other if one person buys way more groceries than the other. We share expenses in a very informal way (like quite a lot of young couples, I think) and primarily use our own accounts.


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