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Help/support/advice on NEW case/file not yet started


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  #1 (permalink)  
Old 08-31-2012, 04:25 AM
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Help/support/advice on NEW case/file not yet started

Hi,

We are both finding it very hard finding relevant information anywhere, and when we do they want us to pay for the answer.
Immigration has also been reluctant to help with our queries.

I have a few questions regarding the defacto process.
My partner and I have been in a relationship for 8 months now and have decided we will be filing for defacto.

If anyone could help answer them it would be greatly appreciated.

I am from the UK and my partner is from NZ.

- Are we eligible for the defacto visa in AUS?

- I am currently on my 2nd years working holiday visa, do I need to leave the country before applying for a defacto?

- As mentioned, we have been in a relationship for 8 months - monogamous (8 months is from the day we 1st met in person - we had met on the internet 2 weeks prior to this). I moved in with him in March, (lived together 6 months now) my question is, do we count the 12 months relationship from the day we met on line? The day me met in person, or the day we moved in together?

- The above question; if the answer is "it depends how far back we can show evidence"
*I have bank statements showing dates we had in his neighbourhood.
*I have texts from the day we 1st met; emails dating back to march.
*I have bank statement showing rent and bills paid in to his account from March (which is when I moved in)
*we opened a bank account together 2 months ago
*obviously photos and facebook too
Unfortunately I am NOT on his rent book/lease and this is only because he has not had his rental agreement renewed in a while and we were concerned that if we advised them that I now live there the rent would increase.

- We understand everyone is different, but on average how much will the WHOLE processes cost us?
And
On average how long does the process take?

- Once we have applied, what do I do in terms of my current visa? (Working holiday visa subclass 417 which expires in June 2013)
Would I still be bound by that visa until we get a response on the defacto?
Or
Do I go on to a bridging visa?
If I stay on the same visa until we get an outcome I know the visa entitlements, however, if itís a bridging visa, what are my entitlements then?
i.e.
* working rights?
*Leaving the country for a holiday? Etc

-When would you suggest we start the process?
For example, when do we start the forms, medical examinations, letters, police checks etc?

ALL and or ANY help, support, tips and advice will be greatly appreciated.

Thank you

Johannes and Jonny


  #2 (permalink)  
Old 08-31-2012, 04:49 AM
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Hi! Heaps of questions there, and while I don't have the answer to every question, I'll try to answer those that I do have the answer to.

Are we eligible for the defacto visa in AUS? --> As long as one of you is an Aus PR/citizen, and currently living/working in Aus, yes you can apply for a partner visa.

do I need to leave the country before applying for a defacto? --> No you do not have to leave. Once your application is submitted, a bridging visa will be given once your WHV expires. And if you do apply in Aus, that will be considered an onshore application (subclass 820).

do we count the 12 months relationship from the day we met on line? --> For defacto, the 12 month timeline starts from when both of you made the decision to commit your lives together, and that means cohabitation.

if it’s a bridging visa, what are my entitlements then?
--> It will have the same work rights conditions as your WHV.

When would you suggest we start the process? --> Personally, I think if you want to apply asap, register your r/s in the same state where you are/your partner is now in. That will waive the 12 month requirement. Otherwise, wait till your cohabitation hits the 12 month mark before applying.

Don't start the medicals/police checks until your application is good to go as those have an expiry date! Biggest tip for you would be to read the partner visa booklet end-to-end as they actually contain a lot of vital information there, including the type of evidences/documentation that you need to gather.

It took me 2 years to research and prepare my application!

We understand everyone is different, but on average how much will the WHOLE processes cost us?
--> Oh wow I cannot put a definite number to this but as of now the visa application itself costs AUD3,060 and the medicals are AUD300+ I'd say, set aside AUD3,500 minimum and have a buffer of AUD1000 for miscellaneous costs. I spent a lot more than that because of freight costs.

On average how long does the process take? --> Onshore applications take a lot longer than offshore ones. In my case, I have to wait up to 12 months


Last edited by Miss Swan; 08-31-2012 at 04:52 AM.

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Old 08-31-2012, 05:19 AM
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Thank you so much for taking the time to respond.
Can I just ask you some questions which thread off your answers.

Are we eligible for the defacto visa in AUS? --> As long as one of you is an Aus PR/citizen, and currently living/working in Aus, yes you can apply for a partner visa.

He is from NZ.
Excuse my ignorance but I guess this means we're good?

When would you suggest we start the process? --> Personally, I think if you want to apply asap, register your r/s in the same state where you are/your partner is now in. That will waive the 12 month requirement. Otherwise, wait till your cohabitation hits the 12 month mark before applying.

Your answer to this got me excited... Hehehe
However, I don't quite understand it?
What do you mean by register our relationship status and that would waive the 12 month process?
How would we go about this?
And if that is the case it would mean we can apply now right?

Ps. Just downloaded and printed the booklet.

Thank you once again.


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  #4 (permalink)  
Old 08-31-2012, 07:07 AM
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Apparently, yes you can apply for the visa in Aus

It states on the first page of the Sponsor's form (Form 40SP):

If you wish to sponsor a fiancé(e) or partner to enter or remain in Australia:
• you must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen


Which Aus state are the both of you at right now? This is a recent legislation that officiated in July 2010. Each Aus state has a registry of births, deaths and marriages. This law provides legal recognition of a couple's relationship. The procedures in each state may differ, but you can have a read here for some reference.

Technically you can apply anytime, but of course the big question is, are all your documentations ready? Partner visa applications do not involve simply filling up forms, copying some papers and ta-dah, off they go! There is a lot of organisational work involved. Took me quite a while to compile mine..!

For e.g., you need important papers certified; you need to register your relationship and obtain a certificate for it which will take I-dunno-when and then get that cert certified; you have to collect statutory declarations from friends/relatives; you need to obtain your partner's income tax records; both of you need to write a history of the relationship from either perspective - the list goes on.

But for starters, go through the booklet. It is a wealth of information

All the best!


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Old 08-31-2012, 07:38 AM
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Hi Johannes & Jonny,

It might actually be trickier than we all first thought, because your partner doesn't just have to be an NZ citizen, he has to be an eligible NZ citizen, and in order to be eligible he must have arrived in Australia to live before 2001.

See this definition on pg.4 of the Partner Migration Booklet:

Quote:
Eligible New Zealand citizen

An eligible New Zealand citizen is a person who at the time of last entry to Australia would have met health and character checks and:
  • held a Special Category (subclass 444) visa on 26 February 2001; or
  • held a Special Category (subclass 444) visa that was in force for at least
    one year in the 2 years before 26 February 2001; or
  • has a certificate, issued under the Social Security Act 1991, that states
    the citizen, for the purposes of the Social Security Act 1991, was residing
    in Australia on a particular date (note that Centrelink stopped accepting
    applications for these certifi cates in February 2004).
If he's not an eligible NZ citizen, you guys can still apply for the 461 visa, which is "NZ citizen family relationship" visa. You would still need to prove that you're de facto, and it might be a very good idea to register your relationship. This visa is temporary, given for five years, and while it can be renewed it doesn't have a pathway to permanent residence for you.

If he's not an eligible NZ citizen, the other thing he could do is actually become an Australian permanent resident, and then you'd have access to the Australian partner visa options again.

Since your WHV is until next June, amost a year away, it might be a very good idea to put more time behind your relationship before you apply for any visa, whether you register or not. It just makes your case a lot stronger and harder to turn down. There are stories where people who have been together for less than 12 months still get rejected on the basis that theirs isn't a de facto relationship (for lack of time and other reasons) despite having registered the relationship.


  #6 (permalink)  
Old 08-31-2012, 09:15 AM
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Wow.
This is quite overwhelming.
More complicate than I originally thought...


  #7 (permalink)  
Old 08-31-2012, 09:23 AM
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Quote:
Originally Posted by Johannes&Jonny View Post
Wow.
This is quite overwhelming.
More complicate than I originally thought...
Yep, that's what we all say when we first start out researching this process. Nobody knows how complicated the whole process is until they actually begin, and it is quite overwhelming, especially at first.

But the Partner Migration Booklet is definitely the first and best place to start, and make sure you read all the definitions and every page, because it holds quite a few insights. And then we on the forum are always ready to help with anything that's not clear


  #8 (permalink)  
Old 08-31-2012, 09:32 AM
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Didn't think our friendships would blossom this fast (lol)
Thank u so much for your MSGs guys&girls.
Means a lot.
Will be reading the booklet tonight together.


  #9 (permalink)  
Old 09-11-2012, 10:59 PM
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Hi Guys,
We've tried researching more in to this but everyone seems to want payment!?

Would anyone know if my partner an I would be able to do defacto if he arrived in Australia after 2001?


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