WHV - De-Facto Visa?

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WHV - De-Facto Visa?


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Old 09-03-2012, 05:54 PM
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WHV - De-Facto Visa?

Hi Everyone!

I am planning on travelling to Australia by the end of 2013 on a Working Holiday Visa and it shall be my first year. My partner is an Australian citizen, but we have not lived for 12 months together therefore cannot yet apply for a De-Facto Partner Visa. By the end of my first 12 months in Australia, we will have lived together for 12 months and will have additional documentation to assist our visa in being granted including joint bank accounts, lease documentation, shared bills for electric, water, food, petrol etc.
I was considering doing 3 months specified work in a regional area of Qld to extend my stay for two years. Obviously though, it would be much more preferrable to be able to apply for it after those 12 months and gain a bridging visa to stay in the country until my visa is granted....
I didn't think this was a possibility until I read another thread on the forum stating if you apply on the last date of your visa, it is granted there and then on the spot.

Is this 100% correct and if so do you know anything more about this?

All help will be so greatly appreciated!!!

Thank Youuuuu


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Old 09-03-2012, 11:04 PM
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If you search the forum you'll find a few simular cases & the feedback on here will help you as there is lots written on here & lots of advise & situations so its worth looking.

I believe from info I've read on here when you lodge yr de-vacto you will get a bridging visa allowing you to stay until a decision is made.

I'm not making any judgements on yr relationship I am just going to state points to consider that have been highlighted on here many times.

If you live together & also do yr 3months harvest work to get yr 2nd WHV you will gain an extra year to ensure you have lots of evidence and over 12 months living together making yr application stronger.

Many have mentioned ensuring yr application shows & proves you were committed to a future together not dating from the 12months before you apply.

You could consider relationship registration which may mean yr CO would waive the 12 month living together, I read somewhere on here that I believe QL have just approved this but I'm not 100% but worth checking out, you still need to meet all other required areas for the full 12 months & of course lived together for a duration of which people have said on here of 6months...of course this is all advise and not sure where you will be living.

Hope that hopes you


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Old 09-04-2012, 07:37 AM
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Hi Abbi,

I would advise you not to apply for 820 on the very last day maybe a week before or so, because it really depends on the person taking your application if you get a bridging visa on the spot or not...
In general it is always better to have more months living together and have as much evidence as possible...but you don't have to live together for 6 months me and my partner "officially" only lived together for 5 months and just got our 820 granted...but we did have heaps of evidence for 1 1/2 years of being a couple before moving in together and then our together time in Sydney...

Cheers

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Old 09-04-2012, 08:14 AM
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Hi Abbie

You really are planning well ahead. Good Work.

You can apply for Relationship Registration with the Queensland Births, Deaths and Marriages Office. It does not take too long to process. If you are confident you can satisfy the other requirements of the Partner Application, you could lodge the application within 6 months of being in Australia.

Having the Registration Accepted will waive the 12 month living together requirement.

Once you make your Partner application, you will remain on the working hoiliday visa until it expires. Once that happens, you will automatically be given a bridging visa, with the same conditions as the working holiday visa. You could apply then to have any conditions removed if you wish. You dont have to apply for a bridging visa seperatly, unless you want conditions removed.

http://www.justice.qld.gov.au/justic...drelationships

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Old 09-04-2012, 10:14 AM
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Hello everybody,

thank you so so much for such fast replies to my question, you have all really helped me with my situation.

regarding the registered relationship thing that has been mentioned, if i gain this registration...will the de-facto visa still be exactly the same regarding documentation however instead of the 12 month part, i just use the registration?

this whole immigration thing is quite overwhelming, sorry for confusion :S


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Old 09-04-2012, 07:05 PM
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The relationship registration can waive the 12 months living together but you still need to provide 12 months in the other areas, ie financial, social etc



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Old 09-05-2012, 02:56 AM
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Thats right.

The registration will only waive the living together requirement. You will still have to provide strong evidence that the relationship is genuine, ongoing and been continuing for at least 12 months before making the application.

A major component of the assessment is that the relationship has been continuing for at least 12 months before the applicaiton is made. If you can not prove this, then the application can be refused, easily.
If the relationship is already ongoing, you would simply need to save evidence of the relationship, including photos, emails, and anything else you can get your hands on. If the decision maker can date the relationship back 12 months, there should be no problem.

Of course, you might not have to provide shared financials or Australian shared bank account for the 12 months, because that wouldn't be possible. But establishing the geunuine relationship is very important.

You can find out more about evidence required in proving a 12 month relationship in the Partner - Migration Booklet. You can find it here.
http://www.immi.gov.au/allforms/booklets/1127.pdf

The law may have changed by the time you apply, so mmake sure you discuss the case with a department officer before making an application. They are required to provide guidance to partner applicants.

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Old 09-05-2012, 12:22 PM
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oh wow, thank you both so much! you have absolutely saved my life, and i would not have ever realised this was possible so as i said thank you both!
i hope the laws havent changed too much by the time i apply

so now im thinking i could go on a working holiday visa, then after like 6 months apply for the defacto with that relationship registration certificate and then if it takes longer to process than 6 months a bridging visa shall be granted to me...right?
does that sound like a realistic option?


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Old 09-05-2012, 12:47 PM
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Sounds like a good option.

If they have not made a decision on your partner visa by the time your WHV expires, they will give you a briding visa. You will not have to apply seperately for it. It will be automatic.

Also, the bridging visa will require to to obey the rules of the WHV. A condition of the WHV is that you do not work for more than 6 months with the same employer. If you break this condition, they can refuse the partner visa.

Abbi likes this.
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Last edited by Ausstart National; 09-05-2012 at 12:49 PM.

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Old 09-05-2012, 02:36 PM
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well having you tell me that is a good option has made my day...their is a light at the end of the tunnel
thank you so so much, and yeah i will make sure not to break that rule


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