De Facto Visa 309/100

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De Facto Visa 309/100


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Old 05-04-2013, 01:43 AM
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De Facto Visa 309/100

Hi.. ive just started researching about this visa for my girlfriend (thai) to see if it is the appropriate visa..

the facts:

we met May 2011 and i kept in regular contact (daily) till i returned for a month back to thailand in November 2011which we were together the whole time. I applied for a tourist visa for her while i was there.

In Jan 2012, she came to australia on a 3 month tourist visa and returned in April.

I went to thailand in May 2012 for 2 weeks, and again in October when i applied again for a tourist visa for her.

She came back here in November 2012 on a 6 month Tourist visa which is about to expire next week. She has an 8503 on her visa which means she has to go home and i have to apply again in bangkok.

What i am wondering is the periods she is with me here, and me over there qualify for defacto living together? Should I be applying asap? Also, my divorce is still not finalised after 2 1/2 years (hopefully next few months) Will this affect her application?

Thanks for reading, and any replies are appreciated


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Old 05-04-2013, 02:08 AM
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No, it will not meet the 12 month requirement as it was not continuous. Yes, a divorce that isn't finalized will invalidate the application. (Someone correct me if I'm wrong there.)

Your only chance is to wait until its officially over. Then a PMV is probably your best option. Optionally, you could get married or register the relationship to waive the 12 month requirement. However, you will still be required to supply a ton of evidence about your relationship to apply for a partner visa.

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Old 05-04-2013, 05:27 AM
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Unfortunately, What jmcd said here is all right. Even if you weren't required to have your divorce finalized before you applied for a partner visa (which I think you are), it would likely affect your application adversely to the point of rejection. I recommend 110% that you finalize your divorce before applying.

It's also true that the times you have lived together would not be sufficient to qualify you to apply for a de facto partner visa. There is a 1-year relationship requirement for couples applying for a de facto partner visa that requires the couple have been living together for the full 12 months (consecutively) immediately prior to lodging the application.


It sounds like what you referred to as a "8503" is a "no further stay" issuance, meaning that she is required to return to Thailand when her visa expires and cannot apply for another visa while still in Australia on her current visa - is that right? You do still have a number of options, though, if your relationship is genuine and you are both serious about her migrating to Australia permanently in order to continue your relationship.

While she is still in Australia, after your divorce is finalized, you could either: 1) register your de facto relationship with the appropriate state Registry of Births, Deaths, and Marriages [unless you live in WA]; 2) marry and obtain a certified marriage certificate from the appropriate authority; or 3) become engaged. Registering your de facto relationship (1) would allow you to waive the 1-year relationship requirement and apply for an offshore de facto partner visa once she returns to Thailand. Marrying (2) would allow you to apply for an offshore partner visa based on marriage once she returns to Thailand. Becoming engaged (3) would allow you to apply for a prospective marriage visa once she returns to Thailand - provided you are willing to marry within 9 months of her returning to Australia on that PMV (if granted). (And these are all assuming you also have some solid evidence of your relationship, such as joint bank accounts or proof of shared expenses, leases with both your names, photos of you two together as a couple, letters and correspondence for times of separation, friends or family who are willing to write statements explaining that your relationship is legit., etc.).

If she has to leave Australia before your divorce is finalized, you won't be able to register your de facto relationship (you both need to be living at the same address in Oz when you apply), but I believe that you would still be able to become engaged and apply for a PMV or marry with an appropriate authority in Thailand (provided you could provide the appropriate evidence/documentation of that engagement or marriage).

Alternatively, if she is able to get another temporary visa to Australia after she returns to Thailand, you would technically be able to either register your de facto relationship or marry once she returned to Australia on her new visa. You could then apply for an ONSHORE partner visa (based on either de facto or marriage). Just be aware that when her temporary visa expired, which it likely would before the onshore partner visa was granted (loooong processing time), she would be given a bridging visa that would allow her to remain in Australia until a decision was made - but that bridging visa would have the same limitations as the temp. Visa she arrived on (so, for example, she may not be able to work for the 15 months before your onshore partner visa is granted/denied).

Finally, you might consider whether she could migrate permanently via a visa subsection outside of partner visas. For example, you could look on the Dept. of Immigration website to see if she has any relevant working qualifications or skills that are in high demand in Australia and potentially have her go for a skilled worker visa if that is the case.

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Old 05-04-2013, 06:02 AM
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Thank you for the replies.

Yes, 8503 is no further stay, so it limits our options at the moment. Unfortunately she doesnt have any qualifications that would regard her as a skilled worker.

I believe we would have sufficient documentation to prove our relationship is genuine, multiple phone conversations daily, providing funding for expenses in thailand, family declarations. The only thing we dont have is anything in joint names. Should i consider opening a joint bank account in australia or in thailand?

The other option we are considering is having her come back via a student visa, then in the future look at a de facto visa. Can you see any issues going down that path?

Thanks again for your replies.


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Old 05-04-2013, 06:19 AM
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Quote:
Originally Posted by sydd View Post
Thank you for the replies.

Yes, 8503 is no further stay, so it limits our options at the moment. Unfortunately she doesnt have any qualifications that would regard her as a skilled worker.

I believe we would have sufficient documentation to prove our relationship is genuine, multiple phone conversations daily, providing funding for expenses in thailand, family declarations. The only thing we dont have is anything in joint names. Should i consider opening a joint bank account in australia or in thailand?

The other option we are considering is having her come back via a student visa, then in the future look at a de facto visa. Can you see any issues going down that path?

Thanks again for your replies.
I think it would be a good idea to open a joint bank account provided that you will both be able to contribute to its funds regularly and/or that you will both be able use it for shared expenses (i.e. groceries, dinners out, movies, trips together, utilities, rent, etc.). If you aren't able to do either of these things, I would suggest you hold off on opening an account together until you can - otherwise it might appear you opened the account JUST for your visa.

**EDIT: Also, given that she is planning to move to Oz, I would recommend opening an Australian account as opposed to a Thai account (if and when you do) because it will serve to demonstrate your partner's financial ties to you and to Australia - and the Dept. of Immigration will also simply have a better understanding of any bank statements or other bank forms you might supply.

I might also suggest that you start asking friends and family to put both of your names on any mail they might send (such as wedding invitations, holiday cards, etc.) so that you can save them as evidence. Other people on this forum also recommend that you might list your partner as your emergency contact or as the beneficiary for your super and that you get both of your names put on bills, leases, and receipts where possible.

As for applying for a student visa, I unfortunately know very little. I have heard from others, though, that the combined cost of the visa, living expenses, and tuition without government support can be pretty hefty. I'm not aware of any issues that would come from going from a student visa to a de facto visa in the future; I would imagine that a number of onshore partner visa applicants met their Australian partners while studying abroad in Oz.

I hope that helps!

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Last edited by queliwantstogo; 05-04-2013 at 06:29 AM.

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Old 05-04-2013, 01:05 PM
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Q answered well... I only have 3 additions.

It totally depends on which state you are in what the rules of registering a relationship are. Check the births deaths and marriages website for your state. In WA, you can't register at all - but in QLD, only one partner has to LIVE in QLD... Although you both need to sign in front of a witness.

The second thing is in regards to the student visas. While its true they can be costly, there is no need to be in a full time uni course of study to get the visa. I have a friend who did some cheap business courses (2-3 thousand) and there are lots of people who come in to study English. Your partner can work part time on a student visa.

Finally, while Q is technically right about bridging visas... The reports lately have been that since November 2012, all bridging visas for partner visas are coming with working rights. Also, if for some reason they are not... Then you can apply to have full working rights granted. I have never personally heard of that being denied by anyone who applied.

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