Complicated situation, Defacto questions

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Complicated situation, Defacto questions


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  #1 (permalink)  
Old 07-27-2013, 10:21 AM
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Complicated situation, Defacto questions

Hi,

First of all, I would just like to say that this forum is full of incredibly useful information and knowledge, I'm very glad I stumbled upon this forum!


I'd just like to start off by introducing myself,
My names Young, just a 19 year old Korean citizen, who moved to New Zealand at a very early age of 7. Currently studying Industrial Design at RMIT as an international student due to reasons of not being able to gain a PR yet.

Also homosexual -Glaring at Tony Abbot-


My main issues I am having to face currently is
1. International fees
2. Mandatory military service in South Korea, which I can avoid by holding a PR or Citizenship in Australia

Growing up in New Zealand, since the age of 7, I can't help but feel that my home country is.. in fact, New Zealand.
Serving for a country for almost 2 whole years, which I barely remember living in, does not spark my interest to be honest. Not to mention that I barely speak any Korean.
And just the general fact that I am gay. Although it bothers me to use that as an excuse as many other fellow gays have to go through this painful path.


---------------------------------------------------------------------------------------------
I feel like my Introduction was a bit long. Sorry about that

I'm hoping to get a Permanent Residency through the obvious course of finishing my studies, getting a job, and then directly applying for a PR after a year of working.

However, that's already so many years that I would be looking at.

Finishing my course will be another 3.5 years, when I will be 23
Another year of working, 24
Waiting for a response, who knows.

But one thing I do know is that I only have till 27, which is the longest I can prolong my conscription.

My sister applied for a PR almost 3 years ago but still hasn't gotten a response. Which is what worries me the most.


-------------------------------------------------------------------------------------------
I have explored a few other options,
-Getting a PR through family members [which is not possible in my situation]
-De Facto relationship


I am well aware that I am quite young to be considering marriage and De Facto relationships,
but I almost feel as if I am in quite a desperate situation, enough to keep these in mind.

I know as much as having to provide proof of being in a relationship for 12 month
prior to applying for a Temporary Partner onshore visa (subclass 820)

But judging by the timeline thread, the waiting period in between being granted a Partner visa has increased SIGNIFICANTLY since a few years back..

How long is the average wait now days?



Also, after being granted a temp visa, I read on the immigration website that I could apply for a Permanent visa after 2 years.
Would that be 2 years after being granted a temp visa or after applying for a temp visa?

And how long is the wait on being granted a Permanent Partner Visa?

And.. I'm quite confused on this one, What is the relationship between a Permanent Partner visa and a Permanent Residency? Would I have to apply separately for a PR or does Permanent Partner visa equal a Permanent Residency?

Are there any other alternative ways I could approach gaining a PR?

------------------------------------------------------
Quick summary of questions
1. Length of waiting period for subclass 820 visa
2. After being granted or after applying?
3. Length of waiting period for subclass 801 visa
4. Permanent visa = PR?
5. Other ways of gaining a PR

I apologize for the extremely long post, and thanks in advance!

Young.


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Old 07-27-2013, 08:47 PM
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First off, why would it be easier to get PR for Australia than in NZ where you've lived for 12 years? Can you explain? Generally, NZ is slightly more lenient than Australia (from what I've read). I would think it would be harder to try to get PR in AU.

You definitely don't want to enter into a relationship simply for the purpose of a visa. First of all, it's illegal. Second of all, it's hard for *legitimate* couples to prove their relationships.

Does it have to be Australia? Are there any other countries you could get PR in that have easier requirements than Australia?

Your only legal path to PR in Australia is going to be developing a skill that Australia needs and can bring permanent residency. I would think 8 years enough to develop a skill and gain the experience you need. You might want to consult with a migration agent, though, as I know little about skilled visas. There is always a slight risk to this path, though - sometimes occupations are taken off the lists after a while.

tara.jatt and rhirhi like this.
__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

  #3 (permalink)  
Old 07-28-2013, 02:05 AM
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Thank you for the response.

Entering a relationship just for a PR was far from what my thoughts were, but rather, if my current relationship did become serious to a point, a PR would be something for me to definitely look into

There's a lot of financial issue involved as well, I apologise for not explaining properly

I've lived in NZ for quite a while, then moved to Australia because my sister graduated and decided to come to Melbourne for university
I then went back after a few years to NZ to finish high school, this is when we werent doing so well, and NZ was a much financially friendly option.
Now I'm here again for uni

The reason I'm here and specifically in Melbourne with no choice of going anywhere else in Australia is because my sister lives here, and in current situation our parents cannot support us enough for us to live in two separate countries.

I'm aware that the skilled path is quite risky especially with the time constraint..

Do I have no alternative options as for achieving a PR in Australia?
I'll also have a look into NZ PR I guess


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Old 07-28-2013, 02:40 AM
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Ahhh, now I understand. Thanks for clarifying.

Okay, onto your questions, then:

Quick summary of questions

1. Length of waiting period for subclass 820 visa

You're looking at a year+ right now. Here and there you'll see a few cases get through much more closely, but plan on a year or more right now

2. After being granted or after applying?

You'll be able to apply for PR two years after applying for the 820.

3. Length of waiting period for subclass 801 visa

Usually happens relatively quickly - within a few months, I think

4. Permanent visa = PR?

Yes, same thing.

5. Other ways of gaining a PR

Skilled, student, etc. but I don't know as much about those.

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 07-28-2013, 02:46 AM
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Also, keep in mind, if you're here on a student visa, you can apply anytime for a partner visa (once you qualify for the partner, of course). When your student visa runs out, if your partner visa is still processing, you'll be put on a bridging visa A with full work rights, and you'll keep that until your partner visa is granted. The only restriction on that bridging visa will be that you can't travel out of the country without notifying DIAC and getting a Bridging Visa B temporarily - that will allow you to leave the country and return, and then you'll notify DIAC so you can get your Bridging Visa A back.

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

  #6 (permalink)  
Old 07-28-2013, 03:58 AM
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Posts: 4
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Thank you again!
This place has been nothing but a huge amount of help and answers


I most definitely am getting quite ahead of myself by asking these questions but knowledge is always good to have, I assume.

It's great to know that I will be put on a bridging visa in the case you mentioned,
but is there an opposite scenario, where the partner visa is issued prior to my student visa expiring? Or is it only issued once my student visa runs out?

I feel like I've read somewhere that I can't hold more than one substantive visa..


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Old 07-28-2013, 05:29 AM
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You know, I'm actually not sure whether your student visa would automatically expire or if you'd have to wait for it to expire. Hopefully someone else knows!

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 07-28-2013, 11:48 AM
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I believe that when your temporary residency is granted it will replace the student visa. So the student visa will automatically cancelled.

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Old 07-28-2013, 07:16 PM
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I thought that might be the case but wasn't sure. Thanks Whitney! Great post.

Young likes this.
__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

  #10 (permalink)  
Old 07-29-2013, 01:02 AM
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Join Date: Jul 2013
Posts: 4
Users Flag! From south_korea

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I guess that makes enough sense hahaha

Thanks everyone, it was great and really helpful getting these responses

CollegeGirl likes this.


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