Plz help with the spouse visa. Thank you.

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Plz help with the spouse visa. Thank you.


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Old 08-02-2009, 12:53 PM
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Plz help with the spouse visa. Thank you.

Hi everyone,

I'm so glad that I've found this website. I have read some previous posts but I didn't find any similar thread to my case. Here is my situation, please help me with your advice:

I am a student and staying in Australia under student visa which is expired on Sep 2010. My partner is Australian
(1) On Nov 2007: I started to date my partner.
(2) On Aug 2008: I moved in his sister's house (there were 4 people: His 2 bro in law, him and me; his sister was working oversea for 1 year).
(3) On Feb 2009- present: We moved out to live on our own, we've been renting an apartment.

--> (2) When I lived in his sister's house, I didn't have to pay any bills or rental, so we didn't have any bills under our names.
--> (3) We started to have our bills such as: rental, electricity, water under our names.

The question is a/ we've been living together for 1 year but we just have the bills with names from Feb to now. Can I still apply for the spouse visa/ or I have to wait for Feb next year?
b/ About the police check, I've been living in Australia for 3 years, where can I apply for the police check? Here or my hometown?
c/ Anyone can suggest me a good agent that I can trust on? There are so many agents and I don't know who should I pick and the cost they charge is expensive (around 2000!)

Thank you so much for listening to me. I'm looking forward for your advice.
Anna.


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Old 08-02-2009, 01:19 PM
 
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Are you planning to get married? If so, you don't have to have lived together for 12 months. That requirement is for the defacto visa.

If you need a visa in the interim, you can apply for the prospective spouse visa.


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Old 08-02-2009, 02:09 PM
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Hi Mike,

Thanks for your reply. I'm not getting married, so I'm thinking about de facto visa. We've actually lived together 12 months already. do you think it's possible?


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Old 08-02-2009, 04:07 PM
 
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Hello Anna,

It is possible that you could apply for the Defacto visa in my opinion if you provide stuff such as bank statements etc that show that you were contributing to the household (groceries, etc) and if you provide proof that were were living there and that he was livinging there (again bank statements that show your address's etc).

You can read about how to get a police check here (its pretty simple and you dont need fingerprints) National Police Checks - AFP

In saying all that though, my BF and I are in a similar situation as in we paid rent and bills but they werent under our names so we are having to proove our situation through bank statements. Our application is very complicated, so, i would recommend....

If your student Visa expires in September 2010, I would wait to apply for Defacto, maybe apply in Feb 2010 when you two have been living at your own place for a year--then you can add about your living with the brother in law etc previous to that. It will make it easier since you will have more straightforward evidence.

Also, personally, i'm not using a migration agent (too expensive and it doesnt help your chances anyway). Since you are in Australia proper you have access to immigration people--you can have meetings with them, even go and state your case and they can tell you what your chances are. It's a hard application to put together, but if you do all your research and read the handbook, you can easily do it on your own.

That's my opinion anyways! good luck!


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Old 08-03-2009, 05:43 AM
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elkitten has summed it up much as it is for you Anna and though your story may be a little different to others [no one two will hardly ever be exactly alike] what all have in common is that there are the immigration requirements and under each visa on the immi site you'll find five headings.

Eligibility and Applying for this Visa are the two most important but take the time to read all that is under each heading, including the links where applicable.

Under the Applying heading you'll find a checklist and if in reviewing the application form you follow the checklist [reading the links] you should not have any great difficulty in following what is required.

As elkitten has posted, you'll find a link for police checks just as you'll find a link for everything you really need [or most everything] and for some things where information is not 100% clear, you can ring immigration - easy here in Oz @ 131881.
Before you do that, there is also the booklet #1 [a link on immi site or via our sticky thread #6] which should also be read, sometimes explaining better than cruising through too many links etc.

You could start getting an application ready [ and include any references you have on when you first met/dated etc. as well as time together in the other house] and once you have accomplished all that you can, ring to query whether they'll take into account the earlier time together.

And if you already have your application prepared [quite a bit of work involved] they may suggest going in for an interview and so that'll be good and I doubt that on sighting your events timeline they'll suggest you lodge the application if they considered it would be refused - more than likely they'll tell you if anything is missing, whether to wait as elkitten has stated or what extra information they would like to see.

But you certainly do not need to use an agent.





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Old 08-04-2009, 12:24 PM
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Thank you Elkitten and Wanderer. Your advice is very helpful. ^^


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Old 09-18-2009, 02:42 AM
 
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I also have no bills under my name and we just signed the leasing together on may this year. But when I moved in to my bf's flat, I notified immigration of change of address, so when I went to DIAC to ask about my elegibility they checked and it's on the system that I've been living on this address since may 2008, so they said it was ok. My bf had the leasing under his name on the same date (and also the bank statements, according to one diac's officer it's the most important), so I applied in july this year.
I still haven't heard from them since then, haven't got a CO nor even an email or letter with the receipt number to say "hello we've got your application".


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