Planning to apply de facto visa 820

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Like Tree2Likes
  • 1 Post By Ramah
  • 1 Post By Eh?

Planning to apply de facto visa 820


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 11-23-2017, 05:07 PM
Junior Member
 
Join Date: Nov 2017
Posts: 3
Users Flag! From hong_kong

Planning to apply de facto visa 820

Hello , Iím from Hong Kong and I have lived with my gf who is a PR in aus for around 2 years in Hong Kong.So is it possible to prove that we are in a de facto relationship and apply the 820visa or I have lived with her in aus for 1 year?


  #2 (permalink)  
Old 11-23-2017, 05:17 PM
Eh? Eh? is offline
Senior Member
 
Join Date: Aug 2017
Location: QLD
Posts: 887
Users Flag! From canada

191 likes received
55 likes given
Quote:
Originally Posted by lyytcw0621 View Post
Hello , I’m from Hong Kong and I have lived with my gf who is a PR in aus for around 2 years in Hong Kong.So is it possible to prove that we are in a de facto relationship and apply the 820visa or I have lived with her in aus for 1 year?
I'm not sure I understand.

Is your partner (not girlfriend, don't use girlfriend) an Australian Citizen or just PR?

I could be wrong on this, but I think that in order for your partner to be eligible to sponsor you (as she has PR), she has to demonstrate that she has lived in Australia for a certain amount of time.Again, I could be wrong about that, so don't take it as gospel.

Edit: From the DIBP website - "Australian permanent resident or eligible New Zealand citizen sponsors must usually live in Australia."

It appears that your partner (the sponsor and the AU PR) must usually live in Australia.


Last edited by Eh?; 11-23-2017 at 05:24 PM.

  #3 (permalink)  
Old 11-23-2017, 05:53 PM
Junior Member
 
Join Date: Nov 2017
Posts: 3
Users Flag! From hong_kong

Thanks for your reply.

My partner is from Hong Kong too and she went to study in australia for a year before.Somehow, she became a PR by the help from her relatives.But she just came back to hong kong to study for two years.

Now she is going to study in a university in brisbane. And I am going to brisbane by using working holiday visa.So I am not sure the time we lived in Hong Kong that count as a de facto relationship. Therefore, we doní t have to wait a year in australia and then apply the de facto visa.

Sorry about that my english is terrible....


Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 11-23-2017, 05:57 PM
Eh? Eh? is offline
Senior Member
 
Join Date: Aug 2017
Location: QLD
Posts: 887
Users Flag! From canada

191 likes received
55 likes given
Quote:
Originally Posted by lyytcw0621 View Post
Thanks for your reply.

My partner is from Hong Kong too and she went to study in australia for a year before.Somehow, she became a PR by the help from her relatives.But she just came back to hong kong to study for two years.

Now she is going to study in a university in brisbane. And I am going to brisbane by using working holiday visa.So I am not sure the time we lived in Hong Kong that count as a de facto relationship. Therefore, we don’ t have to wait a year in australia and then apply the de facto visa.

Sorry about that my english is terrible....
Don't apologize, my English is terrible and it's my first language

I think in order for her to sponsor you she has to demonstrate that she's lived in Australia for a certain period of time. Two years I believe? Again, I could be wrong on that.

It sounds like your both going to Australia either way on visa's. She just might not be able to sponsor you because she hasn't lived in Australia regularly.

Honestly, I would suggest speaking with a RMA. For a small fee a consult with one would benefit you and your partner greatly.

This is from the DIBP website.

Quote:
A person is considered settled if they are an Australian citizen, Australian permanent resident or an eligible New Zealand citizen who is lawfully resident in Australia for a reasonable period. In normal circumstances, two years is considered to be a reasonable period. Sponsors who have been absent from Australia for extended periods prior to lodging their sponsorship may be required to provide documentary evidence to determine whether the settled requirement is met.


Last edited by Eh?; 11-23-2017 at 06:01 PM.

  #5 (permalink)  
Old 11-23-2017, 06:13 PM
Junior Member
 
Join Date: Nov 2017
Posts: 3
Users Flag! From hong_kong

Thanks again, you are really helpful.I may consider some methods to stay in australia now and get the PR by myself.Working Hoilday is a first step to have basic financial support and get know about australia. Anyway, thanks for your help.


  #6 (permalink)  
Old 11-23-2017, 06:30 PM
Ramah's Avatar
Senior Member
 
Join Date: Apr 2017
Location: Sydney
Posts: 918
Users Flag! From uk

181 likes received
135 likes given
Quote:
Originally Posted by Eh? View Post
I think in order for her to sponsor you she has to demonstrate that she's lived in Australia for a certain period of time. Two years I believe? Again, I could be wrong on that.
You are right, the sponsor has to be "usually resident" but the 2 years applies to "settled".

DIBP defines usually resident as "The place that a person is 'usually resident' is decided taking into account their physical residence (where the person eats, sleeps, has a home) and the person's intention to make that place their home."

Settled is defined as "A person is considered settled if they are an Australian citizen, Australian permanent resident or an eligible New Zealand citizen who is lawfully resident in Australia for a reasonable period. In normal circumstances, two years is considered to be a reasonable period. Sponsors who have been absent from Australia for extended periods prior to lodging their sponsorship may be required to provide documentary evidence to determine whether the settled requirement is met."

It is possible to be usually resident without having lived here for that length of time

Eh? likes this.

  #7 (permalink)  
Old 11-23-2017, 06:32 PM
Eh? Eh? is offline
Senior Member
 
Join Date: Aug 2017
Location: QLD
Posts: 887
Users Flag! From canada

191 likes received
55 likes given
Quote:
Originally Posted by Ramah View Post
You are right, the sponsor has to be "usually resident" but the 2 years applies to "settled".

DIBP defines usually resident as "The place that a person is 'usually resident' is decided taking into account their physical residence (where the person eats, sleeps, has a home) and the person's intention to make that place their home."

Settled is defined as "A person is considered settled if they are an Australian citizen, Australian permanent resident or an eligible New Zealand citizen who is lawfully resident in Australia for a reasonable period. In normal circumstances, two years is considered to be a reasonable period. Sponsors who have been absent from Australia for extended periods prior to lodging their sponsorship may be required to provide documentary evidence to determine whether the settled requirement is met."

It is possible to be usually resident without having lived here for that length of time
Ah, at least I was in the ballpark!

This thread actually got me to thinking if my partner is eligible to sponsor me, given that she has been in Canada (with me) since early 2016.But she's a citizen by birth and after checking a few other threads, it appears that she is alright to sponsor me.


  #8 (permalink)  
Old 11-23-2017, 06:35 PM
Ramah's Avatar
Senior Member
 
Join Date: Apr 2017
Location: Sydney
Posts: 918
Users Flag! From uk

181 likes received
135 likes given
Quote:
Originally Posted by Eh? View Post
Ah, at least I was in the ballpark!

This thread actually got me to thinking if my partner is eligible to sponsor me, given that she has been in Canada (with me) since early 2016.But she's a citizen by birth and after checking a few other threads, it appears that she is alright to sponsor me.
Haha it's DIBP, of course nothing can be straight forward :P


  #9 (permalink)  
Old 11-23-2017, 06:41 PM
Eh? Eh? is offline
Senior Member
 
Join Date: Aug 2017
Location: QLD
Posts: 887
Users Flag! From canada

191 likes received
55 likes given
Quote:
Originally Posted by Ramah View Post
Haha it's DIBP, of course nothing can be straight forward :P
Well, that would make it easy, wouldn't it?

Haha.

Ramah likes this.


Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Skills assessment for chefs planning to apply for visa 188 Riza.mabano Visas and immigration 0 11-09-2017 01:19 PM
accountant planning to apply for 189 visa hopeful_persistent Visas and immigration 6 06-19-2015 12:26 AM
Me and my gf are planning to apply for partner visa subclass 820 onshore TipeneandJi Visas and immigration 8 05-15-2015 05:48 AM
Can I go back as a tourist and apply for a 820 onshore de facto visa? AshleyPR Visas and immigration 6 07-01-2014 04:01 AM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 12:25 PM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com