I need help with partner visa.

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I need help with partner visa.


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Old 09-08-2009, 09:42 AM
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I need help with partner visa.

Hi everybody and thank you for your help. So this is the history. I came here in April of 2008 with a tourist Visa. In may I meet my girlfriend and we went to travel around Asia. In July I went back to Chile and apply for the worn and holiday Visa, mean while she was here in Sydney. I got the Visa and came here in December de 5th and since then we live together. I am trying to find a position as a civil engineer, but with the crisis is very hard for two things, local experience and residence because no company wants to pay for a sponsorship and there are a lot of Australians looking for a job right now. Me and my fiancée, we wanted to apply for a de facto visa so I can get the residence, but the thing is that we need to be living together for the last 12 months and we complete that 12 months the day that I have to get out of the country because my visa has the restriction of No Further Stay. I went to the immigration office to ask them what we can do. Because I was thinking to go to, for example NZ, and come back with a tourist visa and then apply here. The risk is that they give me a tourist visa with the same restriction “No Further Stay” and back the starting point. The other option that the guy from immigration gave me is get married and with the certificate apply for spouse visa. But I don’t know if I can apply here in Australia if my Visa has that restriction (no further stay).
There is anybody who can help me or with a similar problem?.
Sorry for the story..and thank you for your help.


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Old 09-08-2009, 02:23 PM
 
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[SIZE="5"]Hi Salaiwa

Can't you apply for a fiance visa? As long as you can prove that you have met your partner and that you plan to get married in Australia within 9 months of having your visa approved you should be able to go for that one.

Or, if you will have lived with your partner for 12 months the day you leave Australia then you should still be able to apply for a defacto visa and explain why you are living apart at the time you lodge your application. You just need to prove that your relationship is genuine and continuing and that you did love together for that 12 months.

This one will probably be a little more tricky though because they do say that you should have been living together for a full 12 months IMMEDIATELY before lodging your de facto visa application, and considering that it will probably take you a while to compile all the documents you will need etc then this might become an issue (unless of course you can get your application together and ready to go before you leave Australia and take it with you to Chile to submit immediately).

But if you say that your partner is your fiance already anyway then I would go for the fiance visa if I were you - I'm actually suprised that the immigration officer didn't suggest this visa to you when you met with him.

Also, I have heard that immigration really frown upon people going to Australia on a tourist visa with the intention of applying for a migration visa such as de facto or fiance and that doing so can often result in refusal, so I'd be careful about doing that and consider one of the other options I mentioned.

If you wanted to apply for a fiance visa you could do that straight away providing you still have a bit of time in Australia....or even a married spouse visa if you have time to get married and submit your application before your current visa expires. Correct me if I'm wrong you guys but I think if you lodge an application in Australia you can get a bridging visa to remain in Australia while the decision on your application is being made.

Hope some of this info was a bit helpful for you.

Good Luck!/SIZE]


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Old 09-08-2009, 03:50 PM
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Sometimes the immi regulations place people between a rock and a hard place and the 'No Further Stay' condition is usually one of them.

I say usually for I had always considered it meant what it said as most immi regs do but then you can learn something new every day they say and it seems 'No further Stay' may not always mean you can not seek some other visas.

Have a look at Work and Holiday Visa (Subclass 462) , the last section in particular and the wording : " You can only extend your stay in Australia if your Work and Holiday visa is not granted with a 'No Further Stay' condition. If your visa is granted with a 'No Further Stay' condition you will be advised of this in your visa grant letter.

Work and Holiday visa holders without a 'No Further Stay' condition are only able to apply for a limited number of other visas from within Australia.
Example: It is not possible for Work and Holiday visa holders to apply for most skilled and student visas from within Australia.
"

That would seem to imply that partner visa could be OK and why the immi guy has said re: " The other option that the guy from immigration gave me is get married and with the certificate apply for spouse visa."

My first thought when I read that last bit you posted was that you ought to be going back to the horses mouth and checking the teeth.

My new knowledge found for the day just confirms you take along your tooth brush and give him a good polishing.





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