Help!! Defacto visa

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Help!! Defacto visa

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Old 09-21-2009, 09:36 PM
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Help!! Defacto visa

Hi guys,

I'm English and my boyfriend's Australian, we've been living together for over a year in London but he has decided to go back to Australia due to the recession- since leaving his job to go back to get his Tier 1 visa he can't find a job and his old company have offered him one in Melbourne. However, I've just taken a new job in London which lasts until next September so we're facing 10 1/2 months apart. I want to go over in September next year. We will see each other a couple of times during this time but do you think this time apart will be a problem when we apply (especially as we've only been together a year and a half, although were together in 2005 for 8 months but broke up until he came to live in England)? Also, can he be interviewed in Australia and myself in England? How long does it take roughly to get a defacto visa from the UK- and how long do they give you from the acceptance date to enter the country- I'm wondering if it be best to apply after only 6 months apart?

Any advice you can give me would be much appreciated! They make it very inconvenient to get tailored advice from them.

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Old 09-22-2009, 02:48 AM
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Welcome to the forum Charlotte and personally, I would be applying right now while the Bf is still there if he is but also do not rush the application but go through the eligibility sections for both Sponsor and Applicant carefully and then make use of the Application Checklist and the Sponsor form to initially assess the type of support information you will need.

Hopefully you can get everything together before he leaves of shortly afterwards to get the application in ASAP after his departure, reason being:

Under Relationship is
You and your partner must have been in a de facto relationship for the entire 12 months immediately prior to lodging your application.
Follow links to 'One Year Realationship' and 'Evidence' and read Booklet #1 if you think you need to though the immi site is reasonably thorough.

Under Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100)
You will find the Checklist and also via Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100)
Initial Entry Date

I was going to suggest that you could slow processing down a bit by waiting to be requested for Police/Character and Health checks as there has in the past been references to applicants [perhaps just different visas now] not providing those until requested and now on the application form you'll see just a reference on page 23 of 29 re " If already undertaken you should include results of health and character checks " so sort of implies they can be done after the application is lodged.

Getting them may in fact delay the application lodgement and so the end result may not be any different though I feel getting the application in at earliest is best and then the slow down may be greater.

But under initial entry date " Your initial entry date is usually the same as the expiry date for the validity of either your health or character checks, whichever is the earlier. " = nominally 12 months from their dating.
[and so that may not pose a problem other than they do something unusual that you cannot meet and lose the visa!]
- there is mention of you being able to advise re a later entry if need be to finalise affairs and so it would not hurt to mention for business reasons that you could not go earlier than Sept.? and so they would know not to put an earlier latest initial entry date condition on the visa.

It may raise some eyebrows re the time apart but long distance relationships are not unheard of and I would not be reticent to mention in your application the earlier time you had together for that just supports the longevity of the relationship and strength of commitment [even if there was a break].

Last edited by Wanderer; 09-22-2009 at 02:57 AM.

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Old 09-22-2009, 03:49 AM
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Like i was just saying in another post--just keep records of your communication during the months you are apart incase you need to show something for it and depending on what you decide to do. You could show:

Phone records
Skype Screen shots
Money you both spend on getting a camera for your computer to chat on skype (hey, it's still evidence, heehee)
E-mail screen shots
Facebook screenshots even!
Money/evidence of gifts you may send each other during the separation
Copies of letters you send each other (keep your enveloppes too, photocopy those too, in your case, i reckon evidence of official dates/post marks would really help)
Evidence of money spent on plane tickets etc to see each other during the separation
Picture of those visits

Get your friends and family and his to mention how well you two have dealt with the separation, how much you love each other despite the long distance.

In your own statements, explain, ad nauseum WHY this separation was neccessary.

I would recommend that you both start to get yor evidence together now (eg financial hog wash that takes AGES to sort out sometimes) so you have that done.

If you want to go in September, apply 4 months earlier, at least....or do as Wanderer has said. Talk to your immi hotline people to see what they think.

Good luck!!!

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