Defacto visa of a student's partner

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Defacto visa of a student's partner

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Old 11-02-2009, 12:20 AM
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Defacto visa of a student's partner

I am an Indian student in Australia. I and my girlfriend are in a defacto relation for the last 5 years. But we lived together in india , but not continuously because our work in different locations. Now for the last 8 months I am in Australia and she is in India. Everyday we talk via mobile. But no other documents to prove our relation. Our friends in India will assure that we are in love. Some times i am sending money to her .This also I can prove.
Now my question is can my partner apply for a defacto visa as I am a student here. If so what are the douments neede to prove it.
Thank you

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Old 11-02-2009, 02:22 AM
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Hey noby,

Well I had a look around the immi website and to be honest, it looks like a difficult process... especially in your situation.

Declarations from friends simply won't be enough to prove that you are defacto. You need to provide evidence that you are in a "spouse like" relationship--that means financial stuff, living together, daily life, holidays and so on and so forth. I am not saying that it would be impossible for you to prove all of these criteria, but it does sound like your evidence is quite limited.

I found this: How to Apply for Dependent Family Members to Join You that says how to bring a "family member" and if you look at: Bringing Family it does state that a defacto partner is considered family...

One thing i saw though is: "Important: You must declare all family members on your application, even if they do not plan to travel with you to Australia. If you do not do this, your family members will not be eligible to apply to join you after you have started your course in Australia."

Did you declare her as your defacto partner in your student application??? Looks like if you didnt you cant bring her...

Also, im wondering if she actually could come as your defacto if she would be allowed to work full time? probably not.....

To be honest, im not %100 sure what the best approach is for you or even if its possible...has she considered going to australia to study? are there other visa's she could apply for independently?

If no one else comes up with any advice here, i would call immi or make an appointment with them to ask for more info and clarification.

Good luck!

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Old 11-02-2009, 05:10 AM
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Yes, the link that elkitten has shown and the ? on whether you had listed your defacto in your original student application are the crucial factors.

The DIAC regulations are rather inflexible if you have not abided by them in the first instance.

If you did have her listed, your eligibility to add her now will depend on your assessment level which is based on country you are from and course you're doing.

If past the above hurdles, you'll then be faced with the task of convincing DIAC re the relationship and that could be difficult for part of their logic will be why did you not initially list her?

Last edited by Wanderer; 11-03-2009 at 05:13 AM.

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Old 11-02-2009, 07:40 PM
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I think that an important distinction to make as well is that even if your girlfriend is allowed to join you, she would not hold a "Defacto Visa" which is a temporary Permenent residency visa for two years, then a permement PR visa after that as long as the sponsor and sponsee are still together. The rules, restrictions, privilages and so forth would be very different.

Unless we have understood wrong it doesnt sound like you are an aussie PR or citizen, so you can't use the same visa stuff as aussie citizens and PR's can.

Again, call immi to see exactly what your options are.

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