De Facto for foreigners is it possible?!

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De Facto for foreigners is it possible?!

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Old 12-04-2009, 11:24 PM
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De Facto for foreigners is it possible?!

hi guys,

I am new here, and I didn't read each thread regarding the defacto visa, but the few I have read had always an Australian involved.
My situation s a little bit different.

My Gf and I are not Australian, I am a student & she s on 2nd WH, she has to go back to her country next year, roughly March, but my studies go till next year Dec, and probably after that I ll apply for Graduate Visa...we ve been living together now for 8 months and till next year we should get to about 12 months.

We d like to stay together in the same place, and I was wondering if we could do a de facto visa, so that she can stay here on my visa conditions, without wasting money on some useless schools.

Now, I ve checked on the Immi website, but it's a lil bit confusing, or probably it's clear and my poor English doesn't help me!

Is there anyone here that can help me?

Appreciate ur help!


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Old 12-05-2009, 02:11 PM
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I think it is going to be a little difficult for you if not impossible for you'll find
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.
in the link of "how to apply for dependant family members to join you" on Bringing Family

You may have to look at other options such as an ETA after or just before the WHV finishes, something your Gf may want to combine with a NZ WHV if she is eligible and then she could earn some money there for a while or if her working and money is not a problem, she could fly to NZ just before the WHV finishes, cancel it and get an ETA to return on, the eta possibly cancelling the WHV anyway.
But that is good for just three months stays at a time and she'll either have to exit and come back after each three months [and she'll likely be quizzed by immigration after the second return and possibly even on the first, questioning to be about her means of support but if she has accommodation covered with you, she may get by.
Alternately, if she can show sufficient funds, she may be able to apply for a longer tourist visa after the first return on the ETA.

When you apply for a graduate visa, you may be able to add her as a partner then.

Last edited by Wanderer; 12-05-2009 at 02:19 PM.

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Old 12-05-2009, 08:31 PM
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Thanks for the reply Wanderer.
Even if it is not a good news, at least we know what is possible or not and we can get organised in time for it!

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Old 12-10-2009, 01:21 PM
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Dear luca,
I am investigating this exact issue at the moment and I think I might have better news for you than wanderer. Can you tell me whether you are living together and, if so, since when? I gather you haven't informed the department of change of your circumstances, i.e. that you are now partnered. Please confirm. I agree with wanderer that if you did not disclose your family member in your student visa application you would normally not be able to get them on your visa later, however, if your circumstances have changed since then, i.e. you got into a relationship after your application - it's a different story. Also, is marriage an option?
Let us know.

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Old 12-10-2009, 10:35 PM
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Hi Dorota!

Thanks for your reply.

yes, we've living together since last May and we ll keep living together until she leaves, which may be about end of March, but of course, in case that there may be a chance for the De Facto Visa, she might decide to study for a while (6 months) so that we get to the 12 months period.

And also you are right, I haven't told the immi that I m living with my partner now, I didn't think that that might be useful, but we do have a contract on both name now, so there s a proof that we actually live together.

Marriage at the moment is not really an option, I am not working, just studying, and she hasn't got a permanent job, just casual, so it's kind of difficult to decide on such a big step, and moreover I guess our parents would not be really happy, since we haven't a stable lifestyle... you know, old style parents... and also because they are the one providing for my living here, so it's better to don't upset them

Anyway, I would really appreciate if you could give me some more info about it... this could change a lot our situation!

Thanks again for your help!


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