same sex de facto! help!

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same sex de facto! help!

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Old 12-22-2009, 07:41 AM
lau lau is offline
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Smile same sex de facto! help!

Hallo, I want to apply for a de facto visa but need some advise.. i have been living with my girlfriend (australian citizen)since feb '09 so we r thinking of applying in feb/march 2010.During this time I went back to italy for 3 months to see my family and also because my 6 months tourist visa had run out.I reentered australia for another 6 months tourist visa (til march 2010).
we have proofs of living together such as electricity bills on both names and estate agent letter to say that i lived at the adress..but no bank statements showing payments ect... because i didnt use an australian bank account but been living on travel cheques purchased in london last year and basically my girlfriend has been supporting me a lot here!so i didnt pay rent ect...(since I cant work here!!)
do you think wd be enough evidence? i will get friends/family declarations of course, and pictures... I am not sure how they gona see the 3 months that i was away..and do they need 12 months or can it be acceptable to have been apart for 3 months during the 1yr period ??
also another question.... what jobs can u apply for when u have a temporary residence? Many jobs that i saw on line they all ask for permanent residency or citizenship! so i wonder... if i spend all this money with the application will i be able to work once i get the TR??
many thanks to any reply))

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Old 12-22-2009, 08:04 AM
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Hi lau,
the regulations require either: marriage, registered relationship or 12 month living together. 12 months is a duration of the 'marriage like' relationship and not necessary physical closeness. I suggest you scroll through this forum and you will find a lot of information on how to prove your case.
If you live in Vic, ACT or Tasmania you can choose to register your relationship and then you don't have to prove 12 months.
There is lots of jobs available for temporary visa holders, when you apply for a job you have to make the employer aware that it is a temp partner visa and you will get permanent after two years, there is no restriction on private employers to employ you on your TR visa, however, most government jobs do require PR and sometimes citizenship.
Good luck

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Old 12-22-2009, 12:18 PM
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I really think you'll be pushing your luck in having 12 months made up of two six month tourist visas with the gap of three months back in Italy and limited documentation.

Have you not another month or so to add on if your two six months periods were either side of the three months or can you not seek an extension.
That also raises the issue of a 8503 no further stay condition and have you checked to see that you do not have one on your current tourist visa.

If not and you can stretch the period out to the max., [but beware an extension could get an 8503] even if it means heading to NZ for a short few days to come back on an ETA.
And are you too old for a WHV?

You should have a look at the Relationship links on Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801) , the first one having examples on Commonly asked Questions.
Booklet #1 is also a good read.

Elkitten has made a thread re her defacto experience and that is a Sticky at #4, well worth a look for you as you are a bit skinny on supportive documentation it seems to me.

The one thing you have in your favour at the moment is commitment shown in coming back on another six months visa but overall I'd still rate your chance of success as a gamble.

If you are in Victoria, ACT or Tasmania, registering your relationship would certainly strengthen your chances but that is not straightforward either, ie. a drivers licence probably being needed to supplement your overseas passport for ID. [in Victoria at least].

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