ETA and defacto visa

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ETA and defacto visa


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Old 12-28-2009, 11:56 PM
 
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ETA and defacto visa

Hi there I am in Australia on a ETA visa and wondered if it's possible to apply for the defacto visa whilst here on the ETA ? Do I need to extend the ETA or go overseas to renew it ? I have been in Aus for 5 months in the last 12 on an ETA and for a couple of weeks on a work visa . I am from the UK and have been in a defacto relationship with my partner since late 2004.
Any advice would be welcome .

Many thanks

Paul


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Old 12-29-2009, 01:16 PM
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Hi Paul and welcome to the forum,
You can apply for a defacto visa either onshore or offshore and as you may know a ETA has a validity of 12 months for stays of up to three months at a time.

I suppose your options really depend on how prepared you are with the defacto visa for there're health and character checks you'll need to arrange and that takes time as does doing the rest of an application.
Have a look at a few threads on defacto visas and you'll get an idea of what is involved, using the Checklist and all.

If I read you right, you're on your second stint on the ETA and whilst you can depart and return again, it's quite possible that you'll be quizzed on re-entry re purpose which needs to be in accordance with what an ETA/tourist visa is for and that's to see more of the country and people you may know, it being quite possible that people make life style decisions once in the country and if a defacto visa was not being planned for, you'd hardly mention it.
You'd also be expected to have finances to support yourself and staying with someone for some time is OK.

Applying onshore for a tourist visa runs the risk of it being granted with a no further stay condition which then negates the possibility of staying and applying for a defacto visa.

Another possibility would be to have everything set-up, all the checks done and application ready and apply for the defacto visa once you have exited, I've heard of someone getting a defacto visa in Auckland within 24 hrs. of being there but there could have been luck involved and her and her sponsor were certainly organised.
It being cheaper to do it abroad something of a bonus.





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Old 12-30-2009, 05:19 AM
 
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Hi Wanderer
thanks for the prompt reply . My situation is as you say I am on my second stint on my ETA , when I entered at Brisbane after a holiday to Bali with my partner Immi gave me a gentle grilling and told me I shouldn't be traveling on an ETA as I was spending too much time in the country to be a tourist . this has prompted me and my partner to get our acts together and apply for a defacto which we should have done ages ago .
Looking through the post on here and esp elkitten it seems I need to get alot of my bank statements and phone bills from the past 5 years as we are both independent and have always had separate accounts even though we share cost and expenses
In your opinion how many pieces of evidence from each year should I supply ? Or do you think I should send everything ? I have entered Oz 17 times between 2004 and now do you think I need to supply dates and recipts for those or will they be aware of that ?
Many thanks again


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Old 12-30-2009, 01:51 PM
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Going from the bottom up Paul, they'll certainly know you've been coming and going and with 17 times since 2004 that'll stand out like the poverbial dogs ....

It does kind of raise the question of what type of relationship you have had when you say you have been a defacto couple since 2004 for DIAC will be looking for a kind of living together relationship more so than an ongoing international romance if that's what it has been to date.

First off, if I was you I'd be closely looking at whether what you have had will stand up as a relationship against what is expected for a 12 months relationship as spelt out in visa eligibility information, any evidence of a longer association being a good sign of commitment at least.





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Old 12-30-2009, 10:00 PM
 
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Hi there Wanderer
My travel since 2004 has been work related as I worked for a couple of international bands and have travelled the world extensively throughout this period (all can be documented intinarys etc ) . The reason for the large number of entries is because I kept coming back to Oz rather than going back to the uk so I could have a relationship. This large amount of touring I was doing was putting strains on our relationship as you can imagine and we saw a councellor in 2008 ( documents avaiable and we were thinking of her to do a stat dec). We have been together through all this period in spite of my work taking me away and I just need some advice as to what type and how much evidence to supply for the compulsory 12 month period if this is all we have to prove.

Thanks again


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Old 12-31-2009, 04:06 AM
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Hi Paul,
Yes, to get your usual temp Partner visa you need to show 12 months living together (last 12 months), however, if you have been living together for more than 5 years you qualify for Permenent Partner visa. So, I wouldn't just concentrate on 12 months, provide documents for the whole of the relationship and you might get PR straight away. Wanderer is right, whether it is for 12 months or 6 years you still have to convince DIAC that you had formed a household and lived in a 'marriage like relationship' and not simply as girlfirend/boyfriend. If your travel was indeed work related and you slept in hotels rather than another home, then the separation shouldn't matter that much, but if you had run two separate households, then it might be problematic. Also, you say that you are quite independent. That also might be a problem. You have to think of your relationship as marriage like 'from now on we are one' (as you often hear at the altar), so there is pooling of resources, sharing expenses, emotional support, presenting to the world that you are a couple, future plans, etc. You may have to play down your 'independence' and concentrate on 'togetherness' and one household that you both regarded as your home.
Hope it helps,
Dorota


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Old 01-03-2010, 12:04 AM
 
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hi xdorota/wanderer
I have been have a read and it seems to me if my partner and I have our relationship legally endorsed as a defacto patnership by a QLD lawyer under 90uc of the family law act which protects peoples property in a defacto partnership then immi waives the 12 month evidence stipulation. Is that your understanding ?
Quote:
Waivers

The one-year relationship requirement does not apply if the applicant can establish that there are compelling and compassionate circumstances for the grant of the visa. For example:

in the case of a de facto partner relationship where there is a child from the relationship
at the time of application of the partner visa, the de facto relationship was registered as a prescribed relationship in the relevant Australian state or territory legislation, or
in the case of a same-sex de facto relationship, where cohabitation was contrary to law in the applicant's country of residence.
That from Fact sheet 35 on the immi website.
If this is so then this must be the best way forward for most people as it legally protects yours and your partners finances and property and give the relationship a legal standing in support of your visa application .

Any thoughts thanks again

Paul


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