getting a de facto visa while on eta

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getting a de facto visa while on eta


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Old 01-18-2010, 06:29 PM
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getting a de facto visa while on eta

I was wondering if i could get a de facto visa while I'm in Oz on an eta visa. My girlfriend and I will have everything needed to get the de facto, as far as paperwork and living together time. She is an Australian citizen and has been living in the states with me. Just looking for some clarification. Thanks


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Old 01-20-2010, 12:32 AM
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Hi td and welcome to the forum.

People have been known to apply for defacto visas while in Australia and as long as you do not have a "no further stay condition" on the visa which ETAs do not, you should if eligible and can show good evidence for that be OK.

The only problem that can arise is if on entry and an enquiry from an immigration or a customs chap or lass you blurt out I'm here to get married rather than just your intent to have a visit and a look around with your Gf.
Visas are supposed to be used for their intended purpose is the rules and a blatant admittance of your intention to misuse them is not well accepted.

It is cheaper btw for you to apply back in the US too.





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Old 03-30-2010, 12:35 AM
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thanks

Thanks for the reply and I was also wondering if anybody knew of anyone in particular that has done this and if they had any difficulty


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Old 04-01-2010, 12:53 AM
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Originally Posted by truedoc33 View Post
Thanks for the reply and I was also wondering if anybody knew of anyone in particular that has done this and if they had any difficulty
Hi, first time poster...also first time reader.

My girlfriend and I just went through this. She is from the US and was on an ETA visa when we applied for our de facto partner visa in Sydney. The only difference to your situation it seems is that my girlfriend had been living here for over a year already on working visas and such when we applied. Due to certain situations at the time of applying ETA was her only option. There were no issues though.

If your application isn't approved at your appointment and you need to send in more information, they will give you a bridging visa in the case that your ETA might expire before being granted your de facto visa. If you end up using the bridging visa you still can't work unless you apply for and are granted working rights.

Hope this helps.


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Old 08-01-2010, 06:04 AM
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Originally Posted by Wanderer View Post
Hi td and welcome to the forum.

People have been known to apply for defacto visas while in Australia and as long as you do not have a "no further stay condition" on the visa which ETAs do not, you should if eligible and can show good evidence for that be OK.

The only problem that can arise is if on entry and an enquiry from an immigration or a customs chap or lass you blurt out I'm here to get married rather than just your intent to have a visit and a look around with your Gf.
Visas are supposed to be used for their intended purpose is the rules and a blatant admittance of your intention to misuse them is not well accepted.

It is cheaper btw for you to apply back in the US too.
What do you mean that it's cheaper? I have been on the Australian immigration website, and it states that applying from the U.S will cost close to $2000, but applying in Australia while holding an ETA it will only cost $300. If you know of any other way in which it would be cheaper to apply I would like to know.
Thanks.


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Old 08-01-2010, 08:36 AM
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Quote:
Originally Posted by truedoc33 View Post
What do you mean that it's cheaper? I have been on the Australian immigration website, and it states that applying from the U.S will cost close to $2000, but applying in Australia while holding an ETA it will only cost $300. If you know of any other way in which it would be cheaper to apply I would like to know.
Thanks.
Looks like you reckon the ETA will be get you through re the transitional temporary visa do you?
I doubt it.





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Old 08-01-2010, 01:26 PM
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Send my spouse away

[B][/B Hello ,,I am in a bad relationship with Spouse , she is here on a spouse visa , we have a young child together ,,,she has been here for 4 months and it has been a terrible relationship , what are my options , due I contact Immigration and ask to send her back to eastern europe ?
We are like cat and dog , so it will not last long


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Old 08-01-2010, 02:27 PM
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Quote:
Originally Posted by Tomm View Post
[B][/B Hello ,,I am in a bad relationship with Spouse , she is here on a spouse visa , we have a young child together ,,,she has been here for 4 months and it has been a terrible relationship , what are my options , due I contact Immigration and ask to send her back to eastern europe ?
We are like cat and dog , so it will not last long
It's not quite the way that it'll happen but if you and your wife separate you should advise Immi as she should too and they will review her situation if she decides she wants to stay in Australia.





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Old 08-01-2010, 05:50 PM
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Quote:
Originally Posted by truedoc33 View Post
What do you mean that it's cheaper? I have been on the Australian immigration website, and it states that applying from the U.S will cost close to $2000, but applying in Australia while holding an ETA it will only cost $300. If you know of any other way in which it would be cheaper to apply I would like to know.
Thanks.
I called the Embassy in Washington about the same thing, and they told me:-
1. If you enter Australia using an ETA tourist visa, but your intention is to apply for a permanent spouse or de-facto visa (309) - then you have actually, fraudulently entered the country......frowned upon by all countries, and you stand the risk of being asked to leave for a period of time. She said they cannot say NOT to do it...but...

2. She also said it cost more applying that way in Australia than it did applying in USA. (know it says differently in booklet - but call Embassy and check)

3. But the big thing is that you would not be allowed to work, whilst in Australia under an ETA - and would have to wait until you got granted your 309. If you did decide to travel to OZ using an ETA, and work there illegally, as with all countries - if discovered - you would probably be deported.

I have found Wanderer and the other Moderators on this site extremely knowledgeable and correct in their information, you can also call the Office Staff at the Embassy with any queries - hope this helps.

PS my US husband and myself (Australian) have applied for a 309 whilst still in US.


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Old 08-01-2010, 10:23 PM
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Quote:
Originally Posted by Wanderer View Post
It's not quite the way that it'll happen but if you and your wife separate you should advise Immi as she should too and they will review her situation if she decides she wants to stay in Australia.
Hello , thanks for your reply , She ( my sposue ) is NOT my wife , does that make a difference ?


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