Assistance with Defacto Visa.

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Assistance with Defacto Visa.


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Old 02-01-2010, 11:23 AM
 
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Assistance with Defacto Visa.

Hi everyone,

I'm looking for some advice, I'm applying for a Defacto visa with my partner. My partner has a Permanent residency visa, Though he doesn't gain "permanent residency" until he's lived in the country for 2 years. In the past he has spent on and off 18 months here.

We met in the UK a couple of years ago and around a year ago we moved here together. I'm on a working holiday visa which is due to expire in the near future and we would like to apply for a Defacto visa.

As my partner isn't a fully fledged permanent resident for another 6 months, is it possible for him to bring me over as my sponsor using his visa?

Many thanks for your help!


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Old 02-01-2010, 01:56 PM
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First of all, what PR visa is he actually on that does not give him PR until he has two years up for PR is PR.





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Old 02-02-2010, 12:51 AM
 
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One of his parents were sponsored to work over here, I'm unsure of the subclass. He was sponsored by the company he was working for and he sponsored the rest of his family. Apparently they all had to live here for 2 years in the space of 5 years for the "pr" to be officially granted?

I wondered whether the fact he still has 6 months left would be a problem, as his parent hadn't done the full 2 years before he sponsored the rest of their family to come over. I may be reading too much into this so apologies!

We just don't want to spend $2.5k to then find out we aren't able to.

Many thanks for any help/advice you can give!

Kirsty


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Old 02-02-2010, 01:55 AM
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Hi Kirsty,
what you say makes little sense, there is no such thing as half PR or full PR. It might be that your partner's parents have come here on an employer sponsored temporary visa and are hoping to apply for PR after working in Au for two years. It also seems that your Partner was not 'sponsored' but came with his parents as a dependant, therefore, on the same temporary visa. Why don't you look into his passport, find the visa label and tell us what it says. Then we might be able to share some thoughts.
Regards,
Dorota


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Old 02-02-2010, 02:52 AM
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Re
Quote:
Apparently they all had to live here for 2 years in the space of 5 years for the "pr" to be officially granted?
And further to what Dorota says, it could be that you're getting confused with the parent having an employer sponsorship, possibly a 457 visa that can lead to application for a permanent residency visa after two years but until that is done there is no PR for the primary applicant nor dependants and your partner would need to be a classified as a dependant for him to get PR.

Then there used to be a two year in 5 requirement in respect to someone attaining citizenship [ which has changed] but that would involve already being PR.

We really need clearer info to help.





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Old 02-02-2010, 04:37 AM
 
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Hi everyone,

Thanks so much for your help so far and for bearing with me!
We looked in his passport and it says he's on a subclass 121. It was granted in 05.
I looked at the visa online and it's for highly skilled workers? I checked the whole site for where it says about the 2 years in the 5 year time frame and I couldn't find it.
He would've been a dependent when the visa was applied for and granted and his parents have been here for 5 years this year.

Also it says :Conditions Mig.Regs.Sched.8.

I googled it and apparently it just means that he is not to enter the country before the main applicant.

This whole thing could just be a case of confusion on his parents part..

Thanks so much for your help so far,

Kirsty


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Old 02-02-2010, 08:45 AM
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Quote:
Originally Posted by Kirstx View Post
Hi everyone,

Thanks so much for your help so far and for bearing with me!
We looked in his passport and it says he's on a subclass 121. It was granted in 05.
I looked at the visa online and it's for highly skilled workers? I checked the whole site for where it says about the 2 years in the 5 year time frame and I couldn't find it.
He would've been a dependent when the visa was applied for and granted and his parents have been here for 5 years this year.

Also it says :Conditions Mig.Regs.Sched.8.

I googled it and apparently it just means that he is not to enter the country before the main applicant.

This whole thing could just be a case of confusion on his parents part..

Thanks so much for your help so far,

Kirsty
Yep, that clarifies things Kirsty and a 121 visa is a PR visa meaning that the family were all permanent residents as soon as they validated it by entering Australia.
In 2005 there was still a two year requirement for Citizenship and though that has changed, anyone under the old regulations has up until June this year to apply for citizenship so it is something you ought to mention to the family - Australian Citizenship – Becoming an Australian Citizen

So back to your original question, I think if he checks his own passport he may find he is already a PR and a call to Immi could confirm that quick enough - Ph. 131881.
That being so, he will be eligible to be a sponsor for you on a partner visa and if you check out all the eligibility and applying details on Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801) including the Booklet #1, you'll see the level of detail required to be successful, quite a lot of information re evidence of your relationship to be collated.

Also make good use of the Checklist in the Applying for this Visa section.

A further aside is that if the family's PR visa has now expired [they're good for just five years] that'll mean without citizenship and a passport any further travel outside of Australia will require a Right to Return Visa - http://www.immi.gov.au/migrants/residents/155/ , there being conditions on them too so a good reason to get citizenship ASAP.





Last edited by Wanderer; 02-02-2010 at 09:02 AM.

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