De Facto Spouse visa for a couple of youngsters :)

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De Facto Spouse visa for a couple of youngsters :)


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Old 02-09-2010, 01:06 PM
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Red face De Facto Spouse visa for a couple of youngsters :)

Hi there,

Me and my boyfriend are about to apply for a defacto spouse visa for Australia. We've been reading a lot about it, but there's still a few things that I hope you can help us with!

I'm Danish and my boyfriend is an Australia citizen. We're both 22 years old and are currently living and working in Copenhagen. We've been together since April 2008, lived together since August 2008. We met in Australia where I was on a Working Holiday Visa. When it expired, we travelled around India for 7 weeks before coming to Copenhagen in April 2009, where we've been since then. My boyfriend is on a Working Holiday Visa here which expires in April this year. He is going back home to Perth in May and we would like to apply for our visa before then.

He is going to be acting as my sponsor, and I've been wondering whether it's an issue that he hasn't got a lot of money (and no real estate, shares, etc.). We've been travelling a lot in the last few years. Will it be an issue?

Also, it says on the Berliner Embassy website that you have to submit police clearances from countries where you have spent at least 12 months in the last 10 years. How would I get a police clearance from Australia when I now live in Denmark?

Any help is greatly appreciated!

Eva&Joel


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Old 02-09-2010, 03:17 PM
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Dear Eva and Joel,

Re: police check: it's simple: print the form, fill it out, make a copy of your i.d document (passport), enclose a cheque or money order for $43.00 (from a bank that is associated with an Au bank or get someone from Au to write a cheque for you), send it to the address on the form.
http://www.afp.gov.au/__data/assets/...ation_form.pdf

Re: Sponsorship and Assurance of Support: these are two different concept. Your boyfriend can be a sponsor regardless of how poor he is. However, the poorer he is the more likely it is that DIAC will ask you to provide an Assurance of Support. Anybody living in Au permanently can provide an AoS if they have worked in the last two years and have sufficient income. This could be a member of a family or a total stranger or two people together. It usually involves a refundable bond of $5,000 (earning little interest for two years) and an undertaking that the person who is providing an AoS will repay any government benefits that you may obtain from Centrelink within two years.
Hope it clarifies the issue.
Dorota


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Old 02-09-2010, 11:15 PM
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Quote:
Originally Posted by retrolina View Post
Hi there,

Me and my boyfriend are about to apply for a defacto spouse visa for Australia. We've been reading a lot about it, but there's still a few things that I hope you can help us with!

I'm Danish and my boyfriend is an Australia citizen. We're both 22 years old and are currently living and working in Copenhagen. We've been together since April 2008, lived together since August 2008. We met in Australia where I was on a Working Holiday Visa. When it expired, we travelled around India for 7 weeks before coming to Copenhagen in April 2009, where we've been since then. My boyfriend is on a Working Holiday Visa here which expires in April this year. He is going back home to Perth in May and we would like to apply for our visa before then.

He is going to be acting as my sponsor, and I've been wondering whether it's an issue that he hasn't got a lot of money (and no real estate, shares, etc.). We've been travelling a lot in the last few years. Will it be an issue?

Also, it says on the Berliner Embassy website that you have to submit police clearances from countries where you have spent at least 12 months in the last 10 years. How would I get a police clearance from Australia when I now live in Denmark?

Any help is greatly appreciated!

Eva&Joel
Hi Eva & Joel,
And just further to what Dorota has said, it is probably advisable to wait until Joel is just about ready to return to Australia to put your application in for whilst travelling together is a good indication of the time you have known oneanother it is not always going to be considered as part of a 12 months relationship, details @ Australian Immigration Fact Sheet 35. One-Year Relationship Requirement
Quote:
My partner and I met when we were travelling around the world and realise now that we want to remain together. Does our time travelling together count towards the one year requirement?

When a person applies for a partner visa and are not married to each other, they must be able to provide evidence that for at least 12 months prior to making the application:

•they had a mutual commitment to a shared life to the exclusion of all others
•the relationship between them was genuine and continuing
•they had been living together or had not been living separately and apart on a permanent basis.
If your relationship has been on a more casual basis – eg. you travelled together and shared accommodation, but you each had your own money, paid your own expenses and made no long term plans for your future until recently – you may not be able to meet the one-year relationship requirement.

You may need to establish your relationship for a longer basis before you make the decision to apply for partner migration.
In addition to the Berlin Embassy site, make sure you have a good read of the Immi site info, especially eligibility & applying for this visa sections, using the Applying section Checklist and Booklet #1 has considerable detail. - Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100)

You'll find details re health and police checks there too and no reason why you can not get the AFP check underway now and perhaps for the Australian Bank cheque payment Joel's family in Perth could be used to route the application.

If they have a question re his sponsorship they'll raise that as part of the application being processed and so by waiting until just before he leaves, he could be back in Australia to arrange his parents or whomever for AoS if needed and even then a security deposit is probably rarely required.





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Old 03-03-2010, 06:41 AM
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Thank you both for your answers! We have been living together for more than 1,5 years, we just went travelling for a few months in between moving from Aus to Denmark.

When you say to make a copy of your passport, do you mean all pages inc. the cover, or just the information page? And does it need to be certified.

Thanks,
Eva


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Old 03-03-2010, 08:10 AM
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Quote:
Originally Posted by retrolina View Post
Thank you both for your answers! We have been living together for more than 1,5 years, we just went travelling for a few months in between moving from Aus to Denmark.

When you say to make a copy of your passport, do you mean all pages inc. the cover, or just the information page? And does it need to be certified.

Thanks,
Eva
If you have evidence Eva of living together in Australia while you were here that will certainly show you having the 12 months together.

As for the passport copy, just your ID page is necessary and I cannot see why the copy to send for your police clearance would need to be certified for it is going to be a check against that ID and then the clearance going in with your visa application will have you identified OK.
It is normal to have a documernt copies certified for your visa application and seeing as that ought to be done for your passport page, if it costs no more to get additional copies certified, you could still send one.





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