Defacto visa - when to apply?

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Defacto visa - when to apply?


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Old 02-14-2010, 07:32 AM
 
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Defacto visa - when to apply?

Hi there,

I'm australian and I met my English boyfriend in jan 09 in London. When we met I had already made the decision I was moving back to aus in july 09. Things between my bf and I were serious from the beginning and we both knew that we didnt want to be apart. My bf moved to aus with me and we have been living together since july 09. He came over to aus with a working holiday visa which will end jul 29 2010 (one year after we arrived). We have a joint bank account and joint gym membership and have got loads of photos, xmas cards from his family to both us, our plane tickets from lon to syd.
My understanding is that we cannot apply for a defacto visa until his working holiday visa ends as that will be one year of living together, but does my bf have to go back to london as his current visa will have ended?

any help would be much appreciated.


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Old 02-14-2010, 02:03 PM
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Originally Posted by samiha View Post
Hi there,

I'm australian and I met my English boyfriend in jan 09 in London. When we met I had already made the decision I was moving back to aus in july 09. Things between my bf and I were serious from the beginning and we both knew that we didnt want to be apart. My bf moved to aus with me and we have been living together since july 09. He came over to aus with a working holiday visa which will end jul 29 2010 (one year after we arrived). We have a joint bank account and joint gym membership and have got loads of photos, xmas cards from his family to both us, our plane tickets from lon to syd.
My understanding is that we cannot apply for a defacto visa until his working holiday visa ends as that will be one year of living together, but does my bf have to go back to london as his current visa will have ended?

any help would be much appreciated.
First off have a good read of the visa info, Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801) especially the eligibility and applying for this visa sections, the latter also having a Checklist that is to be used, more info in Booklet #1

You'll see a 12 months relationship link in the eligibility section and a set of CAQ there, one in particular on having 11 months together, something of a warning on that.
Some people have considered leaving it until the day before or the day a visa like the WHV expires and putting in their application to get a bridging visa and the hope it may be considered that you're close to having the 12 months up.

If you were actually living together in London for a few months and can show evidence of a relationship starting over there, you'll be on a surer footing.

What about he doing some regional work or even WWOOF Australia to qualify for the second WHV or does he have any qualifications/skills that could see him perhaps get an employer sponsorship 457 visa - Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457)

The other thing that could apply depending on where in Oz you are is having a relationship registered and if in ACT, Victoria or Tasmania you can do it and by doing so you have the 12 months relationship requirement waived but you still need to provide evidence of a relationship and commitment to continuing etc.





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