DeFacto Temporary Visa & Travelling

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DeFacto Temporary Visa & Travelling


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Old 03-08-2010, 11:09 AM
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DeFacto Temporary Visa & Travelling

Hello everybody!

I read a couple of hundreds of post and they answered most of my questions. However, I have still one question regarding the De Facto Temporary Visa.

Once you´re granted with this 2 year temporary Visa, are you...
...allowed to travel? For how long?
...can you work interstate and be separated from your partner during certain times (weeks/months)?


I´m very curious to know if my job involves lots of international travel if I would be able to feel free for going anywhere or I would be convicted to remain in Australia.

Thanks for the answers!


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Old 03-08-2010, 12:54 PM
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Quote:
Originally Posted by iko. View Post
Hello everybody!

I read a couple of hundreds of post and they answered most of my questions. However, I have still one question regarding the De Facto Temporary Visa.

Once you´re granted with this 2 year temporary Visa, are you...
...allowed to travel? For how long?
...can you work interstate and be separated from your partner during certain times (weeks/months)?


I´m very curious to know if my job involves lots of international travel if I would be able to feel free for going anywhere or I would be convicted to remain in Australia.

Thanks for the answers!
Defacto visas, be they temporary or permanent usually give a defacto equal rights to the primary applicant, and for instance if your partner was on a student visa and has just 20 hrs./wk. work allowed, that is all you would be allowed also.
If however your partner is on a 457 visa then you can find whatever work you can find and as much of it as you like.

Likewise you'll be free to travel to and from Australia for the validity of the visa as all temporary visas other than some visitor visas allow.





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Old 03-08-2010, 10:54 PM
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Thanks Wanderer for your answer.

My partner is Australian so I think I won´t have any work restriction as you said.

My question was pointing more in the case I have a temporary job for one month (for example) in another part of Australia or if I´m travelling to see my family overseas for 3 months.

I would like to know if Immigration are very concerned of the separated time between us during the 2 year temporary visa.

Thanks.


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Old 03-09-2010, 05:04 AM
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Hi Iko,

Generally, travelling on the temporary visa is fine and isn't viewd suspiciously by DIAC. Obviously with foreign spouses in Australia, they want to visit family back home, and others want to go on holiday. They would only get suspicious if the couple made no effort to keep in touch while appart, or if you didn't notify your spous of your travel plans. Of course, genuine couples who love eachother would tell eachother what they had planned and would call, e-mail, msn etc like crazy because they miss eacother.

So, in short, you are free to travel, just make sure you keep records of any contact you have with your spouse during that time, and other records/ bank statements that could show any joint payments or expenses.

Hope this puts you at ease


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Old 03-09-2010, 10:52 PM
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Quote:
Originally Posted by iko. View Post
Thanks Wanderer for your answer.

My partner is Australian so I think I won´t have any work restriction as you said.

My question was pointing more in the case I have a temporary job for one month (for example) in another part of Australia or if I´m travelling to see my family overseas for 3 months.

I would like to know if Immigration are very concerned of the separated time between us during the 2 year temporary visa.

Thanks.
Just in addition to what AussieG has said, I take it now how you mean the two year period from when you've been granted a defacto temporary partner visa up until getting permanenet residency.

You can see how easy it is to answer a question in a different way if not full info is provided.

But yes, no problems with what you mention for they are the kind of trips any couple can do and if your partner visa was applied for from outside of Australia, you can either be in or out when granting for PR falls due whereas if it was one applied for/granted in Australia you need to be in Australia, but that really of no concern if you're making temporary trips abroad.

And I'd just suggest that you just do whatever you do as a couple and not really even a need to record too much at all though if you keep a diary or blog, you'll have references to trips and stuff anyway but the essential thing to be checked in two years time will be that you are in fact living together as a couple and can show supporting evidence of that.





Last edited by Wanderer; 03-09-2010 at 10:58 PM.

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Old 03-11-2010, 08:16 AM
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wow, thanks for all the useful info and prompt answer aussiegirl & Wanderer!

Another couple with this temporary De Facto visa explained me I would only be able to leave Australia 2 months every year and I need to ask for permission to my Case Officer to leave the country. Not sure how real is that.

I will apply in Australia and if I get the visa I´d probably need to go overseas for 2 or even almost 3 months. It´s to visit family but big part of this time would be for work. My partner would be most of this time in Australia at work. So we will have a few weeks appart. I am worried for all the time far from each other in case Immigration see it as a fake couple.


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Old 03-11-2010, 10:55 AM
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Originally Posted by iko. View Post
wow, thanks for all the useful info and prompt answer aussiegirl & Wanderer!

Another couple with this temporary De Facto visa explained me I would only be able to leave Australia 2 months every year and I need to ask for permission to my Case Officer to leave the country. Not sure how real is that.

I will apply in Australia and if I get the visa I´d probably need to go overseas for 2 or even almost 3 months. It´s to visit family but big part of this time would be for work. My partner would be most of this time in Australia at work. So we will have a few weeks appart. I am worried for all the time far from each other in case Immigration see it as a fake couple.
I've never heard of any restriction re movements when you're on a defacto visa Iko and if you actually have a read of the Immi defacto visa eligibility section which you need to do anyway seeing as you're yet to apply you'll see references under Relationship re qualifying that whereas to be in a relationship/living together, it also acknowledges that there can be temporary separations.
Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100)
And click on the 12 months relationship link and you'll find further reference under CAQ re work situations.

So if all that is an acceptable way of life in qualifying for a partner visa, I'd see no reason nor logic for Immi to think it could not also be so when a couple are together anytime and there are people whose lives are exactly having a base and one or even both doing significant travelling, our own politicians a prime example but professionals doing it for longer periods.

When you say you'll apply in Australia, have you considered what visa you'll be using to get here, for if it'll be a tourist visa, they can have what is called a No Further Stay condition placed on them which basically stops you from applying for another visa.
If you're eligible for an ETA, that may be possible but Immi are not receptive to people arriving on a visitor visa for purposes other than visiting.

In applying for a temporary visa, you're also applying for a permanent visa at the same time, assessment for that to occur after two years on TR.
It can also take a number of months and in fact quite a few for a partner visa to be processed onshore, and you would be restricted from working during that period, so that may be something you need to take into account.





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Old 03-11-2010, 01:24 PM
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I´m currently in Australia with an Student Visa. I have wondered the idea of going overseas and applying from there if it would be faster and/or cheaper.

I read several times the info of Immigration´s website. I didn´t find the information there neither reading post in this forum, that´s why I decided to start this thread.

Thanks for the help.


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Old 03-11-2010, 04:08 PM
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Quote:
Originally Posted by iko. View Post
I´m currently in Australia with an Student Visa. I have wondered the idea of going overseas and applying from there if it would be faster and/or cheaper.

I read several times the info of Immigration´s website. I didn´t find the information there neither reading post in this forum, that´s why I decided to start this thread.

Thanks for the help.
OK,
If you're already in Australia, you can apply onshore and whilst some partner visas can be processed reasonably quickly overseas, anything from a walk in for lodgement/interview and same day grant to a few months , they can also take many months depending on application, what country you're from and where you lodge application.

Likewise, time taken in Australia can also vary and the main thing for any application is that you have good supportive evidence of the relationship and a well presented, complete and accurate application.

A partner visa done overseas is about $800 cheaper than doing it in Australia.





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Old 03-17-2010, 01:32 PM
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Hi again,

I checked again the travel time allowance for the De Facto Visa and I finished with this:

-When in a De Facto Temporary Visa: Only allowed to leave Australia for periods of not more than 2 months in total per year.

-After 20 months from you were granted the temporary visa you receive a letter with a few questions to check that the relationship continues. Not pictures or bills necessary this time. And just return it by post. Once you´re granted with a Permanent Visa you have a period of 5 years and allowed to multiple exit/entry but not more than 3 months each trip. In this case there is no limitation for how many times you travel overseas, only in the duration of these.

I think this info would be helpful for other people who may find this post after a search.


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