Some questions how to conquer Oz on a defacto visa ;)

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Some questions how to conquer Oz on a defacto visa ;)


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Old 04-06-2010, 11:26 AM
Gee Gee is offline
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Some questions how to conquer Oz on a defacto visa ;)

Hello everyone

My name is Gee, 25 years old from Holland. I've been in a relationship with Dave, a New Zealand citizen who's living and working in Australia, since 1,5 years now. We've been living and travelling together all that time, in various country's and have the evidence to prove that (like matching passports/adresses, bank/witnessstatements,photo's etc ). Now we want to settle in Australia for a while, and work there. Since I already used my Working Holiday visa and do not apply to the conditions to get a second year working holiday visa, we're trying to get a Defacto visa for me. You guys have great tips and information on this forum, which already helped us a lot, but we still have a couple of questions.

- Is it indeed best to apply for the visa when I'm IN Australia?
I'm in Holland at the moment, for a month, visiting family and gathering evidence for our defacto visa application (we've lived here for 5 months as well). Dave is in Western Australia at the moment, I'm flying there in 3 weeks. I'm planning to go back on a tourist visa, apply for the defacto visa straight away, and then spend my 3 months waiting on a descision. What are you're thoughts about this?

- What's the deal with the bridging visa?
We've heard that as soon as you apply for a defacto visa you get a bridging visa till the desicion is made. Is this true? And if yes, can you work on this visa?
- Should we hire an immigration agent/lawyer?
We've looked into this but they cost a fortune and I'm not too sure if they actually improve the chance of succes that much. Is it possible to do on your own? Or did you guys have an agent/lawyer as well?

- When (and where) should I do my medical exam?
I read that one of the requirements is to do a medical exam. Do I need to do this in Australia when I'm applying for the visa or should I do this in Holland?

- What does the medical exam involve?
I know they need a lungphoto and an AIDS test but what are the other medical conditions?

Hope these questions aren't too silly, but this information would help us out a lot.

Have a great day everyone!

Gee


Last edited by Gee; 04-06-2010 at 01:32 PM. Reason: spelling faults and addition

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Old 04-07-2010, 06:02 AM
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Hey Gee,

You have a lot of questions but here is what I've dug up so far to help you out with some of them:

Info. on bridging visas:

http://www.immi.gov.au/allforms/pdf/1024i.pdf

Basically, if you apply for the spouse visa they will give you a bridging visa automatically to keep you in Oz until the visa has been processed, and it will come into effect once your current visa runs out. You will not be able to work, and will have the same conditons as the visa you held previously. You can get permission to work if you apply for it, but you need to show that you are in some kind of financial difficulty before they will grant you permission.

Applying for an onshore visa is actually more expensive and takes longer to process than if you did it offshore. Also, if you come on a tourist visa, it may have a 'no further stay' condition on it, which means you won't be able to get another visa in Oz when it runs out and would have to leave Oz to apply for another one. So, check the conditions on the tourist visa first. You may also run into problems at customs if they ask about your purpose of travel. You're real intention is to apply for a spouse visa, not to travel, so if they picked up on your lie somehow, you could be in trouble.

Medicals:

http://www.immi.gov.au/allforms/pdf/1071i.pdf

They are valid for 12 months from the date they are done. You could get them from you home country, but it must be done at a hosptial or medical centre nominated by DIAC. They have a list of authorised medical centres in each country, so check that out before you head out to get one done. They do a full check, including blood and x-rays. If you have any ongoing conditions that could be a drain on Oz's Medicare system, you may be refused a visa e.g. diabetes, hepatitis, tuberculosis, HIV.AIDS. You can get a waiver if you are found to have a serious condition, but you have to show that the condition will not be a burden on the health system (through doctor's reports on future prognosis and ability of the sufferer to lead a normal life etc) and that the applicant has adequate financial support. There is more detailed info. on the actual form that you fill out and give to the examining doctor, so check them out too.

Hope this helps


Last edited by aussiegirl; 04-07-2010 at 06:09 AM.

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Old 04-07-2010, 07:52 AM
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aba aba is offline
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Quote:
Originally Posted by Gee View Post
Hello everyone

My name is Gee, 25 years old from Holland. I've been in a relationship with Dave, a New Zealand citizen who's living and working in Australia, since 1,5 years now. We've been living and travelling together all that time, in various country's and have the evidence to prove that (like matching passports/adresses, bank/witnessstatements,photo's etc ). Now we want to settle in Australia for a while, and work there. Since I already used my Working Holiday visa and do not apply to the conditions to get a second year working holiday visa, we're trying to get a Defacto visa for me. You guys have great tips and information on this forum, which already helped us a lot, but we still have a couple of questions.

- Is it indeed best to apply for the visa when I'm IN Australia?
I'm in Holland at the moment, for a month, visiting family and gathering evidence for our defacto visa application (we've lived here for 5 months as well). Dave is in Western Australia at the moment, I'm flying there in 3 weeks. I'm planning to go back on a tourist visa, apply for the defacto visa straight away, and then spend my 3 months waiting on a descision. What are you're thoughts about this?

- What's the deal with the bridging visa?
We've heard that as soon as you apply for a defacto visa you get a bridging visa till the desicion is made. Is this true? And if yes, can you work on this visa?
- Should we hire an immigration agent/lawyer?
We've looked into this but they cost a fortune and I'm not too sure if they actually improve the chance of succes that much. Is it possible to do on your own? Or did you guys have an agent/lawyer as well?

- When (and where) should I do my medical exam?
I read that one of the requirements is to do a medical exam. Do I need to do this in Australia when I'm applying for the visa or should I do this in Holland?

- What does the medical exam involve?
I know they need a lungphoto and an AIDS test but what are the other medical conditions?

Hope these questions aren't too silly, but this information would help us out a lot.

Have a great day everyone!

Gee

Hi Gee,
You sure have a lot of questions.
I think you may need to do some extensive research or obtain some professional advice as it appears that you are going down the wrong track.
If your partner is a New Zealand Citizen who has only been living in Aus for a 1.5 years then you will not be applying for a spouse visa.
Good luck.

Raul T Senise Registered Australian Migration Agent, MARA No. 0636699
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Old 04-07-2010, 08:01 AM
Gee Gee is offline
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Wink

Thanks aussiegirl, this helps a lot

I don't think I can lodge my application here, too much evidence is still laying around in Australia for that. So I think we should just bite the bullet and pay the extra cost of doing it in Oz.

From the medical form I understand that this means I'm gonna have to do my medicals in Australia as well, cause you can only do these after your application has been lodged in.

And the visa thing... Think I'm just going to apply for a 6 or 12 months ETA visa so there's plenty of time for my defacto visa desicion. And tell the customs that I'm there to visit my boyfriend and travel around the country for a while. Thank god I'm a good liar...


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Old 04-07-2010, 08:19 AM
Gee Gee is offline
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Quote:
Originally Posted by aba View Post
Hi Gee,
You sure have a lot of questions.
I think you may need to do some extensive research or obtain some professional advice as it appears that you are going down the wrong track.
If your partner is a New Zealand Citizen who has only been living in Aus for a 1.5 years then you will not be applying for a spouse visa.
Good luck.

[SIZE="2"]Raul T Senise Registered Australian Migration [SIZE]
Hey Raul

There's is a bit of a misunderstanding due to my confusing writing (dutch eh? ) My boyfriend and I have been together for 1,5 year, and he has been working and living of and on in Oz for the last 4 years now. But he is still an NZ citizen, with a special category visa. I thought that with this he's automatically an eligible NZ citizen?


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Old 04-07-2010, 08:49 AM
Gee Gee is offline
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ok, because of Raul's comment I did some more digging and discovered that I indeed was going down the wrong track. Turns out that Dave isn't a eligble NZ citizen cause he's only there on a temporary (subclass 444) visa. So the visa I should be trying to get is a 461 visa.

The requirements are basically the same though, we still have to prove our relationship and I still need to undergo medical and police checks.

So my questions still stand.

Thanks for that Raul!


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