Applying for a defacto visa on a 3 month tourist visa

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Applying for a defacto visa on a 3 month tourist visa


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Old 04-13-2010, 03:41 AM
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Applying for a defacto visa on a 3 month tourist visa

Hi there, I hope someone can help

I met by Kiwi boyfriend whilst on holiday in Australia in April 2009 and commenced a long distance relationship. My boyf came to England in July and then brought me back to Australia in August 2009 on a 12 month visitor visa. I have lived here with my boyfriend and our cat happily ever since. Incidentally, the boyf has lived here permanently for 15 years.

I will be returning to the UK for a month at the end of July and will then apply for a 3 month visitor visa to come back to Oz. We will immediately submit a defacto application to the immigration department as by then we will be able prove we have lived together in Australia for a full 12 months (but we will have been together for a total of 16 months).

We wondered whether there could be any complications re-entering on a holiday visa when it is my real intention to stay permanently with my boyfriend. I don't want to apply offshore as we can't bear to be apart.

Whilst writing, if I submit an application on a 3 month visa, what are the chances my visa will expire before a decision is reached and would I have to leave the country?

Any advice would be appreciated.

Cheers, Maggie


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Old 04-13-2010, 07:37 AM
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Hi Maggie,

It should be no problem to apply for an onshore spouse visa once in Australia. But, just make sure the tourist visa doesn't have any 'no further stay' restriction. If it does, then you would have to leave Oz before you could apply for another visa. It is possible to get a waiver of this condition, but they don't like to do this too often and you have to give them very good reasons as to why they should give it to you. If they ask you what your intentions are when you come through the airport, you have to be careful what you say, as they don't look favourably on those who come as trourists but intend to apply for residency.

If you apply for the onshore spouse visa, they will give you a bridging visa which will come into effect after your tourist visa runs out. It'll enable you to stay unitl they make a decision on you application. It'll have the same conditions as the tourist visa though, so you won't be able to work.

Hope this is useful


Last edited by aussiegirl; 04-13-2010 at 07:41 AM.

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Old 04-14-2010, 05:21 AM
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Hi there and thank you so much for your advice. Do you have any suggestions as what to say when coming back through customs?


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Old 04-14-2010, 05:50 AM
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Originally Posted by maggiemay View Post
Hi there and thank you so much for your advice. Do you have any suggestions as what to say when coming back through customs?
There is a very high possibility of a standard tourist visa having a No Further Stay condition on it and the chances of getting a waiver a very remote, details @ Australian Immigration Fact Sheet 52b. Waiving Visa Condition 8503 - "No Further Stay"

Some people elect to use an ETA - Electronic Travel Authority (ETA) - Online Applications in attempting to get around the NFS as they are apparently less likely to have a NFS though you could be questioned as to your intent after having been here for 12 months already, and perhaps it is just that Australia is such a huge place and an ETA would also allow you to spend some time in New Zealand and do a re-entry.

I've read where people in the UK apply for an ETA, the online system automatically defaults to an eVisa which again may have an NFS and apparently by visiting a visa/travel agency you can get an ETA processed.





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Old 04-14-2010, 07:29 AM
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Thanks ever so much for that advice. I've just had a quick look at the ETA online applications and European passport holders do indeed default to evisa. I will therefore once back in the UK, try to get a ETA processed through a travel agency.

Whilst writing, in the event my defacto application is not processed within 3 months and I have to l leave the country, will this pose any problems?


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Old 04-15-2010, 12:15 AM
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Originally Posted by maggiemay View Post
Thanks ever so much for that advice. I've just had a quick look at the ETA online applications and European passport holders do indeed default to evisa. I will therefore once back in the UK, try to get a ETA processed through a travel agency.

Whilst writing, in the event my defacto application is not processed within 3 months and I have to l leave the country, will this pose any problems?
The normal situation is that when an onshore visa can be applied for, a bridging visa is automatic in the event of the existing visa ceasing but check that when you lodge the partner visa.





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Old 04-15-2010, 12:47 AM
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Will do, thanks very much for your help.


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