getting 12 month qualifying before defacto

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getting 12 month qualifying before defacto


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Old 04-14-2010, 11:37 AM
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getting 12 month qualifying before defacto

Hi

I was going to apply for a 12 month tourist visa and then after 12 months of cohabiting and meeting all other conditions of the defacto visa apply for a one, but just thought I would be applying for the 12 month visa in UK, so the first week or so I may not actually be living with my partner, has anyone else come across this situation and if so do they know if government will waive the few weeks we are apart as long as I can prove contact?, the only other thing I thought of was to travel on an ETA and apply for 12 month one in Australia but that is a bit risky due to 3 month limit on ETA.

Thanks


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Old 04-14-2010, 11:51 PM
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Originally Posted by wimo View Post
Hi

I was going to apply for a 12 month tourist visa and then after 12 months of cohabiting and meeting all other conditions of the defacto visa apply for a one, but just thought I would be applying for the 12 month visa in UK, so the first week or so I may not actually be living with my partner, has anyone else come across this situation and if so do they know if government will waive the few weeks we are apart as long as I can prove contact?, the only other thing I thought of was to travel on an ETA and apply for 12 month one in Australia but that is a bit risky due to 3 month limit on ETA.

Thanks
I think you'll find a 12 months tourist visa 12 months period does not start ticking over until you enter Australia and in fact some 12 months tourist visas may have a latest enter by date about 12 months out from date of issue and allow for up to 12 months from latest entry, so in fact one can get near two years by travelling shortly after issue as you intend and then taking a short return trip to NZ just prior to latest entry date.

You'll likely need to plan on something like that anyway for you could find [ most likely ] that the tourist visa will have a No Further Stay condition which will mean you cannot apply for a further visa, including the defacto one.

There's a couple of approaches you may want to consider:
. You and yours get the 12 months near up and have application ready to submit and take a short trip to NZ, together with the application and on reaching 12 months you submit there - I've heard of people there ringing for an appointment, going in next day and getting a visa granted same day, not to say it'll always happen but if it does you'll be about $800 better off.

. You make a short trip to NZ to return and stay longer but then you'll still need to leave to submit abroad or return on an ETA to be able to submit onshore.

Whatever way you do it, you'll have no working rights all that time.

Another possibility depending on Australian location [ ACT, Vic. & Tas. at least for now ] is to do a relationship registration, an alternative to a marriage certificate and that'll waive the 12 months relationship requirement and thus you could travel to NZ earlier, either to submit or to return on an ETA.

With a 12 mths. relationship waiving you'll still need to submit relationship evidence, a read of Booklet #1 and using the Checklist in the applying for this visa section of the Immi site info a good idea.





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Old 04-15-2010, 11:39 AM
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Originally Posted by Wanderer View Post
I think you'll find a 12 months tourist visa 12 months period does not start ticking over until you enter Australia and in fact some 12 months tourist visas may have a latest enter by date about 12 months out from date of issue and allow for up to 12 months from latest entry, so in fact one can get near two years by travelling shortly after issue as you intend and then taking a short return trip to NZ just prior to latest entry date.

You'll likely need to plan on something like that anyway for you could find [ most likely ] that the tourist visa will have a No Further Stay condition which will mean you cannot apply for a further visa, including the defacto one.

There's a couple of approaches you may want to consider:
. You and yours get the 12 months near up and have application ready to submit and take a short trip to NZ, together with the application and on reaching 12 months you submit there - I've heard of people there ringing for an appointment, going in next day and getting a visa granted same day, not to say it'll always happen but if it does you'll be about $800 better off.

. You make a short trip to NZ to return and stay longer but then you'll still need to leave to submit abroad or return on an ETA to be able to submit onshore.

Whatever way you do it, you'll have no working rights all that time.

Another possibility depending on Australian location [ ACT, Vic. & Tas. at least for now ] is to do a relationship registration, an alternative to a marriage certificate and that'll waive the 12 months relationship requirement and thus you could travel to NZ earlier, either to submit or to return on an ETA.

With a 12 mths. relationship waiving you'll still need to submit relationship evidence, a read of Booklet #1 and using the Checklist in the applying for this visa section of the Immi site info a good idea.
Thanks for that info! I assumed 12 month visa would be like an ETA where the date you apply is the start date, I hoped at the end of the 12 months I could return to UK and apply for defacto, but better be careful now you have mentioned this may not be possible...might have to go down the NZ route. thanks.


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