Girlfriend coming from USA - Work and Holiday / Defacto Partner visa - Page 2

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Girlfriend coming from USA - Work and Holiday / Defacto Partner visa - Page 2


Closed Thread
 
LinkBack Thread Tools
  #11 (permalink)  
Old 01-29-2011, 05:29 AM
Wanderer's Avatar
Senior Member
 
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
For Mrsme
The 462 will be a lot cheaper initially and you'll have the opportunity to seek work with it obviously and you may even be able to find an employer sponsor though you'll need to check your visa grant confirmation advice as 462s may have restrictions on applying for further skilled visas.
But in any case, you can get close to 12 months together.

There does seem to have been a slight change in wording of the partner visa infornation since this thread was started and they now say you should have at least 12 months together so that may mean to be safe, in the last week of your 462 you book a flight for NZ, Fiji or wherever and on arrival you apply online for an ETA to return as a visitor, you wanting to see more of Australia obviously and then the additional three months of an ETA allows you past the 12 months.

And for angelamen
There used to be a possibility of people being able to book a lodgement appointment and an interview of sorts may have taken place but that provision no longer exists.
Some people with good applications do not even get required to do an interview.





  #12 (permalink)  
Old 01-29-2011, 07:08 AM
Active Member
 
Join Date: Jul 2010
Posts: 6
Please update your flag here .

Hi Angelaman

We applied for our visa application in Perth weeks ahead. That was August of last year, so Im not sure when they stopped taking appointments/interviews as Wanderer said.
On the day we applied, they interviewed us both, looked through our application and told us to wait up to 6-8 months.
Our visa was actually approved 2 weeks ago, so it took just over 5 months.

One interesting thing that sped up our application, is we applied to extend my girlfriends employment, as on her current visa you can only work for one employer for 6 months. So whilst waiting for a decision on her defacto application, we sent in the appilcation form to extend her employment around the 4.5 month mark.
Her case officer rang her 3 days later and said that employment extensions are usually quite hard to process, and she might just approve her visa instead. So that certainly hurried things up for us.


  #13 (permalink)  
Old 01-29-2011, 08:05 AM
Active Member
 
Join Date: Jan 2011
Posts: 14
Please update your flag here .

thanks so much for reply

Quote:
Originally Posted by Wanderer View Post
For Mrsme
The 462 will be a lot cheaper initially and you'll have the opportunity to seek work with it obviously and you may even be able to find an employer sponsor though you'll need to check your visa grant confirmation advice as 462s may have restrictions on applying for further skilled visas.
But in any case, you can get close to 12 months together.

There does seem to have been a slight change in wording of the partner visa infornation since this thread was started and they now say you should have at least 12 months together so that may mean to be safe, in the last week of your 462 you book a flight for NZ, Fiji or wherever and on arrival you apply online for an ETA to return as a visitor, you wanting to see more of Australia obviously and then the additional three months of an ETA allows you past the 12 months.

And for angelamen
There used to be a possibility of people being able to book a lodgement appointment and an interview of sorts may have taken place but that provision no longer exists.
Some people with good applications do not even get required to do an interview.
Wanderer, I have read a lot of replies you wrote on this site, they were really useful. My case is a little different from others. I overstayed my visa for 5 years before I met my husband and we applied 820 in melbourne last year in June. We have been together for almost 2 years and married for 8 months. In the checklist that my case officer gave me, there are a lot of things we can't provide. My husband is australian born citizen and is a lot older than me and been married once before. He owned his own house, car, everything, so we don't have anything owned together. I don't work, my husband does shares at home, we live on the farm, so we are together 24-7, which means we don't have phone calls or sms between us, no letters or emails to each other. We do have a joint bank account but never really used it. We do have a lot of photos with friends and his family.
My concern is are all those going to affect the decision on my visa? We think the most effective way for us is to have an interview with the officer so they know we are real. Do you think our case has a lot of disadvantages? So sorry to use up your time, thank you.
Angela


Sponsored Links
Advertisement
 
  #14 (permalink)  
Old 01-29-2011, 08:08 AM
Active Member
 
Join Date: Jan 2011
Posts: 14
Please update your flag here .

thanks so much for reply

Quote:
Originally Posted by Mike383 View Post
Hi Angelaman

We applied for our visa application in Perth weeks ahead. That was August of last year, so Im not sure when they stopped taking appointments/interviews as Wanderer said.
On the day we applied, they interviewed us both, looked through our application and told us to wait up to 6-8 months.
Our visa was actually approved 2 weeks ago, so it took just over 5 months.

One interesting thing that sped up our application, is we applied to extend my girlfriends employment, as on her current visa you can only work for one employer for 6 months. So whilst waiting for a decision on her defacto application, we sent in the appilcation form to extend her employment around the 4.5 month mark.
Her case officer rang her 3 days later and said that employment extensions are usually quite hard to process, and she might just approve her visa instead. So that certainly hurried things up for us.
Hi mike383, thanks for your reply. I have read a few of cases where Perth did accept interview on the day of application. I have been waiting for 7 months now in melbourne, it seems really long and really stressful. Congrats to you guys, that was lucky. Did you guys submitted 2 of 888 forms too?


  #15 (permalink)  
Old 01-29-2011, 12:35 PM
Wanderer's Avatar
Senior Member
 
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
Quote:
Originally Posted by angelamen View Post
Wanderer, I have read a lot of replies you wrote on this site, they were really useful. My case is a little different from others. I overstayed my visa for 5 years before I met my husband and we applied 820 in melbourne last year in June. We have been together for almost 2 years and married for 8 months. In the checklist that my case officer gave me, there are a lot of things we can't provide. My husband is australian born citizen and is a lot older than me and been married once before. He owned his own house, car, everything, so we don't have anything owned together. I don't work, my husband does shares at home, we live on the farm, so we are together 24-7, which means we don't have phone calls or sms between us, no letters or emails to each other. We do have a joint bank account but never really used it. We do have a lot of photos with friends and his family.
My concern is are all those going to affect the decision on my visa? We think the most effective way for us is to have an interview with the officer so they know we are real. Do you think our case has a lot of disadvantages? So sorry to use up your time, thank you.
Angela
Just to clarify Angela, when you say you have overstayed a visa you had by five years before you met your husband and now you have applied onshore for the 820, did you in fact leave Australia at some stage and then were granted a visa to return on that did not have a No Further Stay condition that allowed you to apply for the 820?

If so, you can count yourself extremely lucky and if you have just applied for an 820 visa without doing anything about your overstaying, you may be in for a bit of a shock because they could decide to deport you I would have thought.

Your husband being previously married has no real impact on hom being eligible as a sponsor and for a partner visa it'll be a case of you having to provide whatever you can by way of information on you having been together, be it correspondence from anyone or whatever.
But the key thing as I've said is going to be whether you have just ben here illegally or not and were in fact eligible to apply whilst onshore.





  #16 (permalink)  
Old 01-29-2011, 10:20 PM
Active Member
 
Join Date: Jan 2011
Posts: 14
Please update your flag here .

Quote:
Originally Posted by Wanderer View Post
Just to clarify Angela, when you say you have overstayed a visa you had by five years before you met your husband and now you have applied onshore for the 820, did you in fact leave Australia at some stage and then were granted a visa to return on that did not have a No Further Stay condition that allowed you to apply for the 820?

If so, you can count yourself extremely lucky and if you have just applied for an 820 visa without doing anything about your overstaying, you may be in for a bit of a shock because they could decide to deport you I would have thought.

Your husband being previously married has no real impact on hom being eligible as a sponsor and for a partner visa it'll be a case of you having to provide whatever you can by way of information on you having been together, be it correspondence from anyone or whatever.
But the key thing as I've said is going to be whether you have just ben here illegally or not and were in fact eligible to apply whilst onshore.
Thank you for your reply wanderer. As you said, I was being very cautious before I applied 820. I never left the country. My husband went into immigration first to ask what to do with my situation, they told him the only right thing to do is to go there myself and get a bridge visa first in order to be in australia legally. That was what we did and I got a bridge visa E straight away. Then we applied my 820 like anyone else provided that we had to have two 888 forms. My friend told me this change of policy where you can apply parter visa even if you overstayed. But of course you can't have any criminal record previously.
We tried to find everything we can to prove that we are really together, however I was just worried that they were not enough. My husband is not worried at all because he's confident that we'll be fine, haha.
Angela


  #17 (permalink)  
Old 01-30-2011, 01:42 AM
Wanderer's Avatar
Senior Member
 
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
I have never been so clear myself Angela on the issuing of Bridging Visas other than the A & B for there does seem to be quite an ammount of information written about the D & E, I to be honest do find a bit difficult to understand.

It nearly seems to some extent that they are saying look, you can infringe on a visa and not leave and we'll grant you a bridging visa which seems very different to the whole purpose of normal visas.
Perhaps, when you went and saw them, they have acknowledged you being married even if for a short time and seeing if they indicated you needed to leave or they deported you, your next step would be to apply for an offshore partner visa, they have in a moment of extraordinary kindness decided to not just let you stay but also apply for the partner visa.
That you have not heard from them since submission of the application is a bit concerning and you say the CO gave you a Checklist, so do you know whether they have actually accepted your application for processing or have they got it on some sort of interim hold to give you a chance to supply what else you can.

Anyway, with whatever occurs, best wishes for a good outcome.





  #18 (permalink)  
Old 01-30-2011, 02:20 AM
Active Member
 
Join Date: Jan 2011
Posts: 14
Please update your flag here .

Quote:
Originally Posted by Wanderer View Post
I have never been so clear myself Angela on the issuing of Bridging Visas other than the A & B for there does seem to be quite an ammount of information written about the D & E, I to be honest do find a bit difficult to understand.

It nearly seems to some extent that they are saying look, you can infringe on a visa and not leave and we'll grant you a bridging visa which seems very different to the whole purpose of normal visas.
Perhaps, when you went and saw them, they have acknowledged you being married even if for a short time and seeing if they indicated you needed to leave or they deported you, your next step would be to apply for an offshore partner visa, they have in a moment of extraordinary kindness decided to not just let you stay but also apply for the partner visa.
That you have not heard from them since submission of the application is a bit concerning and you say the CO gave you a Checklist, so do you know whether they have actually accepted your application for processing or have they got it on some sort of interim hold to give you a chance to supply what else you can.

Anyway, with whatever occurs, best wishes for a good outcome.
Thank you Wanderer. The thing is they have accepted my application and my husband has talked to my CO three times now since he first contacted us for additional information. I don't know what's going on and I do have concerns because of my history. Fingers are crossed. You can read it on immi website about people like me can apply onshore. Does age difference affect the outcome of the visa?
angela


  #19 (permalink)  
Old 01-30-2011, 09:56 AM
Wanderer's Avatar
Senior Member
 
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
Age difference shouldn't make a difference but as far as the Immi regulations go, you either have a visa or you don't and to apply on shore you usually need to be on a visa without a No Further Stay condition.
That you had no visa and were in fact illegally in Australia for five years would normally mean that people like you were either deported on apprehension or in a detention centre awaiting deportation.
I expect that the only thing that has saved you from that is that you've gone to Immi yourself and I'll also be very surprised if the BVE was not issued as a step to deportation and I am further surprised that they have taken so long about it.





  #20 (permalink)  
Old 01-30-2011, 10:11 AM
Active Member
 
Join Date: Jan 2011
Posts: 14
Please update your flag here .

Quote:
Originally Posted by Wanderer View Post
Age difference shouldn't make a difference but as far as the Immi regulations go, you either have a visa or you don't and to apply on shore you usually need to be on a visa without a No Further Stay condition.
That you had no visa and were in fact illegally in Australia for five years would normally mean that people like you were either deported on apprehension or in a detention centre awaiting deportation.
I expect that the only thing that has saved you from that is that you've gone to Immi yourself and I'll also be very surprised if the BVE was not issued as a step to deportation and I am further surprised that they have taken so long about it.
I will let you what happens and what my outcome will be. Thank you.


Closed Thread

Tags
de-facto, united states, usa, work and holiday

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Work and Holiday Visa(462) to Partner Visa(820) gmax111 Visas and immigration 18 08-06-2012 01:14 AM
Coming into Oz on an ETA then applying for Defacto Visa? suki Visas and immigration 1 06-02-2011 09:29 AM
Work and Holiday visa granted!! chrissyjk Visas and immigration 1 01-14-2011 02:26 AM
Work/Holiday Visa--need someone with experience Margaret Visas and immigration 3 08-19-2010 08:37 PM
Would I be able to apply for a partner visa while on a work and holiday visa? Heather86 Visas and immigration 1 04-27-2010 11:30 PM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 07:59 AM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com