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  #1 (permalink)  
Old 05-10-2010, 01:56 AM
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Help!!!

Hi guys!

Im Amanda...new to this...and REALLY confused . Sorry this is going to be an essay.

Im over on a WHV and I have met a guy, who is currently my bf. Things moved fast, we live together now etc. We have only been together 7 months and only living together 4-5 months. He cannot come back to the UK with me..and I cant stay here. I have left it too late to do the seasonal work to extend my working holiday visa (as my employer was sponsoring me - but that has all fell through.)

I have contacted Immi but they weren't very forthcoming with information.

Im just wondering if there is any other options...I've seen a defacto visa? would we be eligible for that? Sorry, I'm just really confused and any avenue we try to go down fails.

Any help would be really appreciated.

Thanks

Amanda


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Old 05-10-2010, 06:01 AM
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Hi Amanda,

Unfortunately, you wouldn't be able to get a de facto visa because you haven't been living together for 12 months, which is the requirement for that visa. Even if you tried to apply, your chances would be slim to none of getting it.

I think your immediate option is a tourist visa i.e. an e-visa if you qualify. This could give you up to 12 months, allowing you to get more living together time, but having to go and come back every 3 months would be a pain. E-visas don't usually have a no further stay condition on them, so you would be able to apply for another visa without leaving Australia.

If you had enough savings, you could try a student visa, though it could take a while to apply for and wait for it to be granted, and it sounds like you don't have much time left in Oz.

Another option could be to go back home and start an application for a skilled working visa, or one of those other working visas. But again, these visas could take quite along time to process, especially since the requirements have gotten stricter lately.

That's all I can think of now. There is the fiance visa, but this visa is meant for couples that are truly serious about marriage, and if you two are not, I would not recommend applying for it just to get a visa to stay in Australia.


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Old 05-10-2010, 06:18 AM
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Thanks for that. Yes, we are really serious, but we are obviously not wanting to go down that road. When we get married we dont want it to be for a visa, we want it to be because the time is right. I am sure we will work something out.

Thanks so much for your help


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  #4 (permalink)  
Old 05-10-2010, 10:46 AM
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Quote:
Originally Posted by amanda.gibson View Post
Hi guys!

Im Amanda...new to this...and REALLY confused . Sorry this is going to be an essay.

Im over on a WHV and I have met a guy, who is currently my bf. Things moved fast, we live together now etc. We have only been together 7 months and only living together 4-5 months. He cannot come back to the UK with me..and I cant stay here. I have left it too late to do the seasonal work to extend my working holiday visa (as my employer was sponsoring me - but that has all fell through.)

I have contacted Immi but they weren't very forthcoming with information.

Im just wondering if there is any other options...I've seen a defacto visa? would we be eligible for that? Sorry, I'm just really confused and any avenue we try to go down fails.

Any help would be really appreciated.

Thanks

Amanda
At the moment Amanda your options are a bit limited and I'll list some ideas you may not have looked at or be aware of re qualifying for a defacto partner visa.
If you have read the Immi site info and you should, you'll see the primary requirement for a defacto visa is demonstration of a 12 months relationship which essentially means for most cases having lived together for that time.
Have a good read of the eligibility and applying for this visa sections @
Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801)

One chance that may be possible is if in Australia you're in either the ACT, Victoria or Tasmania as they have legislation re relationships registration, a kind of defacto marriage certificate.
You'll see under a Waivers heading on the One Year relationship requirement page linked to the eligibility page a reference to relationship registration.
Only the ACT, Victoria and Tasmania had the registration option as at November last year and it being state legislation it is up to the other states/territory if and when they do it. As of a couple of months back, I did see some indication that it was on the horizon for NSW legislation but if you're not in the others I listed, you'll have to check re Births, Deaths and Marriages registry of where you are to see if it has been introduced.

If you are in a state/territory where it applies, it may be possible to have your registration registered and I say " may be possible " for I know for Victoria for instance the registration is primarily developed for Australian citizens and some evidence needed to support the relationship to be registered.
However, it may be possible as the registration form says they will accept an overseas passport along with a local drivers or shooters licence as secondary ID, so it becomes a case of if you have sufficient time to do that and get registered.
Maybe joining a local sporting shooters or pistol club may be possible and quicker to get a shooters licence than a drivers licence if you do not have one, though police are also rather stringent re shooters licences.
Have a look @ https://online.justice.vic.gov.au/CA...ships~&2=~&3=~ for an idea of Vic. as an example and ID requirements are on page 3 of application form.

If you can get registered and have the 12 months requirement waived, you are still required to show evidence of your relationship and Booklet #1 has detailed information.

If that approach is not possible, the other thing that people on a WHV have been known to do to get extra time in Australia is head offshore near the end of the WHV [ allowing a few days to a week ] and depending on how much additional time you need to make it up to 12 months you get a tourist visa or ETA and in your case it sounds like you'll be needing a 6 or 12 month tourist visa.
That may present something of a problem if you do not have sufficient funds to show you can support yourself, though having accommodation available may help.
People from the UK apparently now get their application for an ETA defaulted to a free eVisa which is good for only three months and may have a No Further Stay condition applied.

I have seen reports that by going to an agent [ a travel agent would be cheaper to try than an immigration agent ] they may be able to still process an ETA for a UK person and one of those may be better.
They only allow a stay of three months but multiple ones within a 12 months period and will not have a No Further Stay condition.

So if you go to NZ and get one of those to fly back to Australia with and then nip over to NZ for a couple of days after three months and then back again you could accumulate the additional time for the 12 months.

If that occurs just before the second 3 months period is up and you have your defacto partner visa application ready, medical done and PCCs, UK and Australia and any other country you have been to for 12 months or more in past ten years, you could put your application in onshore and you would have a Bridging Visa granted for the time it took a decision to be made.

If you cannot get an ETA, you could try accumulating the time with two standard tourist visas or an eVisa and a tourist visa and then because you would have the NFS condition you would have to go back to NZ and apply there for the defacto partner visa.
Because you may have to stay there for a few weeks to months you might want to consider getting a NZ WHV so you can see about getting a bit of work there and the bonus being an offshore partner visa is a bit over $800 cheaper.

Of course while you are accumulating time on tourist visas or the ETA to get to 12 months, you are unable to work.





Last edited by Wanderer; 05-11-2010 at 08:31 AM. Reason: Error in figures and additional info

  #5 (permalink)  
Old 05-10-2010, 11:33 AM
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this is very similar to my situation. I've heard of other people getting de-facto but not making the 12month living together but they've managed to ''get around'' it somehow!


  #6 (permalink)  
Old 05-11-2010, 04:39 AM
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Ahh, Wanderer,

Always on the ball. I keep forgetting about the waiver of the 12 months living together if the couple registers the relationship I hope the other states implement this as well some time soon.


  #7 (permalink)  
Old 05-11-2010, 08:36 AM
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Quote:
Originally Posted by aussiegirl View Post
Ahh, Wanderer,

Always on the ball. I keep forgetting about the waiver of the 12 months living together if the couple registers the relationship I hope the other states implement this as well some time soon.
It can still be something of a complex task Ag but if available a possibility with some planning - maybe a market there for a computer program to map out the details.
I would have had that in earlier than you but my computer satellite connection got gremlins half way through.

The moral here for WHV applicants as far as I am concerned is at least get some of that 3 months qualifying work out of the way earlier rather than later.





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