Any advice for complicated de facto app?

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Any advice for complicated de facto app?


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Old 06-01-2010, 08:24 AM
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Any advice for complicated de facto app?

Hello,
I have been reading this forum a lot over the past few weeks and found it to be really useful, so thought you guys could help. I am looking to apply for a defacto visa but there are a few major issues.

I am from the UK, my gf is Australian. We have been together for two years and have lived together for 18-months. 5-months in England staying with my parents, the rest of the time in Sydney (I am currently on a 12-month tourist visa and was previously on a student visa).

With regard to the app: the Police checks/Health Checks will be fine I'm sure, and we have plenty of evidence in terms of Social Context and Nature of Commitment (we can get heaps of stat decs, have appropriate photos, emails, plane tickets to and within Europe, wedding invitations, birthday cards etc), but the first problem comes with the requirement that I send documents to show my sponsorís employment during the last two years. My gf has worked VERY sporadically as a temp and has made money elsewhere simply by selling stuff at market stalls, DJing etc... stuff that means there are big holes in her employment history. She hasn't been on any kind of benefit though, and the positive thing is that she has (today) been offered full-time employment at a real estate, so I can get a letter telling of her salary, but other than that the best I can do is to get a letter from her temp agency saying she has been on their books for the past few years. I'm not sure this will be evidence enough. She has applied to start her own business, registering the name, getting an ABN etc, but, again, this is a really recent thing.

Next problem. We live in a share house. Not a massive deal in itself, but the share house is, in fact, a commercial warehouse building. This is where it all gets really complex. The lease is:

1. in the name of my gf and of a male friend she moved in with (I moved in with her 6 months after initally signed the lease). The male friend has since moved out but his name is still on the lease. They are no longer on speaking terms.

2. A commercial lease. Which, offically, means the unit is a working space rather than a residential abode.

If we don't submit the actual lease as evidence of my girlfriend renting a property, we would be unable to ask the landlord for any kind of letter explaining that we both live there because, as I say, officially, no-one does.

The next problem is that we have all of our post sent to my gf's mum's house because people break into the mailboxs in our building. So, while we have heaps of mail in the same address, it is not the address where we live. My gf has electricity bills in her name for our share house, but my name is not on them. In fact, we have no joint bills. I pay rent and electricity into her account (but usually as a cash deposit - albeit with a reference that it is me depositing) and she then pays the bills from her account.

Even though we have a couple of years' worth of post addressed to my gf's Mum's, we can't say we lived there because, simply, we didn't (she lives in a 1-bedroom place).

Next, because we live a really frugal existence (one or other of us has been on a tourist visa over the past 18 months, so we're pretty poor), our bank accounts don't really help much in terms of evidence either. We have two joint accounts, which is good, but not much to-ing and fro-ing of funds within either of them.

On top of all this, I am 33 and she is 21. I know this shouldn't be an issue in itself, but I figure the age gap might make the CO look with suspicion at my application in the first place?

How should I approach my application? Can I make up for the lack of evidence with stat decs and by being super thorough on the other parts of my application? Should I even bother applying? To apply I need to fly home to England and spend - I guess - about 5 months away from gf, who can't come as we can't afford it, and because she has just got a job. I don't mind doing this if I have a decent chance of being succesful in my application, but I don't want to spend all that money and all that time away from her if it is going to be futile. Is there any other way round it. I can't afford to do another uni course, am not a skilled migrant and I have already had a working holiday visa.

I read elkittens really useful tips, but thought my application was complicated enough to ask for some advice specific to my case.

This is all so frustrating because, contrary to the evidence that we are lacking, my gf and I are in an absolutely genuine relationship. We spend every waking minute together and I love her very dearly.

Sorry for the long post. I know this is massively confusing so if you need me to clear anything up for you before you can help then just let me know. Thanks in advance.


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Old 06-02-2010, 01:17 AM
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Quote:
Originally Posted by Ponkers View Post
Hello,
I have been reading this forum a lot over the past few weeks and found it to be really useful, so thought you guys could help. I am looking to apply for a defacto visa but there are a few major issues.

I am from the UK, my gf is Australian. We have been together for two years and have lived together for 18-months. 5-months in England staying with my parents, the rest of the time in Sydney (I am currently on a 12-month tourist visa and was previously on a student visa).

With regard to the app: the Police checks/Health Checks will be fine I'm sure, and we have plenty of evidence in terms of Social Context and Nature of Commitment (we can get heaps of stat decs, have appropriate photos, emails, plane tickets to and within Europe, wedding invitations, birthday cards etc), but the first problem comes with the requirement that I send documents to show my sponsor’s employment during the last two years. My gf has worked VERY sporadically as a temp and has made money elsewhere simply by selling stuff at market stalls, DJing etc... stuff that means there are big holes in her employment history. She hasn't been on any kind of benefit though, and the positive thing is that she has (today) been offered full-time employment at a real estate, so I can get a letter telling of her salary, but other than that the best I can do is to get a letter from her temp agency saying she has been on their books for the past few years. I'm not sure this will be evidence enough. She has applied to start her own business, registering the name, getting an ABN etc, but, again, this is a really recent thing.

Next problem. We live in a share house. Not a massive deal in itself, but the share house is, in fact, a commercial warehouse building. This is where it all gets really complex. The lease is:

1. in the name of my gf and of a male friend she moved in with (I moved in with her 6 months after initally signed the lease). The male friend has since moved out but his name is still on the lease. They are no longer on speaking terms.

2. A commercial lease. Which, offically, means the unit is a working space rather than a residential abode.

If we don't submit the actual lease as evidence of my girlfriend renting a property, we would be unable to ask the landlord for any kind of letter explaining that we both live there because, as I say, officially, no-one does.

The next problem is that we have all of our post sent to my gf's mum's house because people break into the mailboxs in our building. So, while we have heaps of mail in the same address, it is not the address where we live. My gf has electricity bills in her name for our share house, but my name is not on them. In fact, we have no joint bills. I pay rent and electricity into her account (but usually as a cash deposit - albeit with a reference that it is me depositing) and she then pays the bills from her account.

Even though we have a couple of years' worth of post addressed to my gf's Mum's, we can't say we lived there because, simply, we didn't (she lives in a 1-bedroom place).

Next, because we live a really frugal existence (one or other of us has been on a tourist visa over the past 18 months, so we're pretty poor), our bank accounts don't really help much in terms of evidence either. We have two joint accounts, which is good, but not much to-ing and fro-ing of funds within either of them.

On top of all this, I am 33 and she is 21. I know this shouldn't be an issue in itself, but I figure the age gap might make the CO look with suspicion at my application in the first place?

How should I approach my application? Can I make up for the lack of evidence with stat decs and by being super thorough on the other parts of my application? Should I even bother applying? To apply I need to fly home to England and spend - I guess - about 5 months away from gf, who can't come as we can't afford it, and because she has just got a job. I don't mind doing this if I have a decent chance of being succesful in my application, but I don't want to spend all that money and all that time away from her if it is going to be futile. Is there any other way round it. I can't afford to do another uni course, am not a skilled migrant and I have already had a working holiday visa.

I read elkittens really useful tips, but thought my application was complicated enough to ask for some advice specific to my case.

This is all so frustrating because, contrary to the evidence that we are lacking, my gf and I are in an absolutely genuine relationship. We spend every waking minute together and I love her very dearly.

Sorry for the long post. I know this is massively confusing so if you need me to clear anything up for you before you can help then just let me know. Thanks in advance.
Hi Ponkers and good that you've had a read of elkittens thread and that has given you some ideas on documentation from separate bank accounts and your deposits etc.

So your situation is somewhat different and interesting more so than too complex and definitely do not go making it more so by attempting to fabricate what is not.

With mailing, tell it as it is why mail goes to your Gf's mum's place and for sure use the lease and commercial as it is, explain the Warehouse reason be it the price, Sydney real estate market being tight or whatever.
You could have some COs drooling with Flashdance images!

If there is plenty of room and it's handily located, could be a good money spinner with backpackers come Xmas/NY! - but don't mention that in your application.

The same re her work and your lifestyles and whereas travelling together is not seen as really being evidence of a relationship, you do need to be able to show the time together, so just put it all as it is and whereas there is some room under a few questions to put extra info, it sounds like you had better make up a clear and itemised tale of life together including Sydney as part of your statements and no doubt her mum along with friends can corroborate,

The only difficulty you have to face it seems is that your tourist visa will likely have a No Further Stay condition on it and so that will effectively stop you from applying onshore.

Just out of interest, were you able to move from the WHV straight on to the tourist visa or did you do a trip to NZ? for if you got a tourist visa direct after the WHV, I've never heard of that being possible!

But anyway, if you have to return to the UK, then you could have the application ready and submit it there as soon as you arrive, or alternately you could do the same with NZ or head there, get an ETA and come back on the ETA [ some potential implications ] and then apply.
Details about that on http://www.australiaforum.com/visas-...preciated.html

The other thing that should make an application more guaranteed is that NSW will have their legislation for relationship registration ready to go within a couple of months and so if you can get that done [ a defacto marriage certificate ] that ought to be to your advantage.
http://www.bdm.nsw.gov.au/PDF%20form...tionships1.pdf

So best wishes with it all, always had images of fitting out a Warehouse myself!





Last edited by Wanderer; 06-02-2010 at 01:28 AM.

  #3 (permalink)  
Old 06-02-2010, 05:09 AM
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Thanks very much for your advice Wanderer.

To answer your question, no I didn't go straight from a WHV to a 676 visa. I was on a student visa from Jan 2008-March 2009, then went back to the UK until August 2009. From August 2009 until now I have been in Australia on a 12 month 676 visa.

Actually, while on the subject, maybe you can answer a couple of questions for me about the 676.

My visa came with the following wording:

The Subclass 676 Tourist visa allows the visa holder to travel to and enter Australia on more than 1 occasion until 26 May 2010. The visa holder is permitted to remain in Australia, after each entry, for a period of 12 Months.

I orginally entered Australia on this visa in August 2009. However, last month, I flew to South Africa for a week, returning to Australia on May 17, 2010. Does this mean that I can now, if I wanted to, stay in Australia until May 16, 2011?

If yes, that would be great because I could use the time to gather more evidence for my de facto app. However, do you think that:

1. spending so long in Australia on a 676 would reflect badly when I applied for my de facto?

2. If, once I leave Australia, I tried to re-enter using an ETA in order to apply onshore, it would have an 8503 condition preventing me from doing so?

Thanks again.

ps: my warehouse really is beautiful with stunning views of the city skyline!


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Old 06-02-2010, 05:50 AM
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Quote:
Originally Posted by Ponkers View Post
Thanks very much for your advice Wanderer.

To answer your question, no I didn't go straight from a WHV to a 676 visa. I was on a student visa from Jan 2008-March 2009, then went back to the UK until August 2009. From August 2009 until now I have been in Australia on a 12 month 676 visa.

Actually, while on the subject, maybe you can answer a couple of questions for me about the 676.

My visa came with the following wording:

The Subclass 676 Tourist visa allows the visa holder to travel to and enter Australia on more than 1 occasion until 26 May 2010. The visa holder is permitted to remain in Australia, after each entry, for a period of 12 Months.

I orginally entered Australia on this visa in August 2009. However, last month, I flew to South Africa for a week, returning to Australia on May 17, 2010. Does this mean that I can now, if I wanted to, stay in Australia until May 16, 2011?

If yes, that would be great because I could use the time to gather more evidence for my de facto app. However, do you think that:

1. spending so long in Australia on a 676 would reflect badly when I applied for my de facto?

2. If, once I leave Australia, I tried to re-enter using an ETA in order to apply onshore, it would have an 8503 condition preventing me from doing so?

Thanks again.

ps: my warehouse really is beautiful with stunning views of the city skyline!
Yes, the 676 12 months visa now gives you effectively close on two years if you're alert to the condition re latest entry as they appear to be issued with a latest entry date near 12 months from date of issue.
So yep, in your case you're good until May 16 2011, though I'm not sure if you're allowed exits and re-entry between now and then.
The visa letter should state that too.

1. No, the time spent here will not reflect badly on you getting a defacto and will just help to show commitment as would the relationship registration.
2. The ETAs do not have the NFS condition though you'll run the risk of being quizzed.
Just put this on another thread and it is more descriptive
Quote:
An ETA online application may also have a question re intent etc. and could need fibs told about not coming to get married here and only to visit.
In getting an ETA, a few different things could happen on his arrival:
. nothing at all , Or on being a might curious/intrusive an Immi guy could ask:
. Sir, what is your intended visit to Australia for?, and so then it could go in any direction, best being another fib as response and no pursuance if hub and you are good at fibbing [ and what of household goods and hubs documentation re birth, employment records etc. ]or worst being well, this is my wife and I am going to apply for a partner visa!!
. that could result in:
Sir, you did not really tell me that and I wouldn't be telling anyone else either right now.
Sir, did I hear you say you are just here to see how Australia is.
Sir, what you're doing is not in accordance with how it should be done but?
And I'm only really joking for I do not think too many Immi guys do!
Sir, the ETA is only intended to allow you to visit and as such we will have to refuse you admittance to Australia.
We'll organise the first flight back to Canada for you. NZ or UK in your case
Even worse still could be attempting to fib and getting caught out!
The Warehouse sounds great, though hows the heating if it's a bit spacious or are there areas sectioned off.





Last edited by Wanderer; 06-02-2010 at 05:54 AM.

  #5 (permalink)  
Old 06-03-2010, 05:16 AM
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There are proper walls within the warehouse, but it's a big space, so it still gets cold in the winter. I'm from England though, so for me it's only 'Australia cold' as opposed to real cold. On rainy days like this though, my bedroom gets a bit wet as rain leaks through various cracks. All part of the charm of warehouse living though.

Here's another question. Do you need to have a certain amount of time remaining on your passport before you apply for a de facto visa?

Mine expires in November 2011 and was wondering if I should renew it before I apply for my de facto later this year.


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Old 06-03-2010, 05:48 AM
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Quote:
Originally Posted by Ponkers View Post
There are proper walls within the warehouse, but it's a big space, so it still gets cold in the winter. I'm from England though, so for me it's only 'Australia cold' as opposed to real cold. On rainy days like this though, my bedroom gets a bit wet as rain leaks through various cracks. All part of the charm of warehouse living though.

Here's another question. Do you need to have a certain amount of time remaining on your passport before you apply for a de facto visa?

Mine expires in November 2011 and was wondering if I should renew it before I apply for my de facto later this year.
I do not know that there's any fixed ammount of time like how you need six months remaining to get a visitor visa for some countries.
A year ought to be OK but then you'll need to be looking at how you move out/in for with a defacto, you'll have two years before you get PR and then at least another four to get eligibility for citizenship, it taking six months or so until you'll actually have it and so you'll be looking at the best part of ten years before you can get an Aussie passport.

So you'll still need a UK passport and if they come in ten year validities, that would seem to be the one to go for.
Can you actually renew before a certain proximity of an existing passport expiring?

Some cheap comfort tips for the Warehouse if planning on staying.
Get familiar with a silicone tube and gun or if cracks are even bigger you can get expanding foam in a tube too.

For some good cheap insulation, have a look about some furniture and carpet store loading bays, often huge numbers of packing cases to be dumped and the timber would make quite good rustic lining for a Warehouse.
And then you would be amazed at the ammount of underlay foam and carpet offcuts that get dumped from carpet shops too as well and even useable on walls as well as floors.

If you've got high celing areas, a few reversible direction fans would help create thermals bring hot air down from above where it has risen to.
You can get them for about $50.





  #7 (permalink)  
Old 06-04-2010, 05:08 AM
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Thanks for the warehouse advice. Very helpful.

With regard to UK Passport renewel, you can renew at any time, but they only carry over a maximum of nine months of the time remaining on your existing passport. So if I applied now, it would expire in ten years and nine months.


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