Defacto Visa Help!!!!

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Defacto Visa Help!!!!


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  #1 (permalink)  
Old 06-23-2010, 04:07 AM
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Defacto Visa Help!!!!

Hi

Ive been reading the different threads regarding the defacto visa which i have found to be really helpful however there is still some points im stuck on so any advice would be appreciated.

me and my partner have been together for 2 years and have been now living together since feb 2010. im here on a tourist visa for 12 months with my 4 year old daughter and i didnt realise we have a no futher stay on our visa so im planning to go back to scotland in a month or two to apply for the defacto visa. the reason i am going back so soon is that if i wait til my tourist visa expires then my daughter who would be due to start school in scotland in aug 2010 would miss the first 6 months of school, so my thought was to go back now and she can attend school while the decision of the visa goes through.

at the minute my partner,my daughter and i are staying at our friends house in canberra as my partner is in th process of a divorce settlement then we were planning to buy a place of our own. we have no bills in our names as we are at our friends house. the contact we had was only through skype and we have no call/chat history as we used skype on the skype mobile handsets. would this be a problem. my partner runs his own business therefore work commitments made it hard for him to come to scotland to live with me for 12 months. my partner is originally from scotland with most of his extended family living inthe same town where i am from and he has lived in australia for over 20 years.

iv read that we can register our relationship as we are in the ACT and this helps to waive the 12 month defacto requirement and understand that we still to provide other evidence regarding our relationship. would the fact the reason i was going to scotland for the sake of my daughters school be a valid reason for cutting the 12 month tourist visa short which therefore cut down our time spent as defactos?

any help or advice would be appreciated.

thanks in advance


  #2 (permalink)  
Old 06-23-2010, 09:34 AM
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Quote:
Originally Posted by xxsa1xx View Post
Hi

Ive been reading the different threads regarding the defacto visa which i have found to be really helpful however there is still some points im stuck on so any advice would be appreciated.

me and my partner have been together for 2 years and have been now living together since feb 2010. im here on a tourist visa for 12 months with my 4 year old daughter and i didnt realise we have a no futher stay on our visa so im planning to go back to scotland in a month or two to apply for the defacto visa. the reason i am going back so soon is that if i wait til my tourist visa expires then my daughter who would be due to start school in scotland in aug 2010 would miss the first 6 months of school, so my thought was to go back now and she can attend school while the decision of the visa goes through.

at the minute my partner,my daughter and i are staying at our friends house in canberra as my partner is in th process of a divorce settlement then we were planning to buy a place of our own. we have no bills in our names as we are at our friends house. the contact we had was only through skype and we have no call/chat history as we used skype on the skype mobile handsets. would this be a problem. my partner runs his own business therefore work commitments made it hard for him to come to scotland to live with me for 12 months. my partner is originally from scotland with most of his extended family living inthe same town where i am from and he has lived in australia for over 20 years.

iv read that we can register our relationship as we are in the ACT and this helps to waive the 12 month defacto requirement and understand that we still to provide other evidence regarding our relationship. would the fact the reason i was going to scotland for the sake of my daughters school be a valid reason for cutting the 12 month tourist visa short which therefore cut down our time spent as defactos?

any help or advice would be appreciated.

thanks in advance
From what you've read, you may have gathered that the 12 months relationship unless waived is a key requirement so aside from what you actually mean by being together for two years, if it has been actually residing together since you arrived in February, taking that to only August is going to have you a bit short.
The Immi site does state the 12 months can be waived with the relationship registrations and I've not read how the ACT requirements are and how they'll look at applications, one poster having received advice from Victorian people that something like a couple having close to 12 months together was going to be a registration requirement.
So you first step ought to really be see what is required for an ACT registration.
If you can get that done you'll stand a better chance in applying back in UK but still no guarantee and with the lack of residential documentation you would want to be solid on everything else with statements from his friends etc.
You might be better off considering the PMV if in fact you are thinking marriage is down the track.

The other alternative you may want to consider is that if your daughter is 4, though the school year starts in August over there, it is February here and so depending on when she turned 4 she could be the right age for starting here next year.
If that is the case and there's no other pressing need to return to the UK, you could look at the possibilities of staying here and if need be for a PMV use a trip to NZ or in getting 12 months together you could still go to NZ and take the risk of getting an ETA there to return on and then you could apply for the defacto onshore and receive a bridging visa until it was decided upon.



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  #3 (permalink)  
Old 07-06-2010, 04:46 AM
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defact visa help...pregnant

Quote:
Originally Posted by Wanderer View Post
From what you've read, you may have gathered that the 12 months relationship unless waived is a key requirement so aside from what you actually mean by being together for two years, if it has been actually residing together since you arrived in February, taking that to only August is going to have you a bit short.
The Immi site does state the 12 months can be waived with the relationship registrations and I've not read how the ACT requirements are and how they'll look at applications, one poster having received advice from Victorian people that something like a couple having close to 12 months together was going to be a registration requirement.
So you first step ought to really be see what is required for an ACT registration.
If you can get that done you'll stand a better chance in applying back in UK but still no guarantee and with the lack of residential documentation you would want to be solid on everything else with statements from his friends etc.
You might be better off considering the PMV if in fact you are thinking marriage is down the track.

The other alternative you may want to consider is that if your daughter is 4, though the school year starts in August over there, it is February here and so depending on when she turned 4 she could be the right age for starting here next year.
If that is the case and there's no other pressing need to return to the UK, you could look at the possibilities of staying here and if need be for a PMV use a trip to NZ or in getting 12 months together you could still go to NZ and take the risk of getting an ETA there to return on and then you could apply for the defacto onshore and receive a bridging visa until it was decided upon.
Hi thanks for the reply. i have since found out that me and my partner are expecting a baby and my thoughts are still to return to the uk in 4 weeks or so so i can apply for a defacto visa there and if approved i can get back to australia to be with my partner for the remainder of my pregnancy so we can get organised and settled before the baby arrives. does this waiver the 12 month requirement?

also me and my partner have not started living together before now because i have a child from a previous relationship and i was unable to get a working holiday visa due to my dependant so that is why we waited til we were both financially able to live together because i am unable to work and my partner was unable to join me in the uk to live as he owns a business and has 2 children from a previous relationship.

the pmv isnt ideal at the minute with the baby due and everything it would just be a huge rush and also new zealand isnt an option either because my partners work commitments and also the fact i wouldnt be able to work so it makes more sense to return to the uk plus i would get to catch up with my friends and family.

any advice would be greatly appreciated.


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  #4 (permalink)  
Old 07-06-2010, 06:45 AM
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Hi,

Since you are expecting a baby with your Aussie partner, the 12 month requirement could be waived for the de facto visa. So, in my view, it would be best for you to apply for the de facto visa.

You would have to make sure you get written permission from your ex to bring your partner to Australia, if that is your plan. Your Aussie partner will also have to get criminal background checks done as part of the requirement to show he is not a danger to your child.

It may seem like a big mess, but if you arm yourself with the partner booklet and the checklist for the de facto visa, you can go through what evidence you have and work on gathering the other evidence you still need.


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Old 07-06-2010, 10:15 AM
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Quote:
Originally Posted by xxsa1xx View Post
Hi thanks for the reply. i have since found out that me and my partner are expecting a baby and my thoughts are still to return to the uk in 4 weeks or so so i can apply for a defacto visa there and if approved i can get back to australia to be with my partner for the remainder of my pregnancy so we can get organised and settled before the baby arrives. does this waiver the 12 month requirement?

also me and my partner have not started living together before now because i have a child from a previous relationship and i was unable to get a working holiday visa due to my dependant so that is why we waited til we were both financially able to live together because i am unable to work and my partner was unable to join me in the uk to live as he owns a business and has 2 children from a previous relationship.

the pmv isnt ideal at the minute with the baby due and everything it would just be a huge rush and also new zealand isnt an option either because my partners work commitments and also the fact i wouldnt be able to work so it makes more sense to return to the uk plus i would get to catch up with my friends and family.

any advice would be greatly appreciated.
You could be making the situation more complex for yourself for whilst having a child together is one way of getting a 12 months relationship requirement waived, it does not say being pregnant does.
Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100)
You may want to check that with Immi.
The eligibility criteria on the site including the Booklet#1 really needs to be addressed for regulations are set by legislation and there is limited flexibility in assessments being made and you may fine heading back to the UK will make matters worse.
I would be looking at the relationship registration if you haven't yet and if that is not an option it may be that the PMV is more likely to be granted from abroad than the partner visa.



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  #6 (permalink)  
Old 07-07-2010, 06:50 AM
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Hi,

I agree with Wanderer that the 12 month requirement will not definitely be waived on the basis of pregnancy, so you should contact DIAC and get some advice on what to do from here.

I have heard along the expat grapevine here in Korea of a couple, an Aussie girl and her Korean partner, who migrated to Australia. She got pregnant in Korea and wanted to be back for the birth. From what I have heard, she was still pregnant when he joined her in Australia. Of course, I'm just going on hear-say from a freind of friend, but if it's true, it may be a possibility.

I have read the partner booklet and the 12 month fact sheet no. 35, both state:

The one-year relationship requirement does not apply if the applicant can establish that there are compelling and compassionate circumstances for the grant of the visa. For example:

•in the case of a de facto partner relationship where there is a child from the relationship....

So it doesn't state clearly whether the child must have been born when the application is made. I know it seems so trivial, but DIAC is pretty stern when it comes to being eligible for waivers, so you have to find out for sure if an unborn baby qualifies or not.


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