Sponsorshio Visa - Proving Defacto Query!!

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Sponsorshio Visa - Proving Defacto Query!!


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Old 06-29-2010, 01:43 AM
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Sponsorshio Visa - Proving Defacto Query!!

Hi all

My boyfriend and I are hoping to prove defacto as my company are going to sponsor me on a 457 business visa. He is English and I am Irish.

Im a bit concerned as we met in unusual circumstances and Iím wondering if immigration would accept this. We met in QLD while both of us were on WHV doing seasonal work/fruit picking to secure our second year WHV.

The unusual circumstances being the fact that we met in a working hostel and after some time of dating we moved out of the working hostel and rented a holiday home with some other friends and worked on a nearby farm. We have proof dating back 12mths that we both worked on the same farm, also our movements over the past 12 months on our bank statements are practically identical. When we left QLD we both went to Brisbane which I have photographic evidence of as he met my Aunt and Uncle, again our bank statements would prove this.

9 months ago we both moved to find work in Sydney and from here we have quite a bit of documentation, lease and bills, letters to the same address, purchase of a laptop together, photos and declarations from friends.

My concern is around the beginning of our relationship we were very much a defacto couple - trying to jointly secure our second year visas and save money to move to find work, but proving this is quite difficult due to the fact that we were in the country and we paid for a lot of things by cash including our rent.

Any tips would be greatly appreciated for anyone in similar circumstances.

Thanks

Lorraine


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Old 06-29-2010, 06:46 AM
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Originally Posted by kbegs View Post
Hi all

My boyfriend and I are hoping to prove defacto as my company are going to sponsor me on a 457 business visa. He is English and I am Irish.

Im a bit concerned as we met in unusual circumstances and I’m wondering if immigration would accept this. We met in QLD while both of us were on WHV doing seasonal work/fruit picking to secure our second year WHV.

The unusual circumstances being the fact that we met in a working hostel and after some time of dating we moved out of the working hostel and rented a holiday home with some other friends and worked on a nearby farm. We have proof dating back 12mths that we both worked on the same farm, also our movements over the past 12 months on our bank statements are practically identical. When we left QLD we both went to Brisbane which I have photographic evidence of as he met my Aunt and Uncle, again our bank statements would prove this.

9 months ago we both moved to find work in Sydney and from here we have quite a bit of documentation, lease and bills, letters to the same address, purchase of a laptop together, photos and declarations from friends.

My concern is around the beginning of our relationship we were very much a defacto couple - trying to jointly secure our second year visas and save money to move to find work, but proving this is quite difficult due to the fact that we were in the country and we paid for a lot of things by cash including our rent.

Any tips would be greatly appreciated for anyone in similar circumstances.

Thanks

Lorraine
It could go either way I imagine Lorraine for whilst on one hand you may have been together for more than the 12 months, Immi do need to see substantial evidence like the lease and other living together documentation.
You say you have proof of working at the same farm and what would strengthen your claim would be to get a statement from the owner/management or whoever at the farm who was aware of the relationship and your move into rebted premises.
Though you may not have been on that lease, if likewise it is possible to get documentation in form of statement from people named on the lease or even for them to ask the agent/owner to also make a statement or endorse theirs, that'll also be in your favour.
If you have read el kittens sticky thread, you'll see that she itemised hers and her partners bank accounts to show expenses related to a relationship and again that is probably good value.
There is nothing wrong with having met up while on WHVs and that is OK and it's just showing the relationship you need to do.

You may also find that getting your partner on your 457 as a secondary applicant may not be tested as much as it would if you were getting a PR visa straight off, for I have heard from Immi that as it is a TR and thus the secondary applicant also only has TR, the 12 months as with sponsoring a partner is not as rigorously applied, that in some way being shown by the fact that a person can make a 457 partner visa online - see link on
http://www.immi.gov.au/e_visa/employer-sponsored.htm
and then on Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457) there is no specific reference to the 12 months requirement as for sponsoring which you can only do when having PR or citizenship.
If you hope to stay longer term and eventually put in a PR application, you'll see that for family memmbers there is still no reference back to sponsorship 12 months relationship evidence, but I'd expect that there could be something more testing specified somewhere in the process.
Employer Nomination Scheme (Subclass 121/856)
By that time you'd likely have a relationship more established.

But re for TR, I'd rock into Immi in Sydney and find out exactly what they require to for a partner to be a secondary applicant.
If at first you get someone who is not too certain, be a bit persistent and hint that there could be other people who may be able to explain the differences.

Be good to get your feedback on what you find out at Immi too.





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