De-Facto Visa Question

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De-Facto Visa Question


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Old 07-02-2010, 06:26 AM
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De-Facto Visa Question

Hi everyone,

I have found this forum incredibly useful and helpful, and I thank everyone for all their individual contributions. Very good to have something like this available for all those people struggling for info!

I am an Australian Citizen, and my girlfriend is from Mexico.. She began her degree in Mexico, but finished it in Australia - so effectively she complteted 2 years worth of study in Australia. At the moment, she has applied for a temp residency visa (pretty sure the subclass 485 visa). This degree was in Marketing. Initially her plan was to obtain this temporary residency, acquire relevant work experience, and then apply for a PR as the relevant work experience would have provided her with the points needed to be eligible for a PR. However, as Marketing has been taken out of the SOL, she no longer has this option. It's a bit unfortunate, as she only applied for the subclass 485 on March 26th 2010... about a month and a half AFTER the 8th February (when the new SOL annoucnement was made).

So essentially, because of this, when she receives her temporary visa, she virtually has only 18 months in the country, as she can no longer apply for the PR. This leaves going down the path of acquiring a de-facto visa. We have been together, exclusively, since May 2009 (over a year), and are making plans to live together around about September 2010. As I anticipate she will only receive the temp residency early 2011, giving her 18 months, we would effectively have lived together for 2 years prior to us making an application for a de-facto visa (which would be made after the 18 months is up obviously).

By the time we would need to make this application (I would say close to the end of 2012), we would have been together for more than 3 years (since we've been together since May 09). I've read that if you have been in a relationship for 3 years prior to the application of the de-facto visa, they will waive the 2 year provisional period, and it will go straight to a PR app. My question is - if within those 3 years we only lived together for 2, and the first year we were in a relationship but not living with each other, would this still be a good enough case to have the 2 year provisional period waived? Or do we have to live together for those 3 years for us to be eligible for that waiver?

Thanks in advance for any help, suggestions or advice.

Cheers

I hope this made sense?

Please help as this is very frightening and worrying..

Thanks in advance


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Old 07-02-2010, 07:27 AM
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Quote:
Originally Posted by phil View Post
Hi everyone,

I have found this forum incredibly useful and helpful, and I thank everyone for all their individual contributions. Very good to have something like this available for all those people struggling for info!

I am an Australian Citizen, and my girlfriend is from Mexico.. She began her degree in Mexico, but finished it in Australia - so effectively she complteted 2 years worth of study in Australia. At the moment, she has applied for a temp residency visa (pretty sure the subclass 485 visa). This degree was in Marketing. Initially her plan was to obtain this temporary residency, acquire relevant work experience, and then apply for a PR as the relevant work experience would have provided her with the points needed to be eligible for a PR. However, as Marketing has been taken out of the SOL, she no longer has this option. It's a bit unfortunate, as she only applied for the subclass 485 on March 26th 2010... about a month and a half AFTER the 8th February (when the new SOL annoucnement was made).

So essentially, because of this, when she receives her temporary visa, she virtually has only 18 months in the country, as she can no longer apply for the PR. This leaves going down the path of acquiring a de-facto visa. We have been together, exclusively, since May 2009 (over a year), and are making plans to live together around about September 2010. As I anticipate she will only receive the temp residency early 2011, giving her 18 months, we would effectively have lived together for 2 years prior to us making an application for a de-facto visa (which would be made after the 18 months is up obviously).

By the time we would need to make this application (I would say close to the end of 2012), we would have been together for more than 3 years (since we've been together since May 09). I've read that if you have been in a relationship for 3 years prior to the application of the de-facto visa, they will waive the 2 year provisional period, and it will go straight to a PR app. My question is - if within those 3 years we only lived together for 2, and the first year we were in a relationship but not living with each other, would this still be a good enough case to have the 2 year provisional period waived? Or do we have to live together for those 3 years for us to be eligible for that waiver?

Thanks in advance for any help, suggestions or advice.

Cheers

I hope this made sense?

Please help as this is very frightening and worrying..

Thanks in advance
I'd say it is likely that Immi will take into account the date from when you are actually residing together for up until then they'll likely not consider it a full defacto relationship.

But there's not so much to be concerned about for if that is your intent, you can apply for a partner visa after just one year together and whatever you can show prior to residing together will support the application.
So even if it's September that you start residing together, September 2011 you apply and by September 2013 the process for PR could commence.

Meanwhile, with a 485 visa or even before your girlfriend ought to be pursuing sales/marketing/advertising and related work opportunities and it could be she may get an employment offer on an employer sponsorship basis - the 457 and that could also lead to her getting PR.





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Old 07-02-2010, 07:42 AM
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Thanks for your help mate.. Very much appreciated.

Is it possible for us to apply for a defacto even tho her temp residency visa has not expired yet? So, let's say she's 9 months into her temporary residency, and then we decide to make the de-facto application, would it be possible? Or would she have to wait until the end of the temporary residency (18 months) before she can apply for the defacto one?

So essentially, if we move in September 2010, we apply in September 2011, we can essentially have the PR in 2013?

Lastly, even if we have been together for more than 3 years, and only lived together for 2 years, IMMI will only take into account those 2 years that we lived together as "de facto"? That's a bit unfortunate isnt it?

Do you think there's any chance that the SOL may be repealed? I think cutting out 300 or so occupations is a little bit harsh, and the transitional arrangements aren't that fair.


Last edited by phil; 07-02-2010 at 07:47 AM.

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Old 07-02-2010, 09:22 AM
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Quote:
Originally Posted by phil View Post
Thanks for your help mate.. Very much appreciated.

Is it possible for us to apply for a defacto even tho her temp residency visa has not expired yet? So, let's say she's 9 months into her temporary residency, and then we decide to make the de-facto application, would it be possible? Or would she have to wait until the end of the temporary residency (18 months) before she can apply for the defacto one?

So essentially, if we move in September 2010, we apply in September 2011, we can essentially have the PR in 2013?

Lastly, even if we have been together for more than 3 years, and only lived together for 2 years, IMMI will only take into account those 2 years that we lived together as "de facto"? That's a bit unfortunate isnt it?

Do you think there's any chance that the SOL may be repealed? I think cutting out 300 or so occupations is a little bit harsh, and the transitional arrangements aren't that fair.
Yep, you could apply for the defacto whenever you want but obviously take into account the eligibility requirement.
There's also the One year requirement waiver possibility if you can get a relationship registration in ACT, Tassie or Vic. [ NSW have the registration legislation in place and you can also register there but they have yet to clear it with Immi ]
There's a few recent partner visa threads with links or just look up the Births Deaths and Marriages registry of relevant state/territory.
Still a need for evidence even with a waiver.
The two years to PR is from date of TR grant, regardless of what was happening prior and the assessment for PR is about 6-8 months.
A lot of development has gone into developing the new SOL for a number of reasons and if you look at the political scne recently, a Big Australia is being talked down somewhat so I doubt you'll see any repealing.





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Old 07-02-2010, 09:33 AM
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So if we apply for the defacto in September 2011, the 2 year provisional period begins only when the defacto TR is granted? How long does the process take from application date to receiving the TR?

I'm trying to build a rough timeline here.. September 2011 the application is made, TR is granted December 2011, 2 year provisional starts, lasts till December 2013, PR granted 6 months after that. Would that be accurate (approximately) ?

Thanks again for the help


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Old 07-02-2010, 06:10 PM
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Originally Posted by phil View Post
So if we apply for the defacto in September 2011, the 2 year provisional period begins only when the defacto TR is granted? How long does the process take from application date to receiving the TR?

I'm trying to build a rough timeline here.. September 2011 the application is made, TR is granted December 2011, 2 year provisional starts, lasts till December 2013, PR granted 6 months after that. Would that be accurate (approximately) ?

Thanks again for the help
Getting TR could be anywhere from 3 - 10+ months.
Client Service Charter is a guide.





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