Dilemma - De-facto Visa Advise Please

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Dilemma - De-facto Visa Advise Please


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Old 07-06-2010, 03:06 PM
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Dilemma - De-facto Visa Advise Please

Hi...

I hope someone can share some light here and my boyfriend and I are kinda in a dilemma. I have been granted with skilled visa 136, however I have not moved to Australia. My plan is to get a job transfer and move to Australia in Jan, but meanwhile I was hoping that my boyfriend can start the de-facto visa application and we can move there together by Jan. Can anyone advise if I have to be in Australia before my boyfriend can apply for the visa? What are the chances of getting the de-facto visa if the sponsor is not in Australia? Can anyone share how we can put up a strong case as such to ensure the application be approved since I am still not in Australia yet?

Thanks lots in advance.


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Old 07-07-2010, 04:12 AM
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Quote:
Originally Posted by herve06 View Post
Hi...

I hope someone can share some light here and my boyfriend and I are kinda in a dilemma. I have been granted with skilled visa 136, however I have not moved to Australia. My plan is to get a job transfer and move to Australia in Jan, but meanwhile I was hoping that my boyfriend can start the de-facto visa application and we can move there together by Jan. Can anyone advise if I have to be in Australia before my boyfriend can apply for the visa? What are the chances of getting the de-facto visa if the sponsor is not in Australia? Can anyone share how we can put up a strong case as such to ensure the application be approved since I am still not in Australia yet?

Thanks lots in advance.
I have a vague recollection of a similar question being asked previously and I think you may find you actually need to be classified as a resident and not just have your PR visa
The wording on Family - Visas & Immigration
Quote:
For people from overseas to enter and stay in Australia with their partner, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
certainly inferring that and similar wording is used throughout the eligibility sections of visa info.
Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100)
You should be able to confirm that by contact with Immi, either using their general contact links from the Immi site header bar or checking with a CO if you have a contact for them.
Some people do make what is called a validation in/out trip and so if doing that to get classed as being a resident then makes it look easier for your partner to be eligible or will allow his application to be made, perhaps that is something you'll want to consider.





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