De facto visa + International student

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De facto visa + International student


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  #1 (permalink)  
Old 07-07-2010, 07:27 AM
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De facto visa + International student

Hello guys,

First of all many thanks for all your answers to these interesting topics. I would like to ask for your help in an issue of mine regarding the de facto visa.

I arrived in Australia ( i am NOT an Australian resident or citizen) on July 14th 2009 to start a PhD in Melbourne (international student visa till 14/09/2013). Since late July I have been in a relationship with another international student (non Australian resident or citizen). She has been registered as a 1 year MSc student and her visa expires on August 30th (when she graduates from her course). Since her course was only one year, she cannot apply for extension of her visa, have not found a sponsorship from a company, she does not want to do another course (too expensive) and in short the only way that we found with which she can stay is to come "on board" of my visa through the de facto visa. Even though we have been been together since last July we, unfortunately, have documentation that prove our co-habitation (common bank account that we use, common residence, letters from financial institutions etc) only from late March 2010 when we found out about the de facto visa.

The question is: Can we still apply for a de facto visa even though our documentation (financial report etc etc) "exists" from late March 2010? Of course, we have witnesses (family etc) that can support our application as we are a legal couple for the last 12 months.

We were thinking also of getting married; we both want to. However, we feel that if we do this is as if we are "being pressured" by the visa situation; i do not know if i can unveil the emotion through words.

Any thoughts or ideas will be more than welcome.
Thank you so much in advance for your help guys.

Kikos


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Old 07-07-2010, 09:57 AM
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Quote:
Originally Posted by kikos View Post
Hello guys,

First of all many thanks for all your answers to these interesting topics. I would like to ask for your help in an issue of mine regarding the de facto visa.

I arrived in Australia ( i am NOT an Australian resident or citizen) on July 14th 2009 to start a PhD in Melbourne (international student visa till 14/09/2013). Since late July I have been in a relationship with another international student (non Australian resident or citizen). She has been registered as a 1 year MSc student and her visa expires on August 30th (when she graduates from her course). Since her course was only one year, she cannot apply for extension of her visa, have not found a sponsorship from a company, she does not want to do another course (too expensive) and in short the only way that we found with which she can stay is to come "on board" of my visa through the de facto visa. Even though we have been been together since last July we, unfortunately, have documentation that prove our co-habitation (common bank account that we use, common residence, letters from financial institutions etc) only from late March 2010 when we found out about the de facto visa.

The question is: Can we still apply for a de facto visa even though our documentation (financial report etc etc) "exists" from late March 2010? Of course, we have witnesses (family etc) that can support our application as we are a legal couple for the last 12 months.

We were thinking also of getting married; we both want to. However, we feel that if we do this is as if we are "being pressured" by the visa situation; i do not know if i can unveil the emotion through words.

Any thoughts or ideas will be more than welcome.
Thank you so much in advance for your help guys.

Kikos
There's a few things that you could consider to support your time as a couple:
. scrutinise closely your individual bank accounts and you may find expenditure of either of you that relates to being a couple and have a read of the sticky thread by elkitten for ideas that may help.
. did your partner not have any mail addressed to the residence you have together?
. perhaps consider a relationship registration - https://online.justice.vic.gov.au/CA256902000FE154/Lookup/BDMApplication_Forms/$file/DomesticRelationship_ApplyToRegister.pdf for if you both have a Vic. drivers licence or can get one or a shooters licence and you succeed with registration then the 12 months relationship is waived.
Without a waiver, all you can do is put as strong a case as possible to support 12 months together.





Last edited by Wanderer; 07-08-2010 at 06:20 AM.

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Old 07-08-2010, 04:41 AM
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Originally Posted by Wanderer View Post
There's a few things that you could consider to support your time as a couple:
. scrutinise closely your individual bank accounts and you may find expenditure of either of you that relates to being a couple and have a read of the sticky thread by elkitten for ideas that may help.
. did your partner not have any mail addressed to the resience you have together?
. perhaps consider a relationship registration - https://online.justice.vic.gov.au/CA256902000FE154/Lookup/BDMApplication_Forms/$file/DomesticRelationship_ApplyToRegister.pdf for if you both have a Vic. drivers licence or can get one or a shooters licence and you succeed with registration then the 12 months relationship is waived.
Without a waiver, all you can do is put as strong a case as possible to support 12 months together.
Thanks a lot mate. Would you please elaborate more on the Relationship registration? If we go and register our relationship does the relationship registration form say that we already are in a 12 month relationship or does the "clock" start ticking when we actually apply for this registration (which means that we will need to wait one more year before applying for a defacto visa)..And also I do not understand the combination with the Vic drivers license. I already have one.

So to sum up if we both have a Vic drivers license and we apply say this week for the registration relationship certificate (and we receive it in 1 month) can we apply for a de facto visa mid august?

I am sorry if the questions seem a bit superficial. It is the first time that I have ever heard that the de facto 12 month waiver can be waived if we both have a vic driver's license and a relationship registration.

Cheers!
Kostas


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Old 07-08-2010, 06:15 AM
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Hi Kikos,

When you register the relationship, it means that you and your partner have a relationship that is recognised by law in the state you register in. You need a driver's or shooter's licence as a form of ID I guess in order to register.

Registering the relaitonship means that you have shown a commitment by law to be together, so that is why the 12 month requirement can be waived i.e. that requirement for the de facto visa will not be needed any more, but you still have to show financial commitment, social acceptance as a couple etc.

Take a look at thread Wanderer posted and it should give you more information.


Last edited by aussiegirl; 07-08-2010 at 06:24 AM.

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Old 07-08-2010, 06:31 AM
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Quote:
Originally Posted by kikos View Post
Thanks a lot mate. Would you please elaborate more on the Relationship registration? If we go and register our relationship does the relationship registration form say that we already are in a 12 month relationship or does the "clock" start ticking when we actually apply for this registration (which means that we will need to wait one more year before applying for a defacto visa)..And also I do not understand the combination with the Vic drivers license. I already have one.

So to sum up if we both have a Vic drivers license and we apply say this week for the registration relationship certificate (and we receive it in 1 month) can we apply for a de facto visa mid august?

I am sorry if the questions seem a bit superficial. It is the first time that I have ever heard that the de facto 12 month waiver can be waived if we both have a vic driver's license and a relationship registration.

Cheers!
Kostas
As aussiegirl has said a drivers or shooters licence is just an additional form of ID.
If you read the RR application form you'll see that with not being citizens or permanent residents, you'll not have a form of ID from Group 1. and it allows you to then provide two items of ID from Group2., your overseas passports and a drivers licence for instance.
Once you have relationship registered it is recognition of being in a defacto relationship, akin to a marriage.
So there's no time ticking.
If you have a look at the One Year Relationship Requirement link at Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801) you'll see mention of the waiver.

It has just dawned on me too Kostas that I've probably given you a huge mis direction or lets say given you false hope and I do apologise for that.
Unfortunately I have overlooked that people on student visas do not have the option of adding family members which you can see @ http://www.immi.gov.au/students/stud...w-to-apply.htm
I do say probably for I do know there are some special provisions re people doing PhDs but you'll need to check with Immi re adding a partner.
If there is an exemption from the student restriction it could be that having a partner apply is even more simple than we have discussed for you are on a TR visa and partner visas as such are for where a sponsor is a citizen or holds PR.
So I'm sorry about yje potential misleading and if you do find it is just potential please let us know.





Last edited by Wanderer; 07-08-2010 at 06:48 AM.

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