Advice please.....not sure of best way to approach

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Advice please.....not sure of best way to approach


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Old 07-08-2010, 03:15 AM
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Advice please.....not sure of best way to approach

Hello,

Here is our situation:
1 - Partner is Irish and 2nd year working visa expires mid october,
2 - Met early Feb 10 , Have been living together since late Feb 10

Would like to know options for visa - can he extend the working visa for say 6 months and then we apply for defacto visa, as will be living together for 12months? Or can he get a touriset visa for 6 months from when the working one expires ( I can support him)

If so when can start applying for extension, or is straight forward enough tto complete the paperwork outselves or do we need to get expert assistance.

Also when would be best time to apply for defacto visa ( prior to 12 months living together or does it have to be after)

We would prefer that he does not need to go home to Ireland during any of this, or is it easier for him to apply from ireland.

Other option - if we were to becoming engaged/married, will this assist in the process and make it easier to obtain a visa.

If we were to become married - is he automatically able to stay in the country while applying for a visa.

Basically as you can tell - we are happy to do anything for him to be able to stay, we do not want to be apart during this process

We appreciate your thoughts

Thanks,
Eloise


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Old 07-08-2010, 06:18 AM
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Originally Posted by Elg555 View Post
Hello,

Here is our situation:
1 - Partner is Irish and 2nd year working visa expires mid october,
2 - Met early Feb 10 , Have been living together since late Feb 10

Would like to know options for visa - can he extend the working visa for say 6 months and then we apply for defacto visa, as will be living together for 12months? Or can he get a touriset visa for 6 months from when the working one expires ( I can support him)

If so when can start applying for extension, or is straight forward enough tto complete the paperwork outselves or do we need to get expert assistance.

Also when would be best time to apply for defacto visa ( prior to 12 months living together or does it have to be after)

We would prefer that he does not need to go home to Ireland during any of this, or is it easier for him to apply from ireland.

Other option - if we were to becoming engaged/married, will this assist in the process and make it easier to obtain a visa.

If we were to become married - is he automatically able to stay in the country while applying for a visa.

Basically as you can tell - we are happy to do anything for him to be able to stay, we do not want to be apart during this process

We appreciate your thoughts

Thanks,
Eloise
Your Irish lad can't get any extension on the WHV Eloise, a second one after the first being all that is available.
And he cannot get a visitor visa of any type while in Australia to follow a WHV unless you broke his leg or he was otherwise hospitalised and we do not want that.
Some people go to New Zealand or elsewhere that's closest and they can then apply for a visitor visa to return on but to be able to look at getting a flow on visa, he would need to look at an ETA - Electronic Travel Authority (ETA) - Online Applications for other visitor visas will likely have a No Further Stay condition applied.
An ETA gives stays of three months at a time for up to a year but he can expect to be questioned on his re-entry as to his intent for Immi do expect people to be using a visa for its intended purpose, the ETA also being a form of a visitors visa and thus if he was wanting extra time to see more of Australia that's appropriate, that he might be doing it with you something else.
He could in fact also be quizzed on his finances and so he should not take any previous employment info out with him and if he mentions that for some time, like with you he will have support that's fine.
If it's New Zealand he decides to go to, he should not leave it until the last day or so of his WHV for NZ have a requirement of having a flight out ticket to a country they have a right of entry to, so in that case he would want to book a return ticket with return date no later than last day of the WHV and then on arrival in NZ he applies for the ETA.
He will need to see a travel agent to do that as EU people have online ETA applications automatically default to an eVisa and you do not one of those because of the NFS condition.
He may also need to withdraw his WHV and he ought to contact Immi so that can be effective for a date after he is already in NZ.
So doing two stints on an ETA is one way of getting the 12 months relationship required and yes, unless you have a situation for waiving the 12 months requirement, you should not apply before you have it otherwise a rejection will be on the cards.
If by chance he has qualifications/skills in a trade/professional occupation, finding an employer for an employer sponsorship is another way to extend his stay - Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457)
But if not then getting married is one way of waiving the 12 months requirement.
It does not give a person an automatic right to stay in Australia but it is at least a step in the right direction to apply for a spouse visa if both can be done before his WHV expires and he will receive a bridging visa until a decision on the spouse visa id received.
Have a good read of Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801) including booklet#1. The sticky thread by elkitten may help as well for even though married you still need to provide evidence of relationship and commitment to disprove it being a marriage of convenience.

If by chance you live in the ACT, Victoria or Tasmania there is also the possibility of having a relationship registered and that is also a way to having the 12 months waived.
NSW also have relationship registration legislation in place but they are yet to reach agreement with the federal government.

You could also use something of a combination of the above if you did not want to rush a marriage so much and you are unable to get a relationship registration, ie.
If he departs for wherever to return on an ETA and he has the application for a PMV - Prospective Marriage Visa (Subclass 300) prepared, he could submit that once he is outside of Australia and then that can be processed while he returns on the ETA.
He'll then need to be outside of Australia to have that visa granted.

Whichever visa you may decide to go for, have a look at all the visa info on the Immi site and you'll see the information on eligibility and applying is quite clear, there being a Checklist to follow and it is not so difficult but does take a bit of effort and that is also required even if you use an agent.
The very first thing he'll need to get underway is a Police check from both Ireland and the AFP for they can take a few weeks or more.





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