defacto visa...urgent help needed!!

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defacto visa...urgent help needed!!


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Old 07-27-2010, 04:30 PM
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defacto visa...urgent help needed!!

Hi there,

I've been in Australia since September 2009, on a working holiday visa. I met my australian boyfriend over here, in my second week of being here and we're still together. I decided I wanted to stay here a bit longer and see how things went, so I did 3 months labour work in regional Australia so that I could apply for my second year working holiday visa. I am back in the UK in September so my plan was to apply for it before this one expires, but the farmer I worked for has given me useless evidence and we were payed cash in hand so it's all a bit dodgy... I don't want to risk it because I heard that if your visa application gets rejected then you can't apply for any other visas?

So, I'm now looking at other options. My boyfriend and I decided we want to apply for the partnership visa. However we have one massive problem, he's in the military and has been deployed in Afghanistan for the past 6 months. He still has about 2 months left. We were living together before he left but we have no way of proving it, I was just staying at his place for a couple of months before he left. Will him being in the military work in our favour in this case? I was just wondering what kind of evidence we need to gather to process our application?

He's coming to the UK to meet me once he's back from overseas, which will be in October this year, and we plan to sort out our application then. So I'll be applying for it offshore. Does anybody know how long these visa applications take to be processed? And what the next stage is? I really don't want to be apart from my boyfriend much longer... any help/advice would be much appreciated!


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Old 07-27-2010, 05:21 PM
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Quote:
Originally Posted by charliemay View Post
Hi there,

I've been in Australia since September 2009, on a working holiday visa. I met my australian boyfriend over here, in my second week of being here and we're still together. I decided I wanted to stay here a bit longer and see how things went, so I did 3 months labour work in regional Australia so that I could apply for my second year working holiday visa. I am back in the UK in September so my plan was to apply for it before this one expires, but the farmer I worked for has given me useless evidence and we were payed cash in hand so it's all a bit dodgy... I don't want to risk it because I heard that if your visa application gets rejected then you can't apply for any other visas?

So, I'm now looking at other options. My boyfriend and I decided we want to apply for the partnership visa. However we have one massive problem, he's in the military and has been deployed in Afghanistan for the past 6 months. He still has about 2 months left. We were living together before he left but we have no way of proving it, I was just staying at his place for a couple of months before he left. Will him being in the military work in our favour in this case? I was just wondering what kind of evidence we need to gather to process our application?

He's coming to the UK to meet me once he's back from overseas, which will be in October this year, and we plan to sort out our application then. So I'll be applying for it offshore. Does anybody know how long these visa applications take to be processed? And what the next stage is? I really don't want to be apart from my boyfriend much longer... any help/advice would be much appreciated!
You would think that we ought to look after our military people Cm but I do not think there is too much provision within Immi regs for that kind of thing unfortunately.
Lets just hope he continues to be safe over there.
From what you're saying, about the best you may be able to do is if the relationship is good between the two of you and you think marriage is an option, that you consider the possibility of being a modern day war bride - Prospective Marriage Visa (Subclass 300)

The other less certain approach is that if you do get well documented what time you've had together before and after his Afghanisatan duty and in a defacto sense there can be exceptions considered for where a couple has been apart and I'd be surprised if military service was not going to be seen as a reason.
It's just that two months together either side is going to be a bit thin.

If you're not ready to go down the prospective marriage path, there'd always be the possibility of you getting a tourist visa [ or get an ETA through a travel agent so there's no No Further Stay condition ] so as you could come back out here to be with him and then with longer time together you may decide marriage is a possibility or combined with the time before and after Afghanistan you would be closer to getting sufficient relationship time up.
But of course, no legal working is possible.
Depending on where you would be in Australia, it may be possible for you to register a relationship with a Syaye government and that then waives the 12 months relationship requirement for a partner visa and so would open the door a bit more.
You can do that via ACT, Tasmania and Vic. for now and perhaps soon also NSW.

Do you have a skilled occupation for if so then an employer sponsorship would be another possibility.
A student visa another and though that can be an expensive route, course fees and all, they do allow twenty hours work/week whilst studying and unlimited between semesters.

Anyway, have a think about that lot, there being a menu on left of Immi pages to relevant visa area and get back fir further help if needed.





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Old 07-27-2010, 05:43 PM
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Thanks for the reply...

I'm very new to all of this so I may need to you to explain a few things if that's ok!

With the Prospective Marriage Visa - we would still have to go down the Partnership visa path once we were married though right? Will marriage make this an easier process? I guess we'll definitely have the 12 months living together sorted by then, but I'm not sure if I want to get married just to stay in the country...

With the ETA, would I be able to get one for a 12 month period?

You mentioned registering the relationship with a state government... how does that work exactly? Do we have to be living in that state in order for us to do that?

And finally, I do have a biology degree and my dream is to become a science teacher one day, so yes I have considered studying but I would only need to do a diploma in education which is only a year. How many years studying would I need to do? My friend is studying over here and he mentioned getting a graduate visa after he's graduated. Is this similar to a permanent visa?


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Old 07-28-2010, 01:48 AM
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Quote:
Originally Posted by charliemay View Post
Thanks for the reply...

I'm very new to all of this so I may need to you to explain a few things if that's ok!

With the Prospective Marriage Visa - we would still have to go down the Partnership visa path once we were married though right? Will marriage make this an easier process? I guess we'll definitely have the 12 months living together sorted by then, but I'm not sure if I want to get married just to stay in the country...

With the ETA, would I be able to get one for a 12 month period?

You mentioned registering the relationship with a state government... how does that work exactly? Do we have to be living in that state in order for us to do that?

And finally, I do have a biology degree and my dream is to become a science teacher one day, so yes I have considered studying but I would only need to do a diploma in education which is only a year. How many years studying would I need to do? My friend is studying over here and he mentioned getting a graduate visa after he's graduated. Is this similar to a permanent visa?
Yep, the PMV means what it implies and once granted you have nine months to enter Australia, get hitched and then proceed to apply for the spouse visa all within the nine months, so yes you could say marriage more than helps - it is an integral requirement.
Some irony there in commection to shotgun marriages eh!
ETAs - http://www.immi.gov.au/visitors/tourist/976/ are valid for 12 months but only three months at a time and reason I mentioned them is more because of the no NFS condition. They could however look at tightening up on the out and return scenario for a recent addition is the bit about
Quote:
Repeat visits
An ETA is not designed to allow repeated extended stays in Australia. If you want to spend long periods in Australia for tourism purposes, you may want to consider applying for Tourist visa (subclass 676) or an alternate visa that suits your purposes.
For relationship registrations, conditions may vary a little state to state for it is state legislation that allows it and the applicants generally have to be normally resident in a state or at least one does such as NSW have in their application advice.
In Victoria, where you have one person from abroad and no Aussie PR status they accept an overseas passport and then also either a state drivers licence or shooters licence.
I have not checked the ACT or Tasmania and it seems the other states are a bit slower with the legislation.
There's a couple of recent threads where people have posted on doing it or getting ready so scroll down for a few pages and you should be able to see a pertinent heading.
Having a relationship registration is considered a defacto marriage and so enables the 12 months relationship requirement to be waived and you could move on to get apply for a partner visa but you still need good documentation that supports the relationship existing just as a married couple do and you can read up on that in Booklet #1 , linked in visa sections and in one of our sticky threads on info.
A graduate visa can be a step to a PR application for he may mean getting a 485 first which is designed to help graduates accrue some additional points they may need to get to the pass level for a PR visa, the skilled visas having a points assessment process.
You can read about them via Professionals and other Skilled Migrants - Workers - Visas & Immigration and find the points table under eligibility.
The difference for you with just one years study required and your friend is likely that he is studying here for at least two years, that being a requirement for the onshore skilled visas.
You could still study here for a year to get your teacher qualifications and if that would give you tine for a partner visa, you could still elect to do that and you would get a bridging visa if necessary between the student visa ending and a partner visa being decided upon.
If however you wanted to apply for a skilled visa, you would not be eligible with just the one years study and need to apply for an offshore version and that then means having at least one years teaching experience and being in a fair bit of a queue as your friend will be too.
If you check out some of the What's New link links from last page you'll see references to processing priority, Employer Sponsorship being right at the top and so it could even be beneficial for you while still here to check out what employment prospects may be outside of teaching initially, perhaps plenty of no feedback and knockbacks but nothing ventured, nothing gained we say and if by chance you find something, that could be a way to go or stay and then you could get some experience prior to studying for teaching - a game choice from what they say these days!





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