When should I apply??!!

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When should I apply??!!


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  #1 (permalink)  
Old 08-03-2010, 01:26 AM
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Unhappy When should I apply??!!

Hi everyone,

I need advice as to when and where I should lodge my partner visa application.

Here are the facts:

BF (Aussie) and I (English) have been togther since December 09. Living together with his parents since Jan 2010. I'm on a WHV that expires in late September 2010.

I didn't want to extend my working holiday visa through regional work as that would mean three months apart and would look bad for the visa requirements.

We registered our relationship in NSW in July. Immi says we might be able to use it to waive the 12 months relationship requirement (depending on our circumstances etc.)

All medical and character checks (AU and UK) have been completed.

So far we have the following as evidence:

Stat decs from 6+ people
Stat dec from bf's dad to prove I was living with them
joint bank accounts
separate bank account statements from when we started going out up to now that show we were in the same places at the same time (nice tip Elkitten!)
Joint travel evidence (holidays together and holidays away with his parents)
Correspondence to both of us at the same address (postcards, letters)
Photos together with friends/family
relationship registration certificate
Itemised phonebills.

I plan to go home to the UK when my visa expires in late September and then my BF will come and visit for 5 weeks in December.

My concerns are as follows...

Do I lodge our visa offhore in the UK when I get home in October. By that point we've been together 10 months but might be able to use our relationship registration as a waiver.

OR

Do I wait until the BF comes to visit me in December and then we can fly back to Sydney (me on an ETA) in January 2011 and then lodge our partner visa onshore when the 12 months are fully up.

(my main concern with this option is that by me going back to the UK and waiting around for my bf to visit, merely just to count down months makes us illegible for the visa as we are no longer living together - not even on the same bloody continent!)

What would be the best option? Obviously, like everyone else, I want it to take the least amount of time possible. I just want to get on with my life and I swear these days I can think of nothing else...

Cheers all.


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Old 08-03-2010, 04:45 AM
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Quote:
Originally Posted by pommyemma View Post
Hi everyone,

I need advice as to when and where I should lodge my partner visa application.

Here are the facts:

BF (Aussie) and I (English) have been togther since December 09. Living together with his parents since Jan 2010. I'm on a WHV that expires in late September 2010.

I didn't want to extend my working holiday visa through regional work as that would mean three months apart and would look bad for the visa requirements.

We registered our relationship in NSW in July. Immi says we might be able to use it to waive the 12 months relationship requirement (depending on our circumstances etc.)

All medical and character checks (AU and UK) have been completed.

So far we have the following as evidence:

Stat decs from 6+ people
Stat dec from bf's dad to prove I was living with them
joint bank accounts
separate bank account statements from when we started going out up to now that show we were in the same places at the same time (nice tip Elkitten!)
Joint travel evidence (holidays together and holidays away with his parents)
Correspondence to both of us at the same address (postcards, letters)
Photos together with friends/family
relationship registration certificate
Itemised phonebills.

I plan to go home to the UK when my visa expires in late September and then my BF will come and visit for 5 weeks in December.

My concerns are as follows...

Do I lodge our visa offhore in the UK when I get home in October. By that point we've been together 10 months but might be able to use our relationship registration as a waiver.

OR

Do I wait until the BF comes to visit me in December and then we can fly back to Sydney (me on an ETA) in January 2011 and then lodge our partner visa onshore when the 12 months are fully up.

(my main concern with this option is that by me going back to the UK and waiting around for my bf to visit, merely just to count down months makes us illegible for the visa as we are no longer living together - not even on the same bloody continent!)

What would be the best option? Obviously, like everyone else, I want it to take the least amount of time possible. I just want to get on with my life and I swear these days I can think of nothing else...

Cheers all.
You would I expect have problems until the NSW relationship registration is on Immi's acceptance list and that should not take so long hopefully and ought to be just the state and federal bureaucracies moving in unison though with an election on and NSW having the reputation they have at the moment, it's anybody's guess when it'll occur.
I'd reckon the yes/no response you got from Immi is that whilst by law they have to stick with the 12 months unless there are approved exceptions or waivers, an unapproved relationship registration would be seen as supportive evidence.
In however heading home at the end of the WHV, that could also then have the registration being questioned and it'll kind of have the absence and then return making measurement of the 12 months all somewhat murkier.
Have you considered the possibility of taking a trip to New Zealand in the week prior to the WHV ending and then using an ETA to return just so you can see more of Australia.
If the seeing of Australia waits for a few weeks, perhaps the Immi/NSW registration connection is done and then you would be on better ground to apply.
If need be, it could be a second trip out and in and then you may have the 12 months together if the NSW rego connection has not been assimilated with Immi regs.





  #3 (permalink)  
Old 08-03-2010, 05:11 AM
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Thanks for your help Wanderer. I considered visiting NZ and then coming back on an ETA at the end of my WHV but the only problem is expense. If I have to do the trip a couple of times it gets so expensive and more importantly - when I get back to Sydney I can't work on an ETA. So I could be back and forth to NZ for a number of months with no income. In an ideal world I'd love if my bf and I could both take off 4 or so months to go travelling and still have money saved for the visa app!

Hypothetically speaking, if I applied in October offshore and the NSW relationship registration was still not considered an acceptable waiver - do you think there's a very probable chance that it will get rejected outright? And, if it did - is there a chance I could appeal the decision on the basis that I had to go back home since by WHV was expiring and I didn't want to break the rules by just getting a tourist visa to stay in the country to eventually apply for a partner visa?

I'm really at a loss about what to do! Feel like banging my head against a brick wall!


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  #4 (permalink)  
Old 08-03-2010, 06:47 AM
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Quote:
Originally Posted by pommyemma View Post
Thanks for your help Wanderer. I considered visiting NZ and then coming back on an ETA at the end of my WHV but the only problem is expense. If I have to do the trip a couple of times it gets so expensive and more importantly - when I get back to Sydney I can't work on an ETA. So I could be back and forth to NZ for a number of months with no income. In an ideal world I'd love if my bf and I could both take off 4 or so months to go travelling and still have money saved for the visa app!

Hypothetically speaking, if I applied in October offshore and the NSW relationship registration was still not considered an acceptable waiver - do you think there's a very probable chance that it will get rejected outright? And, if it did - is there a chance I could appeal the decision on the basis that I had to go back home since by WHV was expiring and I didn't want to break the rules by just getting a tourist visa to stay in the country to eventually apply for a partner visa?

I'm really at a loss about what to do! Feel like banging my head against a brick wall!
Unfortunately, I'd reckon that without a waiver in place, you'd be a near certainty to be rejected with a partner visa application in October .
Putting in for a Prospective Marriage Visa would be another option.
Or have you looked at the possibility of a student visa, 20 hours/week work possible and you could get the 12 months up that way.
I do not think you would really have any grounds for appealing re having to go home.
But you could get lucky and the NSW registration may be up before your WHV ends or perhaps it takes just one ETA return and even two will be a lot cheaper than a return flight to UK.





  #5 (permalink)  
Old 08-04-2010, 12:25 AM
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Thanks again Wanderer.

Yeah, a prospective marriage visa is looking tempting now. I really really do not want to have to get married just to get a visa though. I'm 23 and my bf's 24 - we want to do all that when we can properly afford it.

Quick question - if you're on a student visa, can you lodge a partner visa whilst you're still studying? I think I read somewhere that all student visas instantly had a NFS condition put on them? Or would I have to wait until the course finished, then go over to NZ and return on an ETA to apply onshore?

Also - this might be a silly question, but an eVisitor is the same as an ETA but for European passport holders right? And an eVisitor doesn't have an automatic NFS condition either?

Sorry - so many questions!


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Old 08-04-2010, 12:59 AM
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Quote:
Originally Posted by pommyemma View Post
Thanks again Wanderer.

Yeah, a prospective marriage visa is looking tempting now. I really really do not want to have to get married just to get a visa though. I'm 23 and my bf's 24 - we want to do all that when we can properly afford it.

Quick question - if you're on a student visa, can you lodge a partner visa whilst you're still studying? I think I read somewhere that all student visas instantly had a NFS condition put on them? Or would I have to wait until the course finished, then go over to NZ and return on an ETA to apply onshore?

Also - this might be a silly question, but an eVisitor is the same as an ETA but for European passport holders right? And an eVisitor doesn't have an automatic NFS condition either?

Sorry - so many questions!
I've not heard of student visas having a NFS on them and it is very unlikely they would for there are many visas open to students.
It is the tourist visas that can have the NFS and though the ETA is a form of a tourist visa they do not have the NFS whereas an eVisa may though not always as with wiwo - http://www.australiaforum.com/travel...-evisitor.html .
The ETA and eVisa are not the same but applicants from the EU will apparently have an ETA default to an Evisa when applying online themselves but through a travel/immigration agent or an airline it is still possible to get an ETA.





Last edited by Wanderer; 08-04-2010 at 01:23 AM.

  #7 (permalink)  
Old 08-04-2010, 01:23 AM
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Quote:
Originally Posted by Wanderer View Post
I've not heard of student visas having a NFS on them and it is very unlikely they would for there are many visas open to students.
It is the tourist visas that can have the NFS and though the ETA is a form of a tourist visa they do not have the NFS whereas an eVisa may.
The ETA and eVisa are not the same but applicants from the EU will apparently have an ETA default to an Evisa when applying online themselves but through a travel/immigration agent or an airline it is still possible to get an ETA.
Ok, thanks for the clarification!

I've just been looking at student options on the Immi website and because I'm from the UK and would potentially be studying for a postgrad course i'd have to get a subclass 573 temp student visa. It says the following:

Higher Education Sector: Temporary Visa (Subclass 573) - Assessment Level 1

What do you reckon? Could I still apply for a partner visa whilst on this?

Many thanks again, Emma


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