yet another de facto visa query...

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yet another de facto visa query...


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Old 08-06-2010, 05:17 AM
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yet another de facto visa query...

Hi all

I've been a bit of a browser and lurker on this site for a while, and have found the info really useful. I could do with some advice on my situation, if possible.

Here's the score.

My girlfriend (Aus) and I met in London in 2008, when she was in the UK on a WHV. We got together in the September of that year, and she was looking at being sponsored by her employer (a legal recruitment agent). Unfortunately, she was let go due to the GFC in late Jan, temped for a while but ultimately had to leave the UK at end August 2009 when her visa expired. We were living apart at this point until June 2009, when she came to live with me for about 2.5 months (we have some evidence of this - bank statements etc).

At that point, I had some short-term debt to pay off and couldn't move with her, but our plan was to continue a long-distance relationship for up to a year, and for me to move to Oz to join her on a WHV, as I'm still under 30 (just), with the aim to see how things go and potentially apply for a de facto. We've got skype logs, phone bills, statements etc which proves that we were together during that time.

This all went to plan, and I'm currently in Aus on a WHV (since June 2010). We've been living together since my arrival (subletting in a houseshare but we've got some evidence, and we'll be opening things like joint accounts and bills for extra help). I'm also working for a company which is open-minded about the possibility of sponsoring me to stay longer term, and for which i'd be happy to work for beyond the six-month WHV limit.

I'm now looking at the visa options for staying longer-term, and wondering what is the best option - employer sponsorhip or de facto?

1) Do we apply for a de facto visa prior to the six-month point so I can continue working with my current employer if i so wish? If so, how will immi view our living arrangements? We've been living together for 2.5 months in UK, 9 months apart, then currently 2 months here. Would this count as a continuous period? How rigid are immi on the 12-month cohabitation requirement if you can prove you've been in a committed relationship?

2) Do i try and get my employer to sponsor me, and hold fire on the de facto until a later date? This would obviously be a easier (and cheaper) option at this stage, but I'm a little wary of hitching my cart to one horse: there were redundancies in the GFC, and I'm concerned as to where this could leave me should I get let go (or the job turn sour for any reason). Presumably, I'd have to leave the country as I'd be here for 'work', right? Also presumably I'd be able to apply for a defacto after 12 months of living together anyway, right?

To my mind, the de facto would be the better option, but riskier at this point, whereas employer sponsorhip would be safer but potentially more limiting and riskier longer-term. Of course, outside these two, as well, I still have plenty of time left on the WHV to move onto another job if neceassry, and I could also extend my WHV for another year if I fulfill the three-month agricultural requirement - all of which doesn't preclude me from applying for a de facto.

Would really appreciate views on this - obviously I'm lucky in that I have the luxury of options, which many others don't. What do y'all think?

cheers

Patchy


Last edited by aussiegirl; 08-06-2010 at 06:55 AM. Reason: adding in extra info

  #2 (permalink)  
Old 08-06-2010, 06:54 AM
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Hi Patchy,

I think you have already answered your own question... trying for a de facto visa now is a huge risk, even though you kept a long distance thing going. You don't want to waste nearly 2 grand just to be refused, so I would go the work option, be it sponsored or on your WHV.

If you are in a state that allows it, you could register the de facto relationship legally, and this would remove the 12 month requirement. From memory, there are only 3 states?? There are other posts about it on the forum, so if you search for "registering relationship" or something similar, it should come up.

If you're truly serious about eachother, and if marriage is an option, you could get married and apply as a de jure couple. Just throwing it out there, but of course it's not a light matter and should be taken seriously.


Last edited by aussiegirl; 08-06-2010 at 06:57 AM.

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Old 08-06-2010, 07:07 AM
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Quote:
Originally Posted by patchy View Post
Hi all

I've been a bit of a browser and lurker on this site for a while, and have found the info really useful. I could do with some advice on my situation, if possible.

Here's the score.

My girlfriend (Aus) and I met in London in 2008, when she was in the UK on a WHV. We got together in the September of that year, and she was looking at being sponsored by her employer (a legal recruitment agent). Unfortunately, she was let go due to the GFC in late Jan, temped for a while but ultimately had to leave the UK at end August 2009 when her visa expired. We were living apart at this point until June 2009, when she came to live with me for about 2.5 months (we have some evidence of this - bank statements etc).

At that point, I had some short-term debt to pay off and couldn't move with her, but our plan was to continue a long-distance relationship for up to a year, and for me to move to Oz to join her on a WHV, as I'm still under 30 (just), with the aim to see how things go and potentially apply for a de facto. We've got skype logs, phone bills, statements etc which proves that we were together during that time.

This all went to plan, and I'm currently in Aus on a WHV (since June 2010). We've been living together since my arrival (subletting in a houseshare but we've got some evidence, and we'll be opening things like joint accounts and bills for extra help). I'm also working for a company which is open-minded about the possibility of sponsoring me to stay longer term, and for which i'd be happy to work for beyond the six-month WHV limit.

I'm now looking at the visa options for staying longer-term, and wondering what is the best option - employer sponsorhip or de facto?

1) Do we apply for a de facto visa prior to the six-month point so I can continue working with my current employer if i so wish? If so, how will immi view our living arrangements? We've been living together for 2.5 months in UK, 9 months apart, then currently 2 months here. Would this count as a continuous period? How rigid are immi on the 12-month cohabitation requirement if you can prove you've been in a committed relationship?

2) Do i try and get my employer to sponsor me, and hold fire on the de facto until a later date? This would obviously be a easier (and cheaper) option at this stage, but I'm a little wary of hitching my cart to one horse: there were redundancies in the GFC, and I'm concerned as to where this could leave me should I get let go (or the job turn sour for any reason). Presumably, I'd have to leave the country as I'd be here for 'work', right? Also presumably I'd be able to apply for a defacto after 12 months of living together anyway, right?

To my mind, the de facto would be the better option, but riskier at this point, whereas employer sponsorhip would be safer but potentially more limiting and riskier longer-term. Of course, outside these two, as well, I still have plenty of time left on the WHV to move onto another job if neceassry, and I could also extend my WHV for another year if I fulfill the three-month agricultural requirement - all of which doesn't preclude me from applying for a de facto.

Would really appreciate views on this - obviously I'm lucky in that I have the luxury of options, which many others don't. What do y'all think?

cheers

Patchy
Quite simply you can ignore the defacto for now as you are just not eligible and the 2.5 months back in the UK and your correspondence is just background support .
Have a read of the partner visa eligibility section and the One year relationship requirement link has some CAQ.

The WHV conditions do not allow working for a single employer for more than six months whether you had a defacto visa application in or not and as I say you're not eligible and without a waiver via relationship registration or marriage you'll not be eligible until you have a 12 months relationship.

So yes, you can look at employer sponsorship and it can carry a risk re maintaining employment with a sponsor but Australia has been reasonably stable during the GFC though that is not to say it'll remain so.

Perhaps you can work for the employer for six months and go and do your three months regional work in a six month period and then they may be happy to employ you again at the start of the second WHV.
You get to fit in a bit of travelling and some way into the second WHV you could apply for a defacto and perhaps even an employer sponsorship.





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  #4 (permalink)  
Old 08-06-2010, 08:09 AM
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Cheers - am in NSW so registering won't waive the one-year requirement. Marriage is an option.... but looks like employer sponsorship or extending the WHV is the best bet for now.

thanks for your comments.

Patchy


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