Same Sex Defacto Visa

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  • 2 Post By kttykat

Same Sex Defacto Visa

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  #1 (permalink)  
Old 02-12-2014, 04:00 PM
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Smile Same Sex Defacto Visa

Same sex defacto visa

Hi everyone,

My partner (Australian) and I (English) will have lived together here in England for 12 Months this April - yay!

Now, the current time scale process for defacto visa is 8-9 months. Which after lodging our application in April could take us to early 2015- yikes.

We have everything in order for proof of our relationship, so this is no trouble. My partners visa for England runs out in August and this is when we planned on being in Sydney. This could mean 5 months of not being together?!

Luckily after a phone call with the Australian embassy here in London I was told I can still go to Australia on either a extended tourist visa or a working holiday visa, as I am young enough (phew!). This is why I wait for the defacto visa to be completed.

I just have to be out of the country at time of approval (which they even suggested a flight to New Zealand for a few days)! Very helpful.

So, I was wondering what are peoples opinions, thoughts and experiences are on this?

Great website, very helpful & insightful!

- A xoxo

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Old 02-12-2014, 08:09 PM
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Why don't you do it the other way around? Apply for the WHV, come to Australia with your partner. Set up a household, work out if you like living in Australia, get more evidence for your application. Register your relationship if you can (That depends on the State you are in). Then apply for an onshore 820 visa. Then you don't need a trip to NZ at the time of grant or to be away from your partner at all.



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Old 02-12-2014, 08:27 PM
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Hi kttykat,

Thank you for your reply. We thought about that but the processing time is quicker offshore (slightly cheaper also, but that doesn't really matter).

I visited Australia last year for a while to meet the family and get a idea of what it would be like, etc.

- A

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Old 02-12-2014, 08:28 PM
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P.s. I think we just want to get everything done and dusted as quickly as possible (not always the case I know!)

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Old 02-12-2014, 10:48 PM
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Originally Posted by AUK&RAUS View Post
P.s. I think we just want to get everything done and dusted as quickly as possible (not always the case I know!)
Processing time may or may not be quicker offshore. Well prepared applications done onshore sometimes get a quick grant. Onshore you get a bridging visa that would let you work in Australia until a decision is made on your visa. You can be in Australia with your partner. Offshore, you will need to be offshore when it is granted. Sure you can go to NZ for a few days, but you are still looking at spending around $1000 on airfares and accommodation etc. I went to NZ to get my visa granted and it does work to do it that way.

If there is some hold up in your offshore processing you can end up waiting more than a year for the grant of your visa. Not saying that will happen but it can.

IMHO, getting to where you want to be, ie living in Australia with your partner, the simpler and more effective option is to apply onshore if possible to do so. I applied offshore and spent time and money flying around only to satisfy the conditions for the visa......


Star Hunter and CollegeGirl like this.

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Old 02-13-2014, 03:14 AM
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Hi, I agree with Kttykat and think that you should definitely consider the onshore visa. If your objective is ultimately to be with your partner as soon as possible then the onshore visa makes that possible right away, with no time apart. You don't need to worry about being out of the country at time of visa grant and with the online application for the onshore visa, you can continuously upload evidence until point of visa grant and gathering such evidence is easier when you physically cohabitate in my opinion.

You can work while waiting for the visa to process and when everything is said and done, applying onshore isn't going to be much (if any) more expensive than offshore when you consider flights out of Australia for visa grant etc.

I think the offshore visa is a great for couples who are actually living in another country together when they apply or when the applicant comes from a high risk country and who often can't get a visitors or working visa to Australia (or who have the no further stay condition slapped on). In your case, you are in a great position because your nationality is one that facilitates fairly easy access to Australia and which makes it possible for you to apply onshore.

It's entirely up to you of course, but wasn't sure if you were aware of all the facts regarding onshore visas - such as having work rights etc.

If you chose the offshore visa, then the plan you have already is perfectly reasonable and doable and whichever way you choose, I don't think you will have much trouble

Good luck!

I'm the Australian wife, in love with the American dream!

820 partner visa, applied onshore January 3, 2014. Approved September 8, 2014.

Sending love and light and my best wishes to all the lovebirds just trying to make their dreams come true xxxx

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Old 02-13-2014, 05:09 AM
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Also while they say you can just leave the country for a few days while the decision is being made, just remember that you may not get the visa granted or they may be a delay in the decision, so you maybe stuck in New Zealand for longer then a few days.

My wife was told to leave the country so the visa decision could be made, we were told it would only take 2 or 3 days at most. It ended up taking 4 weeks, lucky that we decided to go see her family in her home country and not somewhere like New Zealand.

Just something to think about.

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