What are our chances?

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What are our chances?


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Old 08-10-2010, 04:25 AM
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Unhappy What are our chances?

In a crap situation and need as much advise as possible. please help!!

Im a 27 year old Irish girl and I have an Australian partner. We will be 1 year together at the end of this month. I have been in Australia on a 457 Work sponsorship visa for 2 years and I have unfortunately lost my job here in Australia and I'm finding it extremely hard to find an employer to take over my visa while nervously waiting the 28 days notification to vacate.

A few people I know have said they applied for the DeFacto visa early(only 6 and 9 months in a relationship) due to their partners current visa coming to an end and these have been successful. Has anyone heard of any of these cases??

We have been living together for nearly 7 months and before that we spent every night together in one or the others apartments. The lease is in my name as i have been here since Sept 09. We applied to the realestate agent to have his name added but they said they couldnt as they couldnt change the current contract. I have emails documenting them saying he was approved by the landlord to move in but they couldnt change it. We have correspondence to us individually and jointly to this address.

We have a joint bank account for the past 6 months, Showing us actively saving and purchasing Return flights to Europe so that he can meet my family in Oct and the tickets to prove it. Also my parents have booked a holiday here for christmas (I have a copy of there itinerary to proove this).

We have stat dec's from 5 friends and 3 members of his family plus my brother.
We have photos from holidays and documentation to go with them as with some events we have been to together (tickets and photos for these)

For the bills I had asked AGL to add his name on but they wouldnt as they said they only put married couples on bills together now. So the Gas and Electricity are in my name and I pay for these each quarter. Matt pays for the internet monthly and we are going to print off his bank statement showing these. The Internet works out pretty much the same as the other bills. We have always split the shopping.

What do you think our odds would be on applying for this visa after being a year together. We have known each other for over 2 years. We really are in a genuine and loving relationship and dont want to be apart for even the smallest amount of time and the last thing we want to do is have to move away from Australia. I am seriously stressing about everything, my job loss came out of the blue and has really messed up our future plans.

any and all advice is greatly appreciated xx


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Old 08-10-2010, 05:43 AM
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I'd say your chances of getting your visa are about 100%!


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Old 08-10-2010, 11:07 AM
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Originally Posted by Silentsleeper View Post
In a crap situation and need as much advise as possible. please help!!

Im a 27 year old Irish girl and I have an Australian partner. We will be 1 year together at the end of this month. I have been in Australia on a 457 Work sponsorship visa for 2 years and I have unfortunately lost my job here in Australia and I'm finding it extremely hard to find an employer to take over my visa while nervously waiting the 28 days notification to vacate.

A few people I know have said they applied for the DeFacto visa early(only 6 and 9 months in a relationship) due to their partners current visa coming to an end and these have been successful. Has anyone heard of any of these cases??

We have been living together for nearly 7 months and before that we spent every night together in one or the others apartments. The lease is in my name as i have been here since Sept 09. We applied to the realestate agent to have his name added but they said they couldnt as they couldnt change the current contract. I have emails documenting them saying he was approved by the landlord to move in but they couldnt change it. We have correspondence to us individually and jointly to this address.

We have a joint bank account for the past 6 months, Showing us actively saving and purchasing Return flights to Europe so that he can meet my family in Oct and the tickets to prove it. Also my parents have booked a holiday here for christmas (I have a copy of there itinerary to proove this).

We have stat dec's from 5 friends and 3 members of his family plus my brother.
We have photos from holidays and documentation to go with them as with some events we have been to together (tickets and photos for these)

For the bills I had asked AGL to add his name on but they wouldnt as they said they only put married couples on bills together now. So the Gas and Electricity are in my name and I pay for these each quarter. Matt pays for the internet monthly and we are going to print off his bank statement showing these. The Internet works out pretty much the same as the other bills. We have always split the shopping.

What do you think our odds would be on applying for this visa after being a year together. We have known each other for over 2 years. We really are in a genuine and loving relationship and dont want to be apart for even the smallest amount of time and the last thing we want to do is have to move away from Australia. I am seriously stressing about everything, my job loss came out of the blue and has really messed up our future plans.

any and all advice is greatly appreciated xx
I've never seen anyone posting on this forum or others that they have been successful with getting a defacto visa with less than the 12 months relationshi requirement met and if you have a look at the link in the defacto eligibility section you'll see some CAQs, there being one example where a shorter period could be considered but not really covering your case.
Immigration regulations are set by legislation, meaning they are law and so varying considerations is most limited.

With your employment ceased, you can apply for an onshore tourist visa to give you more time and seeing you would be wanting that to seek another sponsor, they may grant you one with no No Further Stay condition and if so, even without further sponsorship that would help you get up to the 12 months but you may need to reschedule your flights .
Another poster has just posted re her Bf having been given an onshore tourist visa with no NFS.
The other thing to consider is if you are in Victoria, ACT or Tasmania you may want to see about a relationship registration and that will waive the 12 months requirement.

But other than the above, it would seem that you do have some reasonable evidence of a relationship and you may even get away with including the extra time on the basis of he moved in with you but was on occasion still using his own flat until his lease ended.
You may find it worthwhile to see if you can get a reasonable comment as a guide from an Immi officer if you go in to get a tourist visa and explain your case, putting application for a partner visa as an option you may want to consider.

Meanwhile, those people you know who claim they were able to do it may have some more detailed info for you on how they went about it.





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Old 08-10-2010, 11:07 PM
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But she is saying that at the end of this month, they will have been together for one year...


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Old 08-10-2010, 11:41 PM
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Yeah but being in a relationship for 1 year doesnt necessarily mean we have been DeFacto a year

If our visa gets declined what are the next steps? how long do you have to wait till you can apply again? What exactly are the implications of NFS? how long till you can come back again?


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Old 08-11-2010, 03:43 AM
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Oh, I didn't know that. Sorry, Silent Sleeper. I thought it counted from the day you became a couple.

Don't worry too much (easy to give that advice)... hope everything will work out brilliantly for both of you :-)

Good luck


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Old 08-11-2010, 04:07 AM
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Thanks its so stressful were going to apply from the beginning of Sept so just going to spend the rest of this month gathering firm documents


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Old 08-11-2010, 05:05 AM
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Quote:
Originally Posted by Silentsleeper View Post
Yeah but being in a relationship for 1 year doesnt necessarily mean we have been DeFacto a year

If our visa gets declined what are the next steps? how long do you have to wait till you can apply again? What exactly are the implications of NFS? how long till you can come back again?
Ideally, you do not want to put in an application that could be rejected for that's a fee lost.
Having an application rejected does not necessarily mean you cannot apply again anytime as a new application will be considered on you meeting eligibility requirements.
The NFS is a condition that goes on to visas and means unless you can get a waiver you cannot apply for another visa onshore though you can apply for another once having left Australia.
As to other steps, if nothing I mentioned above is achievable, about the only way back once left will be to seek an employer sponsorship again, independent skilled, student or offshore tourist visa, an ETA perhaps so you'll not have a No Further Stay condition applied.
To get an ETA, you'll need to see a travel or visa agent as ETA online applications by EU/UK passport holders will default to an eVisa which could have a NFS.





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Old 08-11-2010, 05:19 AM
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ok I know where your coming from. We do reckon we would have a better chance from late oct or early november. especially since he will have both been back to Ireland by that stage and he would have met my family.

what would happen for example I receive the 28 days notification just before we go away. should i go into immigration and find out what the options are there? would i be allowed back in on an ETA if i apply for one from ireland?


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Old 08-11-2010, 05:42 AM
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Originally Posted by Silentsleeper View Post
ok I know where your coming from. We do reckon we would have a better chance from late oct or early november. especially since he will have both been back to Ireland by that stage and he would have met my family.

what would happen for example I receive the 28 days notification just before we go away. should i go into immigration and find out what the options are there? would i be allowed back in on an ETA if i apply for one from ireland?
If you've not been able to find another sponsor and have advised them of having ceased your employment, I'd expect that you'll get the 28 day notice to leave before October and whenever you get it your options will be to find a sponsor or apply for another visa, ie. a tourist visa etc.
If you were thinking of seeing Immi, I'd be doing that earlier rather than later to see if you could squeeze a six month tourist visa with an NFS and re-entry out of them on the basis that you're prepared to do some travelling about to seek a new employer but have already booked flights and if you get that, it'll kind of cover you for the ETA initial period.

I'd expect an agent should be able to get an ETA approved quickly online and if you got quizzed on entry, some people do get ETAs because it allows them to visit Australia in two hits with New Zealand in between.





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