De Facto: Apply Sooner Vs. Later?

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De Facto: Apply Sooner Vs. Later?

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Old 09-25-2010, 01:38 PM
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De Facto: Apply Sooner Vs. Later?

Hi, everyone.

I'm a US citizen residing in Australia on a 1-year Work and Holiday Visa. My partner (an Australian citizen) and I want to apply for the De Facto Visa next year when we will have collected 12 months' worth of evidence for our living together (which will be in May).

My question is, is it better to go ahead and apply for the De Facto Visa before my Work and Holiday visa expires (which doesn't have a 'no further stay' condition) even though it would mean that we didn't technically 'live together' for an entire 12 months? we return to America together to visit families, let me apply for an ETA, and come back to Australia and then apply for the De Facto onshore?

We actually met in February when she came to the US and stayed for a month with me (I was living with my grandparents)...then I returned with her to Australia and stayed for a month on an ETA. I came back to America for 5 weeks..then in May, applied for my Work and Holiday and it was back to AU...that's where I am now....

I'm concerned because I'm not sure if ETAs come with 'no further stay' conditions and don't want to risk getting one and not being able to apply onshore. My Internet access in America is basically non-existent, so it would be very hard to apply there.

Any advice is greatly appreciated.

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Old 09-25-2010, 05:43 PM
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If you have a look at the defacto eligibility requirements and in particular the 12 months relationship requirement which has some CAQ you will see that a full 12 months relationship is required and though there is one example of a couple residing together and a separation brought about because of work, other than that if you apply with less than a12 months relationship you are putting the application into more uncertainty re it being approved.
I would not think that the period tripping back and forward would be counted but if you are currently based in ACT, NSW, Tasmania or Victoria you can see about getting a relationship registration via Births, Deaths & Marriages registries and that will waive the full 12 months requirement.
You will find getting an FBI check could take you about 10 weeks and so that is something you ought to get underway too.
ETAs do not have a No Further Stay condition though if wanting to use one you should be doing so for the intended purpose of visiting rather than specifically to apply for a partner visa though that is something you may decide on while visiting if eligible.
You will find Immi Booklet #1 , the applying section Checklist and the sticky thread by elkitten all invaluable reading.

Last edited by Wanderer; 10-03-2010 at 03:13 AM.

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Old 10-03-2010, 02:17 AM
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can you please tel me where to find Immi Booklet #1, is it in the forum?

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Old 10-03-2010, 03:04 AM
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Originally Posted by megabuff View Post
can you please tel me where to find Immi Booklet #1, is it in the forum?

The booklet can be found on the immigration website, and it's Booklet 1, Partner Migration. Here is the link that describes what it is and wil take you to a PDF download of the booklet:
Partner Migration Booklet

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