De facto visa - difficult situation

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De facto visa - difficult situation


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Old 09-29-2010, 02:24 AM
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De facto visa - difficult situation

My partner and I have been together just over a year. He is Australian and I am dual national USA/Thailand. We want to apply for the de facto visa so I can work in Australia. Currently I'm on a 1-year ETA on my USA passport with no issues except that I cannot work.

We don't know if we stand much of a chance with the de facto visa. I own my home in Thailand. I have been spending 3 months at a time in Australia (max you can in one go on the ETA) and a couple months in Thailand when I go back.

We don't have the evidence they are asking for like shared utility bills and joint bank accounts - because, well, why would we? We live together in Australia but I maintain my residence in Thailand with staff to take care of things back there as I have pets and aging parents.

I live with my partner in Australia but he pays all the bills and costs because I cannot work legally in Australia. I would like to work part-time but he plans to be the main breadwinner as we are trying to start a family.

We do not want to get married ever as that severely limits my rights in Thailand. It seems though, that between Thai law and Australian law, if/when we have children, they will require a visa to Australia as well (but that's another story).

So, in essence, I am wondering if we have a case to get a de facto visa or if it's going to be a waste of time and money to try? I have a degree and I want to work but it just seems like we don't have enough of what they are asking for. We do have heaps of photos and all of his family and friends to write letters for us. I'm 36 and he is 33.

Or, would it be best to wait until I'm pregnant to apply for the visa?


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Old 09-29-2010, 03:14 AM
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Hi american,

I think everyone goes through this whole initial "we don't have anything!!" freak out when they consider applying for de-facto. I think most people also often find that you have more than you think...even if you have to dig a little harder than some. The nice thing is that (aside from some identifying documents) nothing is really "required" in specific to apply and get approved for this visa. They give several suggestions of what could be good evidence, but I don't know of many people who have EVERYTHING that they mention in that list.

Maybe you don't have a joint account, but perhaps you could take your separate accounts and highlight anything that was paid for both of you. If you have travelled together or visited places together while you were here, bought gifts for each other, petrol, even groceries...anything that links you together financially. Explain in your personal stat decs why you have chosen to keep your separate accounts.

Also if you have spent time away, include any proof of how you kept contact during those times...phone bills, internet logs, emails...Again, explain in your stat dec why you spent time apart, and get your family/friends to confirm it in their stat decs.

If you are staying with him here in Australia, is there anyone that can attest to that? Maybe the landlord can write a statement, or maybe you have had some mail coming to his address, or even something that was addressed to both of you (cards, invitations, etc.)?

So, don't freak out, sit down and really think about what you have, the people working our cases do know we are all human and no two cases are going to be the same, and almost no one will have a "perfect" application. You might have to dig, dig, dig....or ask favours from people...but as I always say...Anything worth having is worth fighting for.

I do not know about if being pregnant helps your chances...I would not imagine it would help a terrible amount, but I might be wrong. I think that applying for a Prospective Marriage Visa might be easier but if you don't want to get married, then you cannot do that. You can always get another ETA and continue doing what you have done for a bit longer to gather more proof. But of course, you still would not have work rights....

Good luck! We will be submitting our application soon too so if you have any more questions feel free to ask!

Shy





Quote:
Originally Posted by american View Post
My partner and I have been together just over a year. He is Australian and I am dual national USA/Thailand. We want to apply for the de facto visa so I can work in Australia. Currently I'm on a 1-year ETA on my USA passport with no issues except that I cannot work.

We don't know if we stand much of a chance with the de facto visa. I own my home in Thailand. I have been spending 3 months at a time in Australia (max you can in one go on the ETA) and a couple months in Thailand when I go back.

We don't have the evidence they are asking for like shared utility bills and joint bank accounts - because, well, why would we? We live together in Australia but I maintain my residence in Thailand with staff to take care of things back there as I have pets and aging parents.

I live with my partner in Australia but he pays all the bills and costs because I cannot work legally in Australia. I would like to work part-time but he plans to be the main breadwinner as we are trying to start a family.

We do not want to get married ever as that severely limits my rights in Thailand. It seems though, that between Thai law and Australian law, if/when we have children, they will require a visa to Australia as well (but that's another story).

So, in essence, I am wondering if we have a case to get a de facto visa or if it's going to be a waste of time and money to try? I have a degree and I want to work but it just seems like we don't have enough of what they are asking for. We do have heaps of photos and all of his family and friends to write letters for us. I'm 36 and he is 33.

Or, would it be best to wait until I'm pregnant to apply for the visa?


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Old 09-29-2010, 04:51 PM
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From what you have described, I would think you are a bit short on being eligible for a defacto visa as basically a minimum 12 months relationship means that and whereas a week or so apart between the three months together may be acceptable, stretching it out longer than that is well, a bit of a stretch.
If the Aussie guy is living in ACT, NSW, Tasmania or Victoria you could look at seeing if you can get a relationship registration via B,D & M offices as that will waive the 12 months but you still need to gather evidence and a relationship registration has eligibility requirements too.
Have a look at the sticky thread by el kitten too and being pregnant will not help though once you have a child that will also waive the 12 months.
If you have a degree and work experience, looking at skilled visas, either independent or employer sponsored may also be an option for you.





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Old 10-01-2010, 09:01 AM
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I've looked at the skilled visas and since I'm a writer/journalist it's a very long shot as any Aussie can do that job. Additionally I don't really want to work full-time. I only want to be in Oz for my partner, so I am feeling so frustrated. We're a genuine couple and it feels like we can't get enough time together to qualify for a de facto because we don't already have a de facto visa. It's just going round and round in circles.

Is it possible to get an engagement visa and then later change to de facto? We do not want to get married. It's going to be a lot harder for me to travel if/when I get pregnant.

Thank you.


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Old 10-01-2010, 05:14 PM
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The engagement or PMV is a visa that is intended for a person engaged to travel to Australia and get married, and No, not to allow people to decide not to get married and opt for a defacto visa unfortunately.





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Old 10-02-2010, 07:34 PM
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I see you want a family, and I believe if you have children by him, you will automatically gain PR - that will be your best bet.


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Old 10-02-2010, 08:09 PM
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Quote:
Originally Posted by rjd1983 View Post
I see you want a family, and I believe if you have children by him, you will automatically gain PR - that will be your best bet.
I don't think anyone can automatically gain PR to Australia. PR may be granted to those in a partnership for longer than 2 years where there is a dependent child involved, however it is not automatic. We've applied in that exact situation. We had to apply for TR 309 and ask them to consider my partner for PR due to the length of our relationship and the fact we have a son. Not sure of the outcome yet however!


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