De Facto Visa Nightmares!

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De Facto Visa Nightmares!


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Old 10-04-2010, 10:15 PM
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De Facto Visa Nightmares!

Hi!

I am a British girl living in Melbourne with my partner who is Australian. We have been living together since January 2010 and are applying for the De Facto Visa.

I am just confused about the medical examination requirement part of the visa. The advice on the different websites seems very conflicting. We are looking to submit our application in December.

Does anyone know if i am required to undego a medical exam BEFORE submitting the application or whether i only have to do this if asked by the case officer once we have submitted it?

Thank you !
x


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Old 10-04-2010, 11:09 PM
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I would start off by having a full and complete read of asll information and that means all links via Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801) , especially the eligibility and applying for this visa sections and Booklet #1.
You will find under Health Requirements:
Quote:
Applicants in Australia
You may attend your health examination before lodging your application for a visa as it is a formal requirement for some visas. Please check the detailed information provided on the visa application form to confirm when you need to undergo a health examination.
And there is also a heading on Arranging the Examination and What Next etc.

One thing you do not want to do is to do it too early, especially if you are intending to submit an application without a full 12 months together unless you have something of a waiver for that will be a good way to get an application refused and you have then lost the application and health examination fees.

Even without that happening, partner visas can take quite a few months and if something delays the processing, by doing your medical examination too early before application lodgement it can become invalid and you may be up for doing another.





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Old 10-04-2010, 11:41 PM
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Great - thank you.

So are you saying that i dont need to neccessarily get it done before we submit the application in december ? we will have been together for 11 months by then - by other visa runs out in January 2011.

and do you know if i automatically get given a bridgeing visa to continue to stay in the country once my other WHV runs out?


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Old 10-05-2010, 12:19 AM
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That's right, you do not need to have actually done the examination but have arranged one
Quote:
Applicants in Australia
Visa applicants in Australia must contact Medibank Health Solutions (formerly known as Health Services Australia or HSA) to arrange a health examination.
On other visas or somewhere else there is a comment about HSA providing a reference number and waiting until requested by a Case Officer or being an onshore visa they may actually schedule a time but I would wait until closer to when you are going to submit your application.

If your relationship only started in January, your WHV is going to expire in January 2011and it is late January and you have not yet done three months regional seasonal work or www.wwoof,com.au to be eligible for a second WHV if young enough, that is something I would consider doing for whilst you can put an application in with not a full 12 months relationship, a couple of things could happen:
1. You may get a bridging visa arranged only to find not long afterwards your application is rejected, your fee is lost and you have 28 days to depart Australia.
Ironically, by that time you may have a full 12 months together but being on a bridging visa I do not think you are eligible to.
2. If you lodge in person and someone actually looks at the application but that is not likely either, they could say hey!, you do not have 12 months together!

Have a read of Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801) and particularly the One year relationship requirement CAQ.

Go with less than 12 months and you are inviting rejection.
There's a couple of things other than the second WHV you could consider if you have no time together before January this year and thats:
. Getting a Relationship Registration and see sticky at the top re what Coyle experienced and you do that via the Births, Deaths and Marriages office.
Best just to do what's necessary re compliance, ie a drivers licence to go with the passport and submit your application and registration waives the 12 months though you still need good evidence of a relationship.
. Take a trip to New Zealand just before the WHV finishes, cancel it while there and apply for an ETA and come back as a visitor and if asked you can say some of that time will be spent with a friend and possibly more travel, maybe even back to NZ.
Spending time together will get you past the 12 months and then you can submit your partner visa.
But use an ETA [ and you will need to see a travel agent on arrival in NZ ] for online applications default to eVisas for Brits and it may have a No Further Stay condition applied.





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Old 10-05-2010, 01:42 AM
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Thank you so much - this is all so helpful ! We have only been living together since January 2010 in Australia but we got together in London in January 2009 - we werent living together at this point but we were a couple and have photos to prove this and he came on family holidays with me and my family etc - so we have effectively been together for nearly 2 years. Will this help things.

So the best thing to do is to book the medical exam and have proof of the appointment but i dont actually need to have it conducted until i am asked?

I am also going back to the UK from 18th Dec 2010 til 3 rd Jan 2011 (my visa expires 8th Jan 2011) - so this is why we are going to lodge the application in the first week of december. i was told i would be given a bridging visa which will let me travel to and from the UK while they are deciding on the visa ? and even though my WHV expires on 8th Jan 2011 - the bridgeing visa should cover me untill the De facto of rejected or granted....is this right?


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Old 10-05-2010, 05:16 AM
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Quote:
Originally Posted by Helen View Post
Thank you so much - this is all so helpful ! We have only been living together since January 2010 in Australia but we got together in London in January 2009 - we werent living together at this point but we were a couple and have photos to prove this and he came on family holidays with me and my family etc - so we have effectively been together for nearly 2 years. Will this help things.

So the best thing to do is to book the medical exam and have proof of the appointment but i dont actually need to have it conducted until i am asked?

I am also going back to the UK from 18th Dec 2010 til 3 rd Jan 2011 (my visa expires 8th Jan 2011) - so this is why we are going to lodge the application in the first week of december. i was told i would be given a bridging visa which will let me travel to and from the UK while they are deciding on the visa ? and even though my WHV expires on 8th Jan 2011 - the bridgeing visa should cover me untill the De facto of rejected or granted....is this right?
Your time together is really only boyfriend/girlfriend time and will likely not be counted as defacto relationship time.
Have a read of examples in the CAQ

I am not too sure who has told you about getting a bridging visa for even if a bridging visa is arranged, it will not kick in until the existing visa expires and so you can return on your WHV.
If your visa has not been rejected by the time your WHV expires it is usual for a Bridging Visa A to be granted but that does not allow travel and so if you want to allow for coming back after the WHV expires and mention this on lodging the partner visa they may arrange for a Bridfing Visa B.

Your biggest issue by far though is that a partner visa application is likely to be rejected.





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Old 10-05-2010, 05:37 AM
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i will be back in Oz tho when my WHV expires so surely i just wait for the bridgeing visa to be granted. though we didnt live together for that yr in the UK he did stay with me in October 09 and have his mail re-directed there so we have proof we have been at the same residence.

i guess i just need to know it is worth applying for - we have been told we should get it as by the time we lodged the visa applicaiton we will have lived in oz for just over 11 months and have been together as a couple for 2 years?

so do u think i will be granted the bridgeing visa when my WHV expires on 8th jan 2011?


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Old 10-05-2010, 01:33 PM
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The way the system would normally work is a bridging visa would be arranged at the time you lodge your partner visa and if you are back in Australia at the time your WHV expires, the bridging visa starts but just check at the time you lodge your partner visa.





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