DeFacto Application

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DeFacto Application


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Old 10-05-2010, 03:47 AM
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DeFacto Application

Hello ,
I have been with my partner who is working on a 457 visa for a year, and plan to get married here in Jan.
I am currently here on a tourist visa and we submitted my DeFacto application in june. We have only just been asked to provide evidence of our relationship, which we did immediately (letters from friends family joint bank account details). My tourist visa runs out in december, does anyone have any idea how long these are taking at the moment?. Also if we haven't heard from them by december what would you suggest we do?. we have family joining us in december for the wedding and i am starting to worry now. Would i have to leave late november for a few days then return ? as its multi entry. how do bridging visas work and are people successful in getting them? i'd appriciate any help

Thanks jo.


Last edited by jojobinks; 10-05-2010 at 05:48 AM.

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Old 10-05-2010, 06:38 AM
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The main thing Jo you need to check if you haven't already Jo is that your tourist visa does not have a No Further Stay condition on it and if not, then there should be a bridging visa issued if a decision has not been made by the time your tourist visa expires.
Did you apply online via the link on Employer Sponsored Workers (e457) - Online Applications
If not, hopefully it has not got tangled with a normal partner sponsorship for your partner on a 457 is not eligible to sponsor via the PR format and perhaps that is something you can ask of the CO re what the process is but though the 457 secondary applicant requirements are not the same as for a PR situation there will still be some evidence required.
Client Service Charter shows six months but I feel that is for the PR partner temporary step and for the totally temporary partner visa where there is no NFS, I would have expected that processing would have been a shorter time than six months when applying online.

But regardless, if you have no NFS a bridging visa will kick in when the tourist visa expires and you can check that with the CO.
If you do have a NFS, you had better make plans for taking a trip to New Zealand just near end of the tourist visa and coming back in on an ETA.
If your application is being considered, it would seem to indicate there is no NFS condition but still check.





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Old 10-05-2010, 08:37 AM
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Thanks for your quick reply i have a multiply entry eta...i entered australia in sept so my first 3 months will come to an end in dec. what would you advise i do?. Should i apply for a bridging visa for the period after that, or is a short holiday in order? Many Thanks jo


Last edited by jojobinks; 10-05-2010 at 08:44 AM.

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Old 10-05-2010, 09:04 AM
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Hi Jo,

If you have already lodged a spouse visa application onshore, the CO should automatically issue you with a bridging visa to allow you to stay until a decision is made.


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Old 10-05-2010, 09:06 AM
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Really????? Thank you so much for your help (i was worried then). Thats great news , i guess its a case of contacting them for that now? or will they do it automatically? Thanks again !!!!! jo


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Old 10-05-2010, 09:26 AM
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Hi again Jo,

I'm no expert on this, but from what I've read onshore applicants are given bridging visas once the visa they are currently on runs out. So, the bridging visa carries the same conditions as whatever one they were on at the time. The bridging visa becomes active if your visa expires and there is no decision yet on your application.

If you have questions about it, contact your CO and ask them to make sure the information I have given you is accurate.


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Old 10-05-2010, 09:51 AM
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Thanks for the help!!!!. my eta doesn't run out til sept next year but obviously my first 3 month period will come to an end in december. If i can save myself the hassle and head ache of having to leave then return then thats great ... thanks jo


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Old 10-05-2010, 02:38 PM
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The ETA situation may raise a slightly diffferent situation for though it does not expire until September next year, it only allows a stay of three months following each entry and so you ought to check with the CO if a bridging visa is to be issued and the ETA cancelled or whether when your three months is up you need to leave and again return.





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