De facto progress tips

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De facto progress tips


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  #1 (permalink)  
Old 10-12-2010, 01:12 PM
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De facto progress tips

Hi there,
Iīm Spanish and my boyfriend Australian and we are trying to apply the de facto visa which will let me work and stay with him.
We met each other in London and we started our relationship on January 2010 but we didnīt live together. After a while, I had to come back to Spain for work reasons, but he moved with me on August 2010 (Spain). I understand the time we spend together in London it doesnīt count for the visa progress, so our de facto relationship started on August 2010 in Spain, exactly when we started living together. Is it all right?
The problem is I was living in Spain in a flat that belong to my company, so I didnīt pay any rent, water, bill, etc. Everything it was provided for my company. When he move to my house, we only paid for meals/shopping but I paid with my credit card and he paid with his credit card, but always sharing money, even if we didnīt have an account together. Also we have flight tickets because we went to visit my family in my hometown. But I don’t really can proof this time living together (photos are no enough I think).
On the other hand, I have a paper from the government where Iīm registered and is written my name and where Iīm currently living in Spain (resident documentation). When he arrived, I registered him in the same address. It will be useful?
After that, he got a very good job in Sydney, so he had to move 1st of October. Now, I want to move with him because we are a de facto relationship, but I canīt because we donīt have the requirements to get de facto visa. I left already my job, I have my ticket for the first week of November and I īm going to move to his house, where his brother and girlfriend are living (we will live together like a family). It will be a problem I have been 1 month separate of him (October) because of work reasons?
My plan is to stay with him in Sydney until get the 12 months living together. The problem is Iīm Spanish and I canīt get Work and Holiday Visa or ETA, so I applied for Evisitor (subclass 651) up 3 months.
When it will expire, I will need to find another visa. My 2 ideas are:
- Student (English general course 6 months). It let me work part time but courses are very expensive.
- Tourist visa (Subclass 679) I will need to ask for 6 months and maybe show financial supports.
Because It is my second visa, I donīt know if I will get NO FURTHER STAY CONDITION, so I would like you to give me some advises or news ideas (trying not to live the country).
I think 3 months living in Spain + 9 living in Australia will be enough to get the de facto visa. What do you think? How do you find my situation?

Thanks very my for your help
Spanish & Australian


  #2 (permalink)  
Old 10-12-2010, 02:34 PM
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Quote:
Originally Posted by Petasmar View Post
Student (English general course 6 months). It let me work part time but courses are very expensive.
This is probably your best bet. Yes, courses can be expensive. But the fact you can work up to 20 hours a week can offset this somewhat, and at the end of your course you'll end up with an Australian qualification which could prove very beneficial if you plan on searching for work after receiving your Partner visa. Remember, you don't have to do an English course. I'd be more inclined to do something related to whatever career you are looking to pursue. Also, if you choose to study for an SOL eligible course, you have a second possible route of attaining residency post-study.

Quote:
Tourist visa (Subclass 679) I will need to ask for 6 months and maybe show financial supports.
I don't see a tourist visa as being a very desirable solution, and you will definitely need to show a significant amount of available funds as you won't be permitted to work.

Quote:
Because It is my second visa, I donīt know if I will get NO FURTHER STAY CONDITION, so I would like you to give me some advises or news ideas (trying not to live the country).
A "no further stay condition" can be worked around by taking a short holiday to a neighbouring country (New Zealand, Pacific Islands or SE Asia) once you have received your new visa. It'll cost a few hundred dollars, but it's really your only viable way to overcome the condition and stay in Australia (unless exigent circumstances arise, and even then, you're rolling the dice).

Quote:
I think 3 months living in Spain + 9 living in Australia will be enough to get the de facto visa. What do you think? How do you find my situation?
Unfortunately these things aren't so clear cut, especially in cases where you have a lack of evidence to prove your initial stay together in Spain. It is certainly possible you'll be accepted, but at the end of the day, your Case Officer makes the decision based on numerous subjective factors.

The good news is that you're tackling the problem ahead of time, and collecting as much documentation to support your relationship along the way will pay off later on. Whichever visa you end up choosing, I'd be inclined to get as much documentation together the moment you get to Australia - bank accounts, phone bills, utilities, lease (if possible), etc.

Good luck!


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Old 10-12-2010, 05:01 PM
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Thanks a lot for you time. Just one more question,

Because I have only one way ticket to Sydney and Iīm traveling with a tourist visa. Might I be asked for my return ticket? Could I just say Iīm planning to go later to other country so I havenīt bought my ticket yet?

And also is it good idea to say Iīm going to visit friends?

I guess It isnīt really a big problem to travel there if you are from an European country but just to be sure because I havenīt actually planned to buy any return ticket.


Thanks again!!


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Old 10-12-2010, 05:24 PM
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Quote:
Originally Posted by Petasmar View Post
Because I have only one way ticket to Sydney and I´m traveling with a tourist visa. Might I be asked for my return ticket? Could I just say I´m planning to go later to other country so I haven´t bought my ticket yet?
Having a return flight (or even an open ticket) would be preferred, but if you don't have to have your return flight booked, you would need to show substantial funds to indicate you can afford it. Some of DIAC's biggest concerns for those arriving on tourist visas are illegal employment and overstaying visa validity periods. Substantial funding goes a long way to show that you are a genuine tourist to Austalia.

Quote:
And also is it good idea to say I´m going to visit friends?
The best advice I can give you is to just be honest. If you're asked, you can tell them you're meeting friends, your boyfriend, your family, whoever. Just tell them the truth. Be prepared to have the phone numbers of whoever you will be meeting in Australia, as DIAC may want to contact them to verify your story. I'd also recommend arranging accommodation prior to leaving Spain. Will you be staying with your boyfriend? If you are, it would also be useful for you to have his address with you in case DIAC ask you for it.


Last edited by meeken; 10-12-2010 at 05:28 PM.

  #5 (permalink)  
Old 10-13-2010, 12:02 AM
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meeken has covered a few options for you and if your objective is to get sufficient time together to apply for a defacto visa, I would make use of the time together in Spain re
Quote:
On the other hand, I have a paper from the government where I´m registered and is written my name and where I´m currently living in Spain (resident documentation). When he arrived, I registered him in the same address. It will be useful?
and if your company was knowledgeable of that, also get a letter from somewhere there and prepare ahead of time re getting statements from family and any friends too.
Post all that information along with any other documents like your birth certificate to where you will be staying for if customs decide to do a luggage search and they find a whole heap of personal documents on someone arriving on a visitor visa that looks suspicious and they will refer you to immigration who will want to know why you have a lot of documentation.
A general rule is that people entering the country should do so on a visa that matches their intent and even attempting to explain you may want to study to stay longer so as to get a partner visa may not be accepted too well.

Once here and you will want to check the eVisa confirmation to see if that has a No Further Stay condition on it, aside from studying, a couple of other options you may be able to consider are:
. Do you have qualifications/experience in a particular skilled area for perhaps you could find an employer sponsor and get a 457 visa.
. You could look at getting a relationship registration via the Births, Deaths and Marriages Registry office of NSW and if successful you could then apply for a partner visa for a relationship registration waives the 12 months requirement though you still need evidence of a defacto relationship and ongoing commitment.

Have a read of all the information via. Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801) , particularly the eligibility and applying sections and Booklet#1.
The sticky thread by elkitten is also worth reading.

But if you find studying looks to be the best route initially, check out TAFE courses and any english courses available that meet the CRICOS requirements for they are probably amongst the cheaper ones.

But regardless of what you do or plan on, any documents you do post, be they qualifications, birth certificates or just letters of experience, for immigration purposes they will all need translating for certified copies to be made and as you may not have sufficient time to do that before leaving Spain, you will want to use a registered mail system for security of original documents and then you will need to get translations done in Australia.
I'd also only post any documents on the day you leave or day before for sometimes international mail also gets examined and if it was before you arrived, that could also lead to some difficulties on arrival.

A one way ticket should present no problems and visiting a friend so as accommodation is initially covered is OK.
If you have not yet booked a ticket, have a look at the cost of getting a shuttle to Stansted in the UK for Air Asia have very cheap one way segment tickets UK to KL and KL to Melbourne or the Gold Coast and then from either of those you can get very cheap tickets to Sydney with Welcome To Tiger Airways and using those companies is one reason for a one way ticket because of cost/flexibility.

A lot of visitors to Australia do also think of taking a trip to New Zealand as well and so if you do have something of an itinerary thought in the head along with some ideas of where you may be heading to, that is no disadvantage.

Some eVisas also seem to be getting issued with ETA like conditions of multiple entry over 12 months and that may be because when someone from the UK/EU do apply for an ETA online there is an auto default to an eVisa but you can bypass that having a travel agent or an airline book an ETA for you.
So an option would exist for you if travelling out of Australia to get an ETA to return on for visiting and then there would be no No Further Stay condition.





  #6 (permalink)  
Old 10-14-2010, 08:06 PM
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Hi there,

Thanks again for you help!; I have a few questions more after you that...

I have checked the conditions of my e-visitor visa and I havenīt got the no further condition. Could I get it later? I donīt think so, but now Iīm confused. So, for the moment, I think I can do what I was planning. I was thinking what you told me about what can I study If I finally decide to apply for the student visa because it is more useful than spend months doing nothing there and get bored and:

Firstly, I have already graduated at university in my country and I have done also a post grade and a master. So I have plenty of studies (Hotel management). Therefore, it is a bit late for me to start another career, and in this case, in hospitality doesnīt have the way to get any skill visa. So I donīt really mind to focus in an English course. I think it will help me to improve my English for the future. I donīt even have done the IELTS and I hear it is important if you want to become permanent resident and to study any kind of career at university or at colleges. Could I need it in my circumstances?

Secondly, I hear about people who travel as a tourist trying to get a sponsorship from any company. I know even one case in hotels. Sometimes they offer to the company the different costs they may have to pay, so they don’t have to pay nothing for you and you get a sponsor. What can you tell me about that? It is that easy? Could I go looking for a job in Sydney to different hotels asking them to sponsor me? Anyway, in case I could, which are the requirements? Because I think I have read I need the EILTS exam to get a sponsor from an Australian company. Is there any kind of small possibility to use this way to stay there?

On the other hand, if I finally decide to study and I apply for the student visa; can I extend it after my first application? I mean, if I apply for 4 months and then I decide I want to keep studying because it wasnīt enough, can I do it? I think I can if I don’t have the not further condition but, how many possibilities may I have to get it? Because when you are studying a language, you donīt really know how long it could take you. If it is useful, my country it is in the assessment 1, so I suppose to have the best conditions and not many problems.

Finally, after 12 months living in Australia, when we are ready to apply for the de facto visa, I know it will take a few months and I will have to get a bridge visa. If I understand, I will be able to stay in the country for this period of time? Which conditions I will have? What different there are between to apply for the de facto visa from a student visa or from a tourist visa? Because if I have to spend like 5 months waiting for my de facto visa, I will need to do something. Is there any possibility to work under a bridge visa o keep studying in my case?

Hope you may help me in this news questions. I just want to be very sure about what I have to do and try to find out the best alternative. I donīt want to be lazy because even If I want to be with my boyfriend, I also want to work and try my best because Iīm very ambitious.

Thanks for your advices for my travel


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Old 10-15-2010, 12:33 AM
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It seems you may have had a look at the student visa information and from ELICOS Sector: Temporary Visa (Subclass 570) - Assessment Level 1 you can see that english language requirement is something that has usually been course specific.
I recall there may have been some discussion in the Immi/education sector of having standard minimum IELTS requirements but if that is not shown on the Immi site it would suggest nothing has been introduced.
There are english level requirements for employer sponsorships and you can read of those on Employer Sponsored Workers - Workers - Visas & Immigration

As to enrolling in a course and then seeking an extension, you will find that student visas are granted around a specific approved course for a particular time frame matching the course and so rather than an extension you would need to seek another course offer and apply for another student visa before the previous one expired.

Some shorter term course visas could have a No Further Stay condition and so that is something you will need to stay aware of.
If you have any visa without a No Further Stay condition on it and you apply for another like a partner visa when you are eligible, a bridging visa will apply and commence from when your previous visa finishs and the bridging visa will give you the same rights as the previous visa so if you were on a student visa and outside of the academic period so you had unlimited work allowed, that should continue.
Even from an eVisa or an ETA and going on to a bridging visa, there is a provision for work rights to be applied for and if you can claim financial hardship, it does seem they can be granted.

As for paying a sponsors costs, what a potential employer negotiates with a sponsor is between those two and Immi are only interested in seeing that all eligibility requirements are met.
But I would think that sponsorship is going to be developed more on an actual need basis than the possibility of fees being paid and if something like the latter is adopted by an employer it may also mean you should be wary if the sponsorship is initially a temporary residency one which most are for if a month after you started work, the employer decide they had too many staff and you no longer have employment you would quickly need to find a new sponsor or a new visa.





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Old 10-22-2010, 12:49 PM
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Hi again,
I have been arranging a few things I had the opportunity to make an interview with a very important hotel in Sydney so I really would love to have the chance to work with them. It is awesome!
It is part of an internship program I applied 6 months ago. I thought this company “Australia internships” will not give me any interview after those months, so I decided to cancel the program and apply for the e visitor (so I asked you different ways to remained in the country). But this week they called me and ask if I was still interested in this interview with this important hotel. I said yes, I had a few interviews and it was successful.
12 months internship under an OTV 442 VISA (paid). I have all the requirements so I just need the company which will sponsor me. After the interview, everything it seems perfect. If I do everything through this company, I just have to pay them and they will arrange everything for me.
But the hotel would like somebody to start as soon as possible, otherwise I donīt know if they will choose me for the position.
So the problem is that I applied for the Evisotor because I thought they couldn’t provide me any interview and now, Australia internship, on charge of the process, tell me they canīt apply until the new visa until I get to Australia on the 9th of November. I understand.
If the OTV it takes like 4-6 weeks to be granted, maybe the company will not be interested to wait so long time until I get there because itīs already summer and the hotel start being busy. They want me to start on 16th November.
What I thought I may do is get there on 9th November, start de application process by Australian internship because they are experts so they know what they have to do, wait 4-6 weeks, and meanwhile, work volunteer at the hotel (unpaid).
The internship I am interested in is in hospitality and is paid. My question is it will be possible to work unpaid until my visa is granted so it is legal and after, start working paid under the OTV 442 VISA.
I don’t really know if this kind of work unpaid will be considered as volunteer work.
It is very important for me because this visa it will let me be there 12 months! So no problems for my de facto visa requirements!

Thanks a lot !


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Old 10-23-2010, 01:31 AM
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Petasmar,
We have a saying in Australian english " we smell a rat "!
If Australian Internships - Hospitality Program is the Internship company you refer to, they seem to have a well structured web site as any good business should but they are charging an awful lot of money and that may seem to be just for the privilege of lodging an application with them and not actually a visa.
If it is for the visa, they should be a registered migration agent and then their involvement in an employment sphere is questionable

But it is not just what their web site says which makes for the rat smell for when you say
Quote:
But the hotel would like somebody to start as soon as possible, otherwise I don´t know if they will choose me for the position.
The hotel should be very aware of what all their side of the visa eligibility requirements are as shown @ Occupational Trainee Visa (Subclass 442) and unless they had already fulfilled their side of the application and position nomination, they would take some time to be organised.
If they have registered and nominated a position, that is fine but any creditable organisation should be aware or make themselves aware that there are visa applicant requirements which take time and Oz Internships should have advised them of that too.
If Oz Internships are telling you they may not choose you because your visa cannot be processed so soon, that adds to the rat smell for me.

With
Quote:
I said yes, I had a few interviews and it was successful.
and
Quote:
so I just need the company which will sponsor me
Do you mean it was just Oz Internships that interviewed you are you still in Spain? was the interview just over the phone or did they have someone Europe?
And with
Quote:
everything it seems perfect. If I do everything through this company, I just have to pay them
If you have not yet paid them anything, I might be counting my blessings.

Have they told you which Sydney Hotel this is?
What will the training conditions be, re both training program and payment!
I do not think working there unpaid whilst still on an eVisa is a good idea and though that kind of thing can be done with WWOOF Australia Official Website it does not apply to city hotels.

It just all sounds a bit suspicious to me and though there is mention of Immi monitoring activities for the 442 visa, Immigration have their hands full with other matters right now and there have been a lot of suspect activities occurring in the educational visa areas and it could also be so in the training arena too with some things under the radar aswe say.

If you have not been advised what hotel it is, certainly find out and let me know by PM if you like.





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