Beat the 12 month requirement for de factos

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Beat the 12 month requirement for de factos


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Old 10-12-2010, 11:29 PM
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Beat the 12 month requirement for de factos

Offshore de facto applicants need to prove that they have lived with the sponsor for the 12 months (or so - check other posts) prior to lodging the application.

There is, however, a way of avoiding this potential waste of a year.

Unless you have major religious or moral objections, get married overseas and apply for a Partner Visa immediately. Should you be granted the visa, you will be able to enter Australia as a temporary resident with all the benefits that accrue.

De facto couples applying for a Partner Visa offshore should understand that in Australia, laws for partners in a de facto relationship are almost exactly the same as for partners who are married. I say almost because the legal differences for the two types of relationships are very few.

In Australia, the major issues that affect a married couple upon divorce (and some upon mere separation) are now dealt with in much the same way for de facto couples. These issues are division of property, custody and access to children of the relationship, and spousal maintenance. De facto partners wishing to protect their finances if the relationship goes wrong can do so in a formal document without the need for a court order (that is, they can do their own "pre-nups"), just like their married counterparts.

Read more here: De facto property division

The major difference between applying for a Partner Visa as a married spouse or as a de facto partner is the need to prove the 12 month requirement of living together.

Nevertheless, both types of applicant need to show evidence of a genuine and continuing relationship: Evidence of Dependency.

But at least you do not have to convince the Department of your 12 months of domestic bliss.

Getting married and applying for a Partner Visa would remove the need for the Prospective Marriage Visa; the latter requires a detailed application also, with health and character checks, and can attract the same processing/waiting time as a Partner Visa. Furthermore, a Partner Visa would still need to be applied for - though onshore or offshore this time - following your marriage. Thus, applying for a Prospective Marriage Visa could mean a delay of up to a year for those who are keen on becoming full-fledged Australian citizens.

The benefits of a Prospective Marriage Visa are, however, many. You:

- may leave and re-enter Australia as many times as you wish before your visa ceases (nine (9) months after visa grant)
- can work in Australia
- can apply for a Partner visa in Australia after you marry your fiancé
- can study, but you will not have access to government funding
- may use Australia's medical expenses and hospital care assistance scheme, Medicare, but only if you are in Australia and have already applied for a Partner visa.

Whatever visa you apply for, keep in mind that you are allowed to enter Australia as a tourist whilst awaiting the outcome of your application.

I hope these ideas help all those de facto folks who are not sure if they meet the 12 month requirement.


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Old 10-13-2010, 12:33 AM
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In regard to the immigration aspects of what is posted by Ozmikal, all that information can be readily gleaned from examining the Immi site relevant section.

If a couple have married, they are no longer defacto and should look at eligibility for a spouse when applying for a partner visa and should also still make reference to Booklet#1 .

A marriage of convenience may not be quite as convenient as would be hoped for.

Whilst visitor/tourist visas can be used for visiting Australia whilst an offshore visa is being processed, there can be restrictions and so not all applications will be successful and even for those that are successful, a trip abroad will be required for granting of an offshore visa.





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Old 10-13-2010, 07:11 PM
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Quote:
Originally Posted by Wanderer View Post
A marriage of convenience may not be quite as convenient as would be hoped for.
Thanks for that, Wanderer.

Some of us sponsors are living in countries with constant malaria and candlelight dinners every night due to a lack of electricity, simply to be with our non-Australian partners.

So in that regard, a marriage of convenience, if it gets us both to Australia that much faster, is indeed that!

Perhaps you could tell us about some of the restrictions that may apply to a tourist visa applicant who is also applying for a partner visa offshore.


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Old 10-13-2010, 11:57 PM
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As I have indicated to you ozmikal, just getting married is not all that is required for a spouse visa and Immi do not consider marriage alone when doing an assessment.

Countries are designated high and low risk and it is not unknown for people from some high risk countries to be refused a visitor visa even when a partner visa has been applied for.





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Old 10-14-2010, 11:23 AM
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Thanks for that, as always, Wanderer.

We are in a high risk country, and you have confirmed my suspicions.


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