De Facto visa and Youth Allowance

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De Facto visa and Youth Allowance


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Old 10-19-2010, 09:50 AM
EtV EtV is offline
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De Facto visa and Youth Allowance

Hi there

I am a Norwegian who have lived here since 2004 (two student visas, one working holiday visa that runs out in December). When I met my partner in January 2008 we did not live together. I lived and worked on the Gold Coast, while she studied in Brisbane. Our relationship has been amazing and we are likely to get married some years down the track.

Between my last student visa and my working holiday visa I went back to Norway. This was between October and December last year. I quickly got a working holiday visa so I could return and we moved in together in Brisbane as soon as I returned. I have worked part time, freelance and even full time for three months. But the full time job fell through before they could help with a sponsored visa as I had hoped. I am now working part time on projects (practically full time), but it seems my time and options for visas are running out.

I am still hopeful I will be able to get a skilled migration visa (web developer with 16 years experience), but in the event that won't work either we are looking at a de facto visa.

Why is that our last option you ask? Because due to my partner being a student, she has been receiving youth allowance through centrelink to support herself. She has not let them know she has been living with me and therein lies our problem.

We fulfil absolutely all criteria for a defacto relationship, we can document a long and loving relationship and so can everyone around us. On the form she has to answer whether or not she's had youth allowance for the last year.

What are our options? If she tells Centrelink about the relationship, she'll have to owe the money to the government and thus invalidate her eligibility for sponsorship. If she lies and says no we'll risk a check which will probably lead us into more trouble.

What to do with this terrible catch 22?


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Old 10-19-2010, 03:32 PM
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Honesty always the best policy!





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Old 10-19-2010, 09:48 PM
EtV EtV is offline
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Quote:
Originally Posted by Wanderer View Post
Honesty always the best policy!
But who should we tell first? Immigration? Centrelink? Hoe should we approach this and what are our chances?

How will it affect my visa if our relationship is sound in every other way?


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Old 10-20-2010, 12:06 AM
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I would be having a close look at the centrelink requirements to ascertain just how much the line has been stepped over and how clearly it is marked and if you are not yet ready to put in a visa perhaps the contact with centrelink needs to occur.
Is it possible if you have not contributed to actually supporting her, she may not have a centrelink issue at all?
At the same time I would be reviewing closely how I feel I come up trumps with a partner application for they will likely measure your 12 months relationship period from when you moved in and if that has been since returning on the WHV and you put in an application just before the end of the WHV you may fall short of 12 months.
Some people have been known to seek extra time together via another visa before applying.
Her being on a centrelink allowance may not affect the visa other than they asking for an Assurer of Support.





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Old 10-20-2010, 10:20 AM
EtV EtV is offline
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Weighing up our options it seems that it will be just too risky to go through with. This leaves me with Skilled Migration, of which there are separate issues. See separate thread. And thanks.


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