De facto, skilled or student visa?

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De facto, skilled or student visa?

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Old 11-02-2010, 01:38 PM
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De facto, skilled or student visa?

Hi everybody,
I have a temporary resident visa (475) and I am currently living and working in a regional area of Australia. I've been here for a year and I have met my partner who I've been living with during the last 4 months. He has a working holiday visa which he extended for another year. He is a graduate engineer and has 6 months of experience in his career and also his career is in the SOL list.

We want to stay together and hopefully I will get my permanent residency next year, so we are wondering what pathway we should follow:

- Get my residency and sponsor him with a de facto visa.
- He gets an engineering job for 6 months and apply for an independent skilled visa.
- Reading the conditions from DIAC that states that:
All secondary applicants must hold an eligible visa. You meet this requirement if any one of the following applies to you:

* you hold a Skilled Independent Regional (Provisional) visa (Subclass 495)
* you hold a Skilled Designated Area Sponsored (Provisional) visa (Subclass 496)
* you hold a Skilled Regional Sponsored (Provisional) visa (Subclass 487 or 475)
* you hold a Bridging visa A or Bridging visa B because you have made a valid application for a Subclass 495 or Subclass 487 visa
* you hold an eligible Student visa

We thought he could change his working holiday visa for a student visa so I can include him in my application.

The thing is that we love each other so much that we dont want to be apart, his visa ceases in january 2012 and I can only apply for my residency until october 2011. So, my questions are: after how long I can sponsor someone for a visa once I have my permanent residency? Will immigration count the time we have been together with my temporary visa for a de facto application? Or is it better for him to get a student visa and include him in my application next year or that he just applies for a independent skilled visa? Any ideas? The goal is not being apart from each other and remain in Australia. Help!

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Old 11-03-2010, 04:24 PM
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The eligible visa requirement does seem to be for the 887 which is the PR visa you can apply for when holding the 475
Skilled – Regional (Residence) visa (subclass 887)
Having your partner get a student visa is one option though it could be quite expensive with international fees to be paid.
Have you considered having him added to your 475 visa as a partner once you have been together 12 months.
Skilled – Regional Sponsored (Provisional) Visa (Subclass 475)
Any time together will count towards the 12 months relationship requirement.
Alternately, though he would need to have 12 months experience to be able to apply himself for an independent skilled PR, has he beem considering an employer sponsored 457 visa and then perhaps PR sponsorship that way.
If you decide to sponsor him, you can do that once you have PR.

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Old 11-05-2010, 09:52 AM
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Thanks for that information Wanderer; these are great news for us! We were planning to save money like crazy so he could get a student visa but this save us a bit of money.

I have a few questions as well:
How long do we have to wait until he could get my visa once I include him in my visa as a secondary applicant?

When he is included, does he have to stay 2 years and work 1 year to get the PR like I have to? Or can he get it with me when I apply for my PR in October next year?

Many thanks for your answer.

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Old 11-05-2010, 11:23 PM
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It's usually only the primary applicant that has to meet residence/employment requirements of a visa and the reason I've suggested having him added to your 475 ought to be considered is that if he also has a 475 [ as a secondary applicant ], the 475 is listed as an eligible visa for the 887.
You ought to confirm with Immi that he as a 475 secondary will be eligible to be included as a secondary for your 887.
It's a simple enough request that should be able to give direction on.

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