Gay couple applying for de facto next year.

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Gay couple applying for de facto next year.

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Old 11-26-2010, 05:27 AM
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Gay couple applying for de facto next year.


I am a British citizen on my first year holiday visa in Australia. I met my boyfriend (australian citizen) a month after being here and have been with him since (for nearly 8 months). We are a gay couple who met in Cairns on April 14th and then moved to Brisbane at beginning of June and have been living together since. Originally we discussed that by the time by visa expires I was going to leave for a month and then come back in April on a tourist visa and apply for the de facto visa as it would have been over a year since we'd been together. However we then realised in recent months that you have to show that you have officially been living together, which would have been June 2010. Time has gone so quick and unfortunatley it is nearly last minute, but we spoke to a migrant agent a month ago and they said that coming back on a tourist visa to apply for the de facto visa is a bit risky because your intention is to stay in the country, not just to visit. So we decided that I would do the harvest/fruit picking work required for the 2nd year visa in one big block, and then apply for the de facto visa within my 2nd holiday visa which would allow us more time to save as well, so I am currently in Bundaberg serving my sentance, have completed 8 days so far, but I'm worried that I might not be able to cope with the work, or complete the work in time as my visa expires 11th March 2011. It is possible to do but i'm over worrying about days that may not be included towards it (i.e. days off: leave, sick, unable to work due to weather). I want to leave Australia for a month regardless when my visa expires to see my family and friends in England. My other main concern is that when we apply for the de facto visa they will see that we had 3 months apart doing this seasonal work and therefore it shows that we are apart. I still class our apartment as my home but am just staying in a hostel in Bundaberg for work, ensuring I work everyday possible. Would this create a problem when applying for the de facto visa? It's killing my right now that I can't be with my partner, but he has to stay in Brisbane for his Job and like wise with me in Bundaberg, I really don't know what the best option is anymore. Whether I go back to Brisbane and be with him until my visa expires and earn money, then go back to england for a month or so, then come back on a tourist visa in May and apply for the de facto visa in June or to continue with this work and get my 2nd year visa (if I can do it in time). Does anyone have any advice on this situation?????


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Old 12-22-2010, 11:20 PM
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For sure, the best way you can ensure getting the more than 12 months together will be to continue with the working to get your three months up and I'd not be too concerned with needing the odd day off or not able to work because of the rain for if the employer is recording your employment by the week, you'll just need the 13 weeks up.
If you're finding the ag work a bit tough, have you looked to see if any of the farms have work in their sorting/packing sheds as that will probably be a bit easier to take during the coming warmer months.
Alternately, if you have sufficient weeks left to be a bit flexible, there's also WWOOF Australia Official Website that you could consider.
Have a good read of the WHV seasonal work requirements anyway and you can see just what ammount of time you'll need to work/wwoof and if the Bf has some holiday time, you may even be able to find some wwoofing together but get it or work closer to Brisbane and if you are returning on weekends or whatever the time apart should not come into it for you'll have the next full twelve months anyway.
If you want to head back to the UK when your first visa expires, that should present a problem if you keep the absence away to not much more than a month or so or otherwise you could be expected to start the 12 months count again.
You can see from the 12 months requirement under eligibility that absences can be allowed if there's an appropriate reason, working being the one given - Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801)
So follow the eligibility and applying section info including having a read of the Booklet#1 and use the Checklist and you should be on the right track.

If you do not get the ammount of regional time together for the second WHV, do not despair for what the agent has referred to means that OK you are using a tourist visa to return on and that is quite in keeping for many people on WHVs who want to see more of Australia and quite a few WHV holders decide on a trip to NZ at the end of a WHV to return on a visitor visa.
You probably would want to see a travel agent if doing that to get yourself an ETA for they will not have a No Further Stay condition on them as a standard eVisa may which could prevent you from applying for a further visa.
So you're back here and you and the Bf on having 12 months together decide on securing the relationship and want to apply for the partner visa and that often happens too and a month away to visit the family ought to be considered not as a permanent separation which wording for eligibility re the 12 months has.

Another tack you may want to consider if you have some trade/professional skills is to check and see if you are eligible re employer sponsorship and see if you can find an employer willing to sponsor you.
I'll move the thread to the Visas and Immigration section where it'll be more noticed.

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