what visa

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what visa

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Old 12-14-2010, 10:53 PM
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what visa

hi, i trust you are all well

this is the very start for me and my partner are really confused after chatting to immigration. me and my partner met last November but i went back to England in March for 6 months. I am told that with a defacto visa you have to be living for 1year and no gaps. so my partner came to visit my family and collect me on the 18th of August 2010 and we have been living together ever since ............We live at his mums we are both studying I am a play therapist and he a conseller and it is a 2nd chance career change as we are both 36.. I am here on a visitors visa and due to fly home tempory in March and renew my visa....( get another 6 month visitors visa). Then in August 2011 we should be able to apply for the defacto.. however i called immig and they said i am leaving and breaking the 1 year by going home to England. I have no choice as i have to renew and we do not want to be appart and will be back living together in a matter of weeks ...
has any one any advise or is there another visa?. we are trying to save but do not have heaps of cash and would get married but not now now maybe after a year .............. thanks in advance Jay

Last edited by Jaydjay; 12-20-2010 at 05:22 AM.

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Old 12-20-2010, 05:24 AM
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has any one else had a temp break in a defacto visa from the end of a tourist visa?
Thanks in advance ......

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Old 12-22-2010, 07:58 AM
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Hi Jaydjay,
One of the unfortunate aspects of dealing with Immi is that they are a large organisation and that means there is always going to be significant staff turnovers and rotations and thus various levels of knowledge and experience depending on who has enquiry phone/desk manning duty.
But have a read of Australian Immigration Fact Sheet 35. One-Year Relationship Requirement and though there is no clear definition for time apart you can see from at least one of the CAQ that there can be an allowance though no one is ever going to know until an application is considered.
A couple of things you should check are
. does your current tourist visa have a No Further Stay condition? and if not you may be able to do an onshore application for a further six months.
. if there is a NFS condition, have you considered a trip to just NZ to apply for another tourist visa and even consider seeking a 12 months single entry visa.
If you do that you'll need to either do it while you have at least a few days left on your current tourist visa or book a refundable ticket to Fiji and then cancel it once in NZ and with your next tourist visa organised as NZ require you to have a flight out booked to a country you have a right of entry to before an airline will take you there.
Either way, you should be able to keep your absence to just a few days.

If you can score a 12 month visa, that'll at least make sure you get over the 12 months together whereas two by six months minus any overlap does not get you to 12 months so the concept of a refundable ticket, leaving on last day of first tourist visa and then having a few days in NZ will at least get you 2x6 plus a few days to be over 12 months and that is important.

You also need to have a good read of all the eligibility and applying criteria, study the Checklist and Booklet #1, the sticky thread by el kitten and generally bone up well on what evidence you need to compile.

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