De Facto Visa Info

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De Facto Visa Info


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Old 12-20-2010, 06:06 PM
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Hi thanks for looking at this post.

I am an Australian citizen and my partner of 5 years is a UK citizen. We have a child who is 15 months old. We have been living together in the UK for 5 years and have now thought we would take the plunge and head out to Australia for a year or so next November 2011

1. How does my partner go about applying for a de facto visa - should this be done now in the UK, or should he enter on a holiday visa then apply in Australia? Would it be better to apply now to speed up the time taken for Permanent residency to be achieved?
2. Would he have to enter Australia within a specific time of being granted the visa?
2. How long would he need to be in Australia before being granted permanent residency?
3. In that time, how long would we be able to leave Australia for and return to the UK/Europe? Is there an amount of days or time span that he must not exceed to jeopardise chances of gaining permanent residency.

We would like to come back to the UK in June July time 2012 to see family back in the UK but our main concern is the permanent residency in Australia so we can decide where we want our lives to be.

Many thanks for your time.

Heather


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Old 12-20-2010, 08:01 PM
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Quote:
Originally Posted by heather View Post
1. How does my partner go about applying for a de facto visa - should this be done now in the UK, or should he enter on a holiday visa then apply in Australia? Would it be better to apply now to speed up the time taken for Permanent residency to be achieved?
As you're offshore and you don't plan to visit Australia until November next year you should apply offshore (it's cheaper).

Due to the length of your relationship (more than 3 years) he will most likely granted a permanent residency visa without needing an interim temporary one.

You should know that a PR visa isn't permanent and only allows entry into Australia for a maximum of five years. After this time you are expected to apply for citizenship or a Resident Return Visa before leaving Australia. If you're outside of Australia when it expires - and you're not a citizen - getting back in can be tricky. Apparently it is done this way to stop people getting PR when they are young, then retiring to Australia many years later without ever paying any taxes or contributing to the society.

You should download and read the official Partner Migration booklet several times: http://www.immi.gov.au/allforms/booklets/1127.pdf

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Originally Posted by heather View Post
2. Would he have to enter Australia within a specific time of being granted the visa?
He will have to validate his visa within twelve months of getting his medicals or police checks done.

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Originally Posted by heather View Post
2. How long would he need to be in Australia before being granted permanent residency?
As I say, because you've been together for more than 3 years and have a child he will be entitled to a permanent partner visa. He can become a citizen after four years of being a PR, providing he's lived in Australia for three of them (there are apparently waivers that MPs can use to get around this but I've not known anyone use them).

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Originally Posted by heather View Post
3. In that time, how long would we be able to leave Australia for and return to the UK/Europe? Is there an amount of days or time span that he must not exceed to jeopardise chances of gaining permanent residency.
Same comment as above.

Good luck

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Last edited by Zultan; 12-20-2010 at 08:05 PM.

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Old 12-21-2010, 07:50 AM
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You'll also find the eligibility and applying sections via Family - Visas & Immigration fairly straightforward as far as information goes, a lot of links there and a good Checklist to be followed.
Your partners case should be relatively straightforward as long as a clear accurate application is put in with good supportive evidence.
You may need to also fill in an application as a sponsor, that normally dependent on employment/income history though it may be more applicable to someone that is awarded TR first and perhaps not asked for if PR is granted.
As well as being cheaper to apply from abroad, it may be quicker and no complications re applying for a tourist visa and then he not being able to work while he sits out waiting for the partner visa grant.

You should also get citizenship for your child conferred and then a passport even if you also get a British one.





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Old 12-21-2010, 08:07 AM
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You should also get citizenship for your child conferred and then a passport even if you also get a British one.
Excellent advice! I missed that bit

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Old 12-21-2010, 02:38 PM
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Thanks for all the advice, its so different to the British system and I've only just got my head around that one!!! No complaints though, it sounds like it should be fairly straightforward and we have the luxury of two great countries to choose to live in. Many thanks again.


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