How soon do we apply for the defacto visa?

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How soon do we apply for the defacto visa?


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Old 12-27-2010, 09:41 AM
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How soon do we apply for the defacto visa?

We are currently gathering evidence for our defacto visa, and have been living together for 6 months. We were going to put in our application when we have been living together for 12 months but are now wondering if we can submit our application a few weeks sooner and have the 12 month mark fall during the application process?
It it compulsory that we submit AFTER the 12 months? Or can we do it just before?

Thanks for reading
Kirsty


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Old 12-27-2010, 09:40 PM
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You need more than 12 months as answered in your other thread.





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Old 12-29-2010, 06:17 PM
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Thats not strictly true. I would advise to check with the consulate. The website says it is a strict 12 months but we were informed at our consulate that they are not worried about a week or so. That being said I'm sure it really depends on the case officers and in particular the senior officials at the consulate.


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Old 12-30-2010, 09:50 AM
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Quote:
Originally Posted by gnrlies View Post
Thats not strictly true. I would advise to check with the consulate. The website says it is a strict 12 months but we were informed at our consulate that they are not worried about a week or so. That being said I'm sure it really depends on the case officers and in particular the senior officials at the consulate.
I saw in your post about getting the visa in China that you were told there could be some variation and what is very true is that any CO doing something like that is breaking Australian Law.
Immigration regulations are legislated and even the Minister cannot overrule legislation.
Whilst a variation is possible I do not think it is ever so likely and it is not to be suggested that anyone even contemplate it for it could be a great way to have an application rejected very quickly and lose an application fee, no grounds for appeal.
It is by far best for people to stick with what the regulations require and please desist from suggesting otherwise on this forum from hearsay.

One set of Immi annual reports a few years back indicated that visa application rejections were running at about 160,000 p.a.





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Old 12-30-2010, 10:10 AM
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Quote:
Originally Posted by Wanderer View Post
I saw in your post about getting the visa in China that you were told there could be some variation and what is very true is that any CO doing something like that is breaking Australian Law.
Immigration regulations are legislated and even the Minister cannot overrule legislation.
Whilst a variation is possible I do not think it is ever so likely and it is not to be suggested that anyone even contemplate it for it could be a great way to have an application rejected very quickly and lose an application fee, no grounds for appeal.
It is by far best for people to stick with what the regulations require and please desist from suggesting otherwise on this forum from hearsay.

One set of Immi annual reports a few years back indicated that visa application rejections were running at about 160,000 p.a.
Well I don't wish to enter into a technical discussion about something that I am not qualified to talk about, BUT on this case I am happy to go with what a senior immigration officer tells me. As I said, the best thing is to contact the embassy or consulate and run with the advice they provide. As for it being law - I highly doubt it given that you cannot codify discresion, and there is indeed discretion in the visa application process (if I remember correctly the website even says you can apply before the 12 month period although they may not approve it). Anything other than laws are simply guidelines that are adviseble to follow, but if for example for some reason you need to apply a few days shy of 12 months - it is definately worth contacting the consulate to see what they say. I know you will have far more knowledge on the matter than myself, but I will back advice right from the horses mouth anyday.


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