de-facto visa

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de-facto visa


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Old 01-03-2011, 12:57 PM
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de-facto visa

Hey there,

I am currently living with my girlfriend in Australia, I am a British Citizen here on a working holiday visa. We are in the process of getting all of our evidence together, and are hoping to submit within the next week or two. However we have come across some stumbling blocks. Firstly my WHV runs out in April and we know that the decision can take longer than three months to come back, if we have submitted the application do I automatically get a bridging visa until the decision is reached? or would I need to apply separately for that?

Any help regarding this would be helpful

Thanks
Emily


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Old 01-03-2011, 02:34 PM
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Last edited by coyle1983; 04-19-2011 at 11:03 AM.

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Old 01-03-2011, 09:02 PM
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Also Emily, will you have been residing together for a full 12 months prior to submitting your application rather than relying on just the WHV.
If not, your choices will be something like getting in three months regional seasonal work or WWOOF Australia Official Website to get yourself a second WHV or if in ACT, NSW, Tasmania or Victoria you could seek to register your relationship.
But yes, as Coyle says, if you have applied for an onshore visa and it is being processed when your existing visa without a No Further Stay condition such as the WHV expires, a Bridging Visa A will normally apply.
Some people are posting re processing times of more than 6 months btw.





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Old 01-03-2011, 09:23 PM
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We will have been living together just over the 12 month stipulation, but with a period apart when her visa ran out in the UK and I could afford to move out here, do you think that will be a problem? Also, how long do bridging visa's last? is it always until your application has been fully processed? We live in Queensland so I guess we cant register the relationship?


Thanks for the help


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Old 01-04-2011, 03:40 AM
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If you are relying on the period together in the UK, as long as the time apart was not too long, say any more than a couple of months or so, it could be acceptable though it is really going to be to the discretion of the CO and how good overall your application is.
The longer you were together in the UK and the shorter the time apart, all the better.
One thing that some people do consider in your kind of situation is to take a quick trip to NZ or somewhere in Pacific/Asia just before end of the WHV and then apply for an ETA [ not a tourist visa with a NFS condition that'll prevent applying for any other visa, so you'll need to see a travel agent to get one ] to return to Australia as many people on WHVs have not given themselves time to have a full look about.
That'll give you the opportunity to build your time together to the WHV nearly 12 months plus 3 months so you'll be over the line regardless of the time prior in the UK.
The only disadvantage is that in returning on an ETA you'll not be able to work which you could on a bridging visa from your WHV.
Another possibility if you have qualifications for an Employer Sponsored visa and can find an employer, would be to apply for one of those and so you'll have plenty of time to then get time up for the partner requirement.





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Old 01-04-2011, 03:54 AM
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Hey thanks for the advice... we spoke to someone at the immigration office today, and they said that our time apart should not be a problem so long as we have enough evidence to prove that we were still together during the time apart, which we do have, all of our letters and itemised phone bills. Also they said that our best move would be to apply for the visa in March, before the WHV runs out to get the bridging visa. Thanks for all the help you have averted many a sleepless night.

Thank you


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Old 01-04-2011, 08:15 AM
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De facto relationship with a married but separated man

Hi everyone! I am newbie here and hoping you could help me with my questions.

I am in relationship with a married but separated (not legally) man who just got his Permanent Visa in Australia. I am from high risk country. When he applied for his PR visa he indicated that he has been permanently separated with his wife in 3 years and I am his de facto partner for couple of years. He provided statutory declaration and supporting documents to prove our relationship and his permanent separation from his wife. As his de facto partner, I was asked to provide medical and penal clearance. He was asked if I will be included in his PR Visa application but he noted that I will not be included as I was still studying here in my country when he lodged his application.

Now that we decided to live together and he will sponsor me for a Partner Visa, do I still need to provide the supporting documents as proof of our relationship as well as medical and panel clearance?

Your comments or suggestions will be highly appreciated. Thank you so much.


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Old 01-04-2011, 09:29 AM
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Hindsight is wonderful Misty and in the future you may look back and think why did we [ your partner and you ] not have you down as a secondary applicant on his PR application! for if you had the evidence of a relationship at the time you could have had PR too and you would have not needed to travel to Australia permanently straight away.
Now it all means a bit more work and there are several things to consider:
. as a PR your partner should already be resident in Australia to sponsor you.
. he needs to apply to be a sponsor and that could mean seeking an Assurance of Support for you, details in the application section @ Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100) , 40SP form.
It kind of puts you in an odd situation for whilst he needs to be in Australia it is also expected that you would be residing together when you apply, that not being possible and so if he has not yet travelled to Australia, you ought to get all your application documents and evidence together so that as soon as he arrives in Australia you can submit the partner application.
That you have previously been listed as a defacto should help but things like medical examinations and penal clearance certificates have an expiry date of 12 months and so it is likely you will need to do those again but do not do them until requested by a CO as processing of your partner visa could take the better part of a year.





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