Best de facto route to take for US citizen without good evidence

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Best de facto route to take for US citizen without good evidence


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Old 01-19-2011, 03:39 AM
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Best de facto route to take for US citizen without good evidence

I am a US citizen, met my Aussie in Canada while traveling 4 Sept 2009 and 'lived' together for about 7 months (anecdotal proof only...would come from a stat dec from the lady we lived with); then a 5 month break with proof of a 2 week visit (I was still in school); then 2 months of 'living together' while he was in the US living with me at my parents for this past holiday season. We also visited my parents last Christmas. I've even had email correspondence with his dad, whom I've never met!

We have TONS of travel together evidence as well as several stat docs from family and friends. We can easily prove we have been together for a consecutive year, as we have phone records and emails over that 5 month gap.

This would be the best case scenario of evidence we could gather to try and go the offshore 309/100 defacto route...but I'm not sure it will fly as 'proof of living together' as required. We have no joint bank accounts, no signed lease, no cohabitation evidence besides anecdotal accounts from people.

He does live in NSW. Would registering our relationship help in this case?

I could also apply for a WHV 417 and we could live together for a year to build up the necessary cohabitation docs before going the onshore defacto 820/801 route.

However I would like to avoid the extra fees and processing time. I've also read mixed reviews where it worked for some people but then again Immi doesn't like you to come on a holiday visa with the intent of staying permanently. I will also need to remain eligible for work in Aus throughout this entire process including the bridging visas if/when they come.

Regarding fees, I read today on the Immi website that the Onshore 820/801 visa fees were just $300 AUD with a "temporary or transition visa". I read in the WHV 417 criteria that it was indeed a temporary visa. Is this legit??? Because a WHV is only $235 AUD...so a combined total of $535 would be FANTASTIC. Has anyone else put this together?


Lastly, slightly off-topic but regarding the Police Check:

I lived in Canada from Aug 09 to Sept 10. I've also been traveling extensively for the past 4 years. My passport shows I have been out of the States for a consecutive 15 months prior to Canada, but no longer than 6 months at a time in any given country. Mostly Europe which is Low-Risk, but I was in Indonesia for 2 months in 2007 which may be High-Risk. Do I need to request Police Checks from Canada as well as any other country I've been to?

We may not have the right path chosen here but we do know we want to spend the rest of our lives together (just not 9 months after I get to Oz). Any insight people can offer is greatly appreciated.

Thanks to everyone!


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Old 01-19-2011, 09:57 AM
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I would suspect you have not much of a chance getting a defacto visa with your circumstances and it is the W&HV 462 that US citizens are eligible for.
There are some restrictions with the 462 re applying for further visas and that may mean you cannot apply for a partner visa.
But if so, you head of to New Zealand and return on an ETA as below.

You actually need 12+ months as a relationship and so you should arrange to spend some time together either before or after the W&HV, some people electing to do a trip to New Zealand in last week of the W&HV and return on an ETA, keeping the gap to a minimum and entry NZ requires that you have an outward flight to a country you have a right to enter, hence doing it before your W&HV runs out.
You could consider seeking a relationship registration after being together in NSW for six months or so.

The W&HV is not an eligible transition/temporary visa for a partner visa and the fees are whatever they are at the moment + adjustment each year.

You would normally get a bridging visa whilst an onshore visa is being processed but if your 462 has a No Further Stay condition on it or you need the ETA to get the 12 months up, with an ETA there'll be no work rights on the bridging visa though you can apply to have that restriction lifted, pleading fiscal needs or whatever, one post just recently re acceptance but it is not to be relied upon.

You do need police checks from any country you have resided in for more than a year in the past ten or since age of 16 and it is to the discretion of the assessing officer whether you may be requested for police checks from other countries you have been in less than 12 months.





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Old 01-19-2011, 01:51 PM
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Quote:
Originally Posted by Wanderer View Post
I would suspect you have not much of a chance getting a defacto visa with your circumstances and it is the W&HV 462 that US citizens are eligible for.
There are some restrictions with the 462 re applying for further visas and that may mean you cannot apply for a partner visa.
But if so, you head of to New Zealand and return on an ETA as below.

You actually need 12+ months as a relationship and so you should arrange to spend some time together either before or after the W&HV, some people electing to do a trip to New Zealand in last week of the W&HV and return on an ETA, keeping the gap to a minimum and entry NZ requires that you have an outward flight to a country you have a right to enter, hence doing it before your W&HV runs out.
You could consider seeking a relationship registration after being together in NSW for six months or so.

The W&HV is not an eligible transition/temporary visa for a partner visa and the fees are whatever they are at the moment + adjustment each year.

You would normally get a bridging visa whilst an onshore visa is being processed but if your 462 has a No Further Stay condition on it or you need the ETA to get the 12 months up, with an ETA there'll be no work rights on the bridging visa though you can apply to have that restriction lifted, pleading fiscal needs or whatever, one post just recently re acceptance but it is not to be relied upon.

You do need police checks from any country you have resided in for more than a year in the past ten or since age of 16 and it is to the discretion of the assessing officer whether you may be requested for police checks from other countries you have been in less than 12 months.
We need +12 months 'in a relationship' or +12 months 'living together' to prove the de facto? I will definitely consider the ETA option. And thanks for the 417/462 confusion.

Regarding ETAs, it would also be most unfortunate if I had an interim where I could not work. In addition to the option of applying for work rights under fiscal needs, if I were to obtain the ETA first, then a W&HV, then my bridging visa would theoretically give me the same work rights while the partner visa was under decision. What are the conditions attracting a NFS on a W&HV?? And if you can't apply for another visa while on ETA, what is the viable option to stay in AUS?

Thanks Wanderer!


Last edited by to OZ!; 01-19-2011 at 01:57 PM.

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Old 01-19-2011, 02:12 PM
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If you read the 12 months relationship requirement in the visa eligibility section plus what is in Booklet #1, you'll see the references are what you would expect from residing together.
Family - Visas & Immigration
There is one example in the CAQ about being apart temporarily but you need to show some special circumstance.
You can normally apply for another visa while on an ETA as there is usually no No Further Stay condition.

You could get around the no work rights when on bridging from an ETA by getting an ETA first, still no work while on that but after a month you could fly over to NZ and apply for the 462 and head on back.
I'm not aware of what restrictions are on the 462 but that it is just mentioned in the visa info and some mention of other skilled visas from memory so it may be OK re applying for a partner visa.





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Old 01-23-2011, 02:28 AM
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hi to OZ,

i don't know what causes a NFS on a WHV 462, but according to the Immi website you can apply for a limited number of visas while on a WHV if you don't have a NFS.

Quote:
Work and Holiday visa holders without a 'No Further Stay' condition are only able to apply for a limited number of other visas from within Australia.
Example: It is not possible for Work and Holiday visa holders to apply for most skilled and student visas from within Australia. Please contact the department for further information.
(from the Immi website)

i'm an American currently on a WHV that ends in July, so i've started looking into a trip abroad & getting an ETA. not being able to work while the visa is being processed will really suck, but i have no other choice. i will just have to make sure i have money set aside for those months.... luckily my bf will still have his job.

goodluck!


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Old 03-16-2011, 12:19 AM
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Quote:
Originally Posted by Wanderer View Post
If you read the 12 months relationship requirement in the visa eligibility section plus what is in Booklet #1, you'll see the references are what you would expect from residing together.
Family - Visas & Immigration
There is one example in the CAQ about being apart temporarily but you need to show some special circumstance.
You can normally apply for another visa while on an ETA as there is usually no No Further Stay condition.

You could get around the no work rights when on bridging from an ETA by getting an ETA first, still no work while on that but after a month you could fly over to NZ and apply for the 462 and head on back.
I'm not aware of what restrictions are on the 462 but that it is just mentioned in the visa info and some mention of other skilled visas from memory so it may be OK re applying for a partner visa.
Wanderer:

After considering our options the past several weeks, I would like to apply for an ETA, then a W&HV(462), and then during this visa apply for the de facto partner visa onshore. My question now becomes two-fold:

1) Between the ETA and the 462 I must leave the country. I understand you must apply for the 462 outside the country. Must I apply for the 462 before my ETA expires? Subsequently, must I wait for the 462 to be mailed to me abroad before I re-enter AUS?

2) I'm wary of Immi looking down at my 'visa intent'. I really just want to be with my partner and make a life together. I don't want to try and 'pull a fast one'. If I remain honest about my intentions, will I still be granted the ETA and the 462?

Thanks!


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Old 03-16-2011, 12:23 AM
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Also: I have not found a concrete yes or no answer on the Immi website about whether you can apply for a partner visa after a W&H visa. It only states that one may apply for a limited number of visas. This is discouraging. (I have tried to contact the Immi dept for further info to no avail.)


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Old 03-16-2011, 01:41 AM
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An ETA is good for a validity of 12 months with stays of up to three months at a time and so your ETA will still be current when you apply for the 462 and that is OK on two accounts:
1. If it is NZ you head to, you need a flight out to a country for which you have a right of entry to [ unless you apply for a longer term visa like their WHV ] and so the ETA will give you that right for return to Australia.
2. As soon as you touch down there or once you find somewhere to stay for a few days you apply for the 462 and that will override the ETA [ and if you were up for it, you could jump on a terminal as soon as out of customs and put your application in and see how quickly it can be approved - some people having posted it is just a matter of days or less and so perhaps it could be - if the online application allows it to be saved which some do, you could have it all done waiting to just hit the enter key and submit payment details on arrival ]

Re being wary of Immi re your intent, that's fine for at least you're thinking things through and look, there'll be no real issue re arriving for the first time on an ETA and even if you mention you have a Bf here if asked for you're quite entitled to visit and have a look at what Australia is like.
You can say that is your intent and if you feel happy and content enough, you'll be heading to NZ to apply for a WHV so as to spend more time and be able to work a bit, all entirely what the WHVs are for.
Whether your relationship continues is something that not even you can predict 100% so as for Immi, what you might consider down the track is something else and as long as you abide by visa conditions it should not be an issue.
[ I'd be surprised if you even get asked actually ]
And you're not trying to pull a fast one but just complying with visas.





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Old 03-16-2011, 06:21 AM
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Thanks Wanderer,

How sure are you that I could apply for a defacto onshore visa whilst on the WHV? It seems to have been successful according to other threads, but I can't find a straight answer on the Immi website.

Cheers.


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