De Facto Visa Problems with a capital P

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De Facto Visa Problems with a capital P


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Old 01-21-2011, 09:52 PM
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De Facto Visa Problems with a capital P

Hi there

I've been following this forum for months now but just recently joined. I have applied for a de facto visa and 2weeks from 6months away and no decision yet. I have some serious questions which I would like to ask but feel that asking openly wouldn't be right.

Is there any one that knows the ins and outs of this visa as well as Embassy procedure in South Africa? I have a problem and working through an agent has complicated things.

If any can help please


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Old 01-22-2011, 01:01 AM
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Some people in the past have got partner visas via SA but relatively few and processing times have not been expressed as inordinately long.
In the past six months or so there have been posts re advice received re many locations to expect longer processing times and yet there have still been many with quite reasonable times and a few with exceptionally short processing times, a look at the time line thread indicating that.

We also get posts on occasion in respect to people having agent issues and that can be a lack of communication more often than not and then there can be people who'll want to have direct contact whilst not removing their agent as point of contact and so that will just complicate a situation for them.

But without saying what your problem/issue is, no one can really comment specifically and it is not as though they know who you are.

Edit: Just read your other post a bit before and from what was mentioned there, at a guess and I may be wrong but you may be wondering if it is how skin colour may be considered and I hope it is not at all.
Often, you do get allegations of racists in Australia and no doubt we do have people who have racist tendencies but I hope it is kept out of our governance of all things Australian and we do have people of many differnt shades of white, brown, yellow and black in Australia, there being somewhere over 200 nations that people have ancestry links to, both in distant history and more recently.
We also have indigenous people whose ancestors were here long before any European settlement and yes, bad things have happened in the past and there are still many issues that are difficult to deal with in regard to indigenous people coping with a different way of life.

But back to your situation and SA and if you do feel there is a colour/race element in how your application is being treated, I'd hope that there isn't but also understand that there can be prejudices that will not always disappear because apartheid has and there is a new way of government or different people in government.
Our Australian Embassy and Immi people are anyway not governed by South Africans in the processes they manage and as I've said above there has been something of a slow down in visa processing globally and that due to global numbers applying.
If you have put in a complete and accurate application with good supporting evidence of your relationship, you ought to get it considered appropriately.

At six months, you should have had a CO appointed I'd expect and there can be many cases where in addition to the normal medical and police clearance that is asked for, there can be an external check done which ASIO do and can take up to a further six months if not longer for ASIO resources are stretched very thin at the moment owing to the increase in people snuggling that is occurring via Indonesia and many people from the Middle East seeking asylum and ASIO need to do checks on all of those too.

So if you have been asked for a Form 80 or supplied it with your application, it may be a case of joining the gang that is waiting a much lengthier time.
Nevertheless, if you have had a CO allocated, it is not out of order for you to make contact and seek an update if you have not had one for a few months or if not having heard at all, you should certainly contact the embassy to see where your application is at.





Last edited by Wanderer; 01-22-2011 at 02:45 AM.

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Old 01-22-2011, 09:59 AM
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My girlfriend phoned the Embassy once to ask about the visa and get clarity and was told by the lady at the Embassy that my visa was denied and that the agent had been emailed to this effect. I phoned to make sure this information was correct; as my agent was on holiday; and was told rudely to ask my girlfriend. When I said she had phoned and I wanted to make sure the right file number had been given I was told same thing. The agent says that they had done no such thing and now we are told that because my girlfriend had phoned that it had raised red flags and it's all being re-reviewed.

Add to this the fact that the lady at the Embassy had said it would be done by end of November only to say every week after that an answer will be given. At the interview when I mentioned that crime and unemployment being so high in sa is one of the many reasons we wish to make a start in Oz, the lady at the embassy rolled her eyes. In the end here we sit in a peculiar situation and very uncomfortable. We wish for this to go through so we may start our life in Australia together. She already has a job and is doing well except obviously us being apart is hard.

I understand it's a sticky visa to get as some may try fake it but what about us that are telling the truth and just wish to start a life in Australia...

I wish there was help for people like us...

Oh and I'm white but that doesn't mean I'm not judged for being that. I'm not a racist and treat all equally. I know there are those that don't live by this code. The lady at the Embassy was African and not native to Australia. I don't know if anything of race has any place in all this but I hope not and don't think it should.


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Old 01-22-2011, 11:48 AM
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You will not be the first person that will have had troubles with agents and sometimes they are even known to tell fibs to clients to cover up and even if you have used one, there is not really anything they can do after submission of an application other than be an extra step in the communication chain, ofyen an obstacle more so than a help.

It seems to me a bit strange that advice would in the first place be given over the phone to the sponsor and not the applicant and that advice of a rejection would be given over the phone and I doubt very much that your girlfriend ringing up would get a review underway, all a bit strange.

So the Gf is an Aussie and she was in SA with you for at least 12 months was she and you have good evidence of that to support your relationship and she was still there when you put the application in?
If all that is so and your application was complete and accurate, I'd not hazard a guess why they would refuse it but you may want to make yourself the contact rather than rely on an agent for that, so you get advice first hand and can respond without delay to any queries.
If your application was rejected, an written advice should have have been issued with reasoning but before that happens, I would have thought there would also be some contact re supply of additional information if they thought something was lacking.
Being cobcerned about the crime rate would not even have to be mentioned as a reason and it is simple and straightforward to expalain your partner is an Aussie and wants to return home and we want to be together.





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Old 01-22-2011, 01:40 PM
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She has a permanent residence visa. We both born in SA and we lived together for a year and half. The last 2months we really battled as jobs are hard to come by and we want to settle down and start a family. The option was there to go to Australia as her dad has been living there happily for the last few years and invited us. As she has a permanent visa it was only a case of me getting a visa. She went over first to see about a job and indeed got one and has been waiting for me to get my visa approved.

We obviously didn't expect to have to have all the bits and pieces they ask for but we supplied all we could which I thought was substantial. We also got sworn statements and declarations from family and friends. Her father even writing saying we can stay at his home till we find our feet. Our family know we serious and want to settle down to start a family etc and even put that in the declarations. As this can be held up in court as is a legal document I would think it would carry some weight and they would see it as truth.

At any rate this is all proving to be an emotional roller coaster and between the agent and the Embassy we don't know were we stand or what to do. I found the manner of the lady at the Embassy to be very rude and not proper by any means. I had thought of mentioning this to someone higher above but wouldn't know who to email. I'm concerned that the ladies attitude may go against my application especially as what she has said and done that we know is not what one in that position should.


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Old 01-23-2011, 12:17 AM
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Lets put the ladies attitude aside for a moment and I feel you may have a problem your agent should have picked up on very early in the piece with your Gf for with her as just PR there is a catch in that a PR is expected to be resident in Australia at the time of application which is kind of difficult to do if you are supposed to be together when submitting an application.
Being together is referenced @ Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100)

I thought for a moment that they may have recently removed the residency requirement for I could not find a reference in the site visa sections though it is still in Booklet #1 on Page 15 under Sponsor eligibility - http://www.immi.gov.au/allforms/booklets/1127.pdf

There have been a couple of people posting in recent months re being caught out on that and one couple were even married.
So you may have a problem.

If your visa is rejected on those grounds, all you could do would be to apply for the PMV now that she is considered normally resident in Australia.





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Old 01-23-2011, 07:09 AM
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We had to prove that the relationship was still ongoing concerning that matter and all that was fine. As long as the application goes in within three months of the partner being in Australia then it is fine. At the interview that wasn't even an issue as was evident our relationship has been ongoing. It's strange as so many of the rules are but that was fine.

I really don't understand why an application would be re-reviewed because of my girlfriend phoning the Embassy to ask about my application. I was also wondering if there was anything we could do at this stage to make it a positive outcome. We never thought it would be so hard in getting a tempory visa and hope to be together again soon


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Old 01-23-2011, 08:33 AM
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All you can really do is press the agent and let him know that you need to be updated any time he gets advice or alternately remove him as the authorised recipient via http://www.immi.gov.au/allforms/pdf/956a.pdf

You could send an accompanying letter outling what has happened with the calls from yourself, your Partner and what your agent has claimed re the review and that you do have concerns re the information flow and hence yourself to now be the authorised recipient and wonder whether it is possible to get advice of what the current situation is.

I would certainly make a record of dates re your own phone call and that of your Gf and for an international call at least there should be a record with telephone people and the embassy.
You both ought to write out details of the conversation while it is clear in memory.

If you remove the agent and do not get conformation re the status of the application that reasonably indicates what the situation is, you could consider sending a letter to or emailing the Global Feedback Unit of Immi, details you'll find under the Contact Tab of any Immi site page.





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Old 01-23-2011, 12:44 PM
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Thank you. Very helpful advice. Will post on the thread about times for de facto visa once I have an answer. Awesome forum with loads of useful tips and advice.


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Old 02-16-2011, 03:59 PM
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I opted to stick with the agent as have paid so much for one and I don't really know the ins and outs of the Embassy or law. I am now a week over 6months and since December have been told it was in the hands of a more senior immigration officer to make the final decision. Unsure why they taking longer than what they should or even if that's right. Surely the times it takes; 3-6months; is there for a reason and 6months is max.

As it took 3months to get the ball rolling and now with the decision being beyond 6months, my gf and I have been apart for 10months and still unsure how much longer I will wait. Unsure if there is anything we can do to get the visa approved soon. If anyone has a suggestion please feel free to post as I am desperate to get to my love in Australia so we can start our lives there.


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