De Facto Visa applied but great concern. Pls help!

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De Facto Visa applied but great concern. Pls help!

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Old 01-27-2011, 03:37 AM
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Join Date: Jan 2011
Location: Gold Coast, QLD
Posts: 14
Users Flag! From germany

De Facto Visa applied but great concern. Pls help!

Hi everyone,

I have recently applied for a de facto visa but after talking to a friend I'm concerned about what I sent in.
I'm currently on a Working Holiday 2 Visa, this will expire in the beginning of February and I assume I will automatically be put on Bridging Visa A from then on.

Concern 1:
I haven't received any confirmation yet, even tho I sent the application away about 2 weeks ago. I only have 2 more weeks to go until my visa expires.

Concern 2:
I have worked with my own ABN and wonder whether this was okay to do? I provided the information which visa I'm on but was granted the ABN without any further questions.

Concern 3:
My partner and I have opened a small business half a year ago. I thought this would be great evidence as we are carrying responsibility for this together. I never found any restrictions saying I wouldn't be allowed to have my own business on a working holiday visa. I could only do this for a max of 6 months?? I sent in evidence of our business, will this mean trouble?

Concern 4:
My partner and I moved in with a friend over a year ago. We always paid him rent cash. We don't have a rental agreement. Will this be a problem? Instead I sent in 3 letters with our address on it from 3 different points of time. They were bank statements, flight bookings and letters from the toll road office.

Concern 5:
We also don't have joint bank accounts apart from the business account. Shouldn't one be enough or does it have to be the personal accounts that are joint?

Concern 6:
I read that photos are not considered to be legal evidence which is why I didn't send any in. I have a whole heap of photos of us over the last 1.5 years tho as I am a passionate photographer. I also have photos from holidays overseas in NZ and Tonga with both of us in them.
Does it make sense to send anything like that in now even though I sent off my application 2 weeks ago?

Do you think my application will be rejected?
I wonder if they think they need a little more proof for anything: will they contact me and ask for it or just flat out reject my application?
Does anyone have experience with that?

Also: How about the medical and police check? Should I wait until they ask me to send it in? (In the application it said I have the choice of sending it in later as the relationship requirements need to be fulfilled first anyway) Or should I just do them soon and send them soon?

A few facts on our relationship:
-We physically met and fell in love with each other in May 2009.
-We moved together in October 2009 and since live in the same place.
-We went on a holiday to NZ in Feb 2010 and to Tonga in Sept 2010. I sent the flight tickets to DIAC
-We opened a tour guiding business in June 2010 for students to the Beach and National Parks, everything legal: insurance, ecoeccess, operator accreditation (at the moment not doing any tours tho as I'm not allowed to work more than 6 months in the same job)

Thanks a lot for any advice!!!
I'm so worried...

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Old 01-27-2011, 07:24 AM
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To a certain extent, the more you can send in to support your relationship the better it is as far as documentation from third parties go as you have done, something that is hard proof of your residing together etc. and that is more important than photographs of you both together but a few would not have hurt.
1. Not receiving any advice just yet is not to be too concerned about for Immi will likely have had people on leave this time of year and bridging visas do normally get issued to take over when your existing visa expires.
To put your mind at rest, give them a ring or go in and see them and ask if you can submit some more info like photos.
2. Working with your own ABN and being self employed is OK and you should be able to continue for it is only six months with a single employer and if you run a business, it is not as though you have an employer.
3. And yes, any documentation about doing that together and showing a common address is good and there should be no trouble from that.
4. It would be good if your friend was prepared to write up a statement detailing the rental payments, but he may have his own taxation issues if it is his own property and your payments can be considered income to him, though the chances of the ATO Xreferencing to an Immi application support statement would be rather minimal.
Leases together and bills in both names are great but if you do not have them, anything as you are using to show a common address is also fine.
5. With separate bank accounts you could still go through them to match up withdrawals to paymnts for both of you and with credit card accounts, any purchases that represent something for both of you.
You could have a read of the sticky thread by elkitten to see the type of stuff she pulled together and see if there are any ideas there for further info if you are asked.

Normally, you would be contacted re additional info if they deem it necessary rather than a flat rejection unless it was very obvious for whatever reason you did not have a chance of a visa being granted.

You may want to get your overseas police checks under way if you haven't for some can take awhile, seven weeks as I understand for the UK and even longer for the FBI if you're from the US and then there may be getting finger prints from here to send, possibly another couple of months.
And you also will need an AFP check as well.
Medicals you can get down reasonably quickly by just ringing around approved medicos, so probably no great rush on that.

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Old 01-31-2011, 12:09 AM
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Join Date: Jan 2011
Location: Gold Coast, QLD
Posts: 14
Users Flag! From germany


Thanks so much Wanderer!!!
I have heard all sort of different opinions now (even from an immigration agent) and decided to again call up immigration to make sure.

1. They will send me confirmation of my application by Friday, or early next week and I will be put on Bridging Visa A.

2. ABN and Business: I read and heard everywhere this would not be allowed. BUT I was just told on the phone: Having my own ABN and business is fine. I'm just not allowed to work in my business for longer than 6 months. I AM SOOO RELIEVED !!!

3. I asked whether I should send in some more information like photos or phone bills but was told to wait until I was being contacted by immigration.

4. The lady was very annoyed on the phone asking me whether I haven't read the list of things I need to include. Made me very angry as I told her I did and it said that there was the option to send in police checks and medicals later. She said I need to do this now, so I will.

So again thank you very much, most of your advice was right and you were a great help. Makes me be way more optimistic now

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