Defacto Visa App - how much is enough evidence?

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Defacto Visa App - how much is enough evidence?


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Old 02-02-2011, 08:41 PM
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Smile Defacto Visa App - how much is enough evidence?

Hi all

Thank you for all the information posted on this website.

I am in need of some guidance and support! I am an Australian, my parter is an Irish lad, who was living in Australia on a 457 sponsorship visa until Feb last year when the visa was withdrawn due to a change in the company situation.

At the same time, we met and got together. He had 28 days to leave the country after the 457 was withdrawn, so he left Oz end Feb to NZ to apply for a tourist visa for Oz, which was granted for 6 months.

During this 6 months, we decided we couldn't bear to be apart, so we made plans to move to Ireland in October 2010, and I will be here on a working holiday visa for 12 months, and in which time, we are going to apply for the defacto visa offshore to return back to Oz to settle for good.

My questions....
1- Is a bank account opened together with the same address covering a 12 month period enough to prove that we have been living together?
2 - How much 'evidence' is enough to prove defacto status?

Additional info -

- We HAVE been together over 12 months

- As soon as we had the news that the sponsorship was not going to go through in Oz, we opened a joint bank account at the same address (April 2010).

- We DO NOT have a lease with both our names on it in Australia, however I have bank records showing I was transferring funds to my partner for rent.

- We DO have a lease together here in Ireland (since Dec 2010)

- We have shared bank accounts here in Ireland & proof of large purchases together (2 x cars in Ireland)

- I move to Ireland so we could be together - I have no family or friends here

- I am actually supporting my partner financially here in Ireland as he has not been able to find work due to the recession

- My employer in Australia granted me 12 months leave of absence, so I have a secure job upon return in November 2011

- We have loads of stat decs from friends & family that will prove the relationship as valid, along with pics and receipts from overseas travel taken together in 2010.

We are intending to submit the application in April this year (which is 12 months from when the bank account was opened), with the hope of it being processed in time for me to leave at the end of my WHV in October.

Any advise/information would be greatly appreciated.


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Old 02-02-2011, 11:39 PM
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I would not rely on a joint bank account alone and you need to make use of any informative documentation on your period together in Oz.
Make use of what elkitten put together in the sticky thread and look for anything that indicates shared living including the address and expenses.
Once you feel you have sufficient evidence put it together in a clear timeline sequence as well as using the visa applying section Checklist.
Though it means a temporary separation once you have applied, you could leave Ireland and return to your employment or if you both want to return earlier you could consider your partner applying for an ETA via a travel agent so he can revisit Australia and once you have 12 months up, do an onshore application.
A poster recently applied for a lifting of the work restriction of being on a BVA while awaiting a partner visa and was successful so perhaps your partner could try the same.
Alternately whilst on the ETA he could see if there was a chance for a new employer sponsorship and if by chance his skills are of a building or engineering trade nature, there's a good chance of him getting employment as a lot of infrastructure repair/rebuilding work is needed post this years flooding and any further cyclone events that could still visit us.





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Old 02-11-2011, 10:16 AM
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Quote:
Originally Posted by Wanderer View Post
I would not rely on a joint bank account alone and you need to make use of any informative documentation on your period together in Oz.
Make use of what elkitten put together in the sticky thread and look for anything that indicates shared living including the address and expenses.
Once you feel you have sufficient evidence put it together in a clear timeline sequence as well as using the visa applying section Checklist.
Though it means a temporary separation once you have applied, you could leave Ireland and return to your employment or if you both want to return earlier you could consider your partner applying for an ETA via a travel agent so he can revisit Australia and once you have 12 months up, do an onshore application.
A poster recently applied for a lifting of the work restriction of being on a BVA while awaiting a partner visa and was successful so perhaps your partner could try the same.
Alternately whilst on the ETA he could see if there was a chance for a new employer sponsorship and if by chance his skills are of a building or engineering trade nature, there's a good chance of him getting employment as a lot of infrastructure repair/rebuilding work is needed post this years flooding and any further cyclone events that could still visit us.
Thank you for this information.

Unfortunantly his profession is not in the trades area, so it is unlikely he will be able to get sponsorship.

Is there a greater risk of decline by applying for a defacto visa onshore in Australia? What are the risks?
We thought we were doing the right thing by staying together in the one country and returning to Ireland and applying from there once the 12 months is up.
Will the fact that I have moved countries for us to stay together have any weight in the application? If not, we may as well just head back to Australia now and apply onshore in April!


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Old 02-11-2011, 11:09 AM
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It'll not be so much whether you are in Australia or offshore and being offshore the application may be quicker based on processing times some posters have reported being told.
I was only suggesting the move back to Australia if in fact you desired to make an earlier return to resume working.
The main thing is to get the 12+ months resideing together up and have sound evidence of that so I'd not necessarily rush into applying in April if all you have is the joint bank account to show the relationship commencing then for that could be considered somewhat light on.
Certainly, you having gone to Ireland together is an indication of commitment as will returning together but with offshore partner visas being processed quicker you may want to weigh up that and your partners then definite ability to work or applying too early and having a rejection with staying through the summer over there and then returning to apply onshore after you will be more certain of having the 12 months + .

The other risk of he returning on an ETA is that could flag he could be considering applying for another visa and being questioned so about that on arrival, especially if he has not been working over there and saving and does not have his own funds.
Some people recently applying online for an eVisa have in fact been granted an equivalent of an ETA and that may warrant less questioning if the intent is seen as visiting friends and he has accommodation provided.





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Old 02-15-2011, 01:20 PM
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Thank you Wanderer.

You are correct - our aim is to get back to Australia as soon as possible so at least one of us can begin to earn decent money again.

One other option we thought of, (due to the amount of time it will take to process an onshore application in Australia), was for him to complete some study in Australia (12 month course), and therefore enter the country on a Student Visa.

This way, he is eligible to work part time, and once the solid 12 months worth of evidence is accumulated, we can then submit the de-facto visa application onshore.
He would then move from a student visa to a bridging visa (but continue to complete the study), however would still be able to work part time as I believe the student visa conditions still apply until study ceases.

What risks do you see with him entering the country in this manner?
Of course the only visa applied for at this point in time is the student visa.
We understand the increased cost of the courses as a foreign student, but the benefit of me returning to work in Australia means this cost is easily covered.

We also understand that on a student visa, he can only enter Australia 1 month prior to the study commencing.
To enable earlier entry back to OZ, could he apply for a 3 month holiday visa to cross over with the student visa starting date?

Many thanks again for your ongoing advice.


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