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Old 02-06-2011, 11:50 AM
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Hi..my name is sarah I am 31 years old and from the uk. My boyfriend of 18 months is from Australia.

On christmas day 2009 my boyfriend came over to the Uk to live with me but unfortunately he had a wrist injury which along with the opportunity of a good job forced him back to oz in June 2010. The plan was for me to come over to australia with him where we would apply for me to stay on a de-facto visa but due to me working my notice at work i was unable to come out until early september 2010.

Due to my age i was only able to come out on a 12 month holiday visa which means that i am unable to work, but my boyfriend was prepared to support me financially and we immediately set up a joint bank account.

We sought advice from an agent in October about the visa we wanted to apply for, and she said that it would be unlikely to be passed because we had not lived together for 12 months without any period where we were seperated, (even though the main reason for his return to oz was because he was offered a good job .) She suggested that we apply for the de-facto visa in September 2011.

So we followed her advice. Although my visa is a 12 month visa i have to leave Australia every 3 months and re-enter.
When we left for a short break at the end of my 3 months i was taken aside for questioning when re-entering customs at Perth airport. They allowed me to re-enter for a further 3 months but advised that if i tried to do the same 3 months later it would be likely that i'm taken in for a formal interview and possibly sent back to the UK.... (My boyfriend and i intended to return to the Uk for 2/3 months in August 2011 for a holiday.)

This is an anxious time for me... I do not feel that I have done anything wrong and find it frustrating that i cannot apply for the visa i want due to the reason of not living together for 12 months, when the system is not being made easy for us too live together.
I dont know what steps i can take to ensure my boyfriend and i can stay together?
I also have my sister living over here who is expecting a baby in July, and am worried that if i get sent back to the uk, i will be refused entry to come and visit her.

I would be very greatful to receive any advice or hear from other people who have been in similar situations.. Thank-you Sarah


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Old 02-06-2011, 03:24 PM
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It sounds like you have been put on the equivalent of the ETA Sarah as far as the stay for three months at a time go and you may have run into someone wanting to flex their muscles a bit and if they have made a note against your passport/visa number, they could well take you in for a formal interview though it does not always happen.

If you have some funds of your own and have some support via accomodation, it would be a harsh move not to allow you a further stay but some people in Immi can have a particular approach.
The visa you are currently on will likely not have a No Further Stay condition on it and so there are a couple of things you may want to consider as an alternative to leaving and attempting to return again:
. If you have a particular qualification/skill have you had a hunt around to see what employment opportunities there may be and whether you can get an employer sponsorship visa, WA being desperate to get people in many areas.
. If not, a few weeks before you are scheduled to leave again, go into the Perth Immi office and explain how you were intending to stay until at least your sister had her baby and that you are aware of needing to leave every three months but you were taken aside on when you re-entered and told about the possibility of being refused another re-entry so to stay until after the birth you want to apply for a six months onshore tourist visa.
If you do have a definite reason to stay, funds and support, I would be surprised if you were refused.
A six month onshore visitor visa will howver likely have a No Further Stay condition on it but six months will just about get you through to September.

If they do refuse, then I would send an email to the Global Feedback Unit - Contact Us – Compliments and Complaints – Department of Immigration and Citizenship and outline the situation without indicating you were hoping to get enough time up to apply for a defacto visa but clearly stating what you are wanting until at least July for and stress the talk you got on last re-emtry.

Hopefully, one way or another you'll get it sorted.
I'll move this to Visas and Immigration.





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Old 02-07-2011, 12:50 AM
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Thankyou very much for your help...i will look into all of that immediately.


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