Defacto immigration to SA

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Defacto immigration to SA

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Old 02-21-2011, 10:28 PM
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Join Date: Feb 2011
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Defacto immigration to SA

Hi there,
I'm originally from South Australia and have been living in the UK (I have a British and Australian passport) for the past 2 and a half years with my boyfriend who is British. We have been together for those two and a half years and living together for 2 of those years.

I have no decided that I would like to move back home, go back to the job and lifestyle I had and buy a house, and naturally I would like my other half to come with me.

I have been through the visa check things and I'm certain that we would need to apply for a defacto immigration thing. Now from my understanding you have to apply for a temporary and then a permanent visa. Other then this I am clueless.

How long does the process take? How long before you move do you have to have applied for the visa? and then what happens?

Absolutely clueless here

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Old 02-22-2011, 02:45 AM
Join Date: Dec 2009
Posts: 895
Users Flag! From australia

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Hi there,

I know it seems daunting, but if you read all the information thoroughly it will become more apparent as to what you have to do.

You should start off by reading the Patner Booklet #1, which is on the immigration site Partner Migration Booklet You have to read this carefully, as there is a lot of information there that won't apply to you, and some that applies to all sub-classes of the partner visa.

You should also take a look at the sticky by elkitten at the top of this visa forum for tips on how to gather evidence for the de facto visa. And then take a look at another sticky about how to present the application.

As for when you should enter Australia, the couple is usually together at the time off applcation, but sometimes the sponsor comes over first while the applicant ldges and waits overseas. You should not book any flights until you get the visa! DIAC won't rush your application just because you have flights booked. As for processing time, it coud take up to 6 months or more, but in practice it seems to take less for a straight-forward case. Look at this sticky to look at more timelines

So, start with this and you should get a cleared visiion of what to do. If you have any more questions, please get back to us

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Old 02-22-2011, 08:49 PM
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Join Date: Feb 2011
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Hey thanks for replying.
I'm currently reading through the booklet 1 thingy atm. But I have another couple of questions.

Whats the difference when applying for a partner visa when your in a defacto relationship or engaged? Does it make any difference? The only reason I ask is because we have spoken about marriage and definitely see it in our future. As for when it will happen I don't know but want to know what the difference was to the application.

Also like a lot of others we are living with his parent's and although we don't have any bills or even a bank account in both of our names we have been living together and travelling together for almost 2 and a half years now. When I first moved over here I was living down closer to London and then after being here for 6 months I moved in with him and his family. From there we have travelled down to London together on numerous occassions and recently went to Paris.

Do you think it's worth writing up some sort of contract with his parents to say that we pay our weekly rent/board to them every week as such and such amount?

As I understand it from what I've been reading we need to have the financial proof that we've been living together for the 2 years. What is the best way to do this? I know people say bank statements, but what do I highlight? We take it in turns to pay for things. We don't really have anything of personal value purchased together unless you use the travelling and going to the movies and out to dinner and stuff. Which even I don't have receipts for. Should I be keeping hold of these from now and and documenting who's payed for what and so forth? Should we think about opening a joint bank account? And how long do you have to have these before it will be what you need? How long is needed of documentation?

Thanks again

we only have our own personal belongings.

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Old 02-23-2011, 06:21 AM
Join Date: Dec 2009
Posts: 895
Users Flag! From australia

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Hi again,

I'm glad that you found my last post useful

To answer your first question, if you want to get married in the future it may be worthwhile looking at a PMV (prospective marriage visa - or fiance visa). This must be applied for offshore and you still need to provide basically the same kind of evidence as other partner visas BUT the 12-month living together is not required. You must show you have met eachother, are free to marry, and plan to get married within 9 months of entering Australia (you will have to show proof of booking a venue and/ or a celebrant/ priest etc). Then, once you enter Australia and get married you apply for a partner visa again as a married couple, providing most of the same kind of evidence again. If you get married before applying, you could go for the straight partner visa (de jure instead of de facto). Again, this takes away the 12-month requirement, though you have to show you are living together, or are not appart on a permenant basis.

As for sharing with parents, just get them to write in their statements (form 888) that you live with them, from when, and what payments/ bills you make to them. They don't have to write up a contract, as long as you show in your statements and theirs what the arrangements are.Then, you can highlight transactions in your bank statements to show money coming out of both you and your spouses' accounts to your parents as well as any other payments that you made to eachother, or for 'joint' things (like groceries, bills, travel expenses etc).

I recommend being more careful about gathering more evidence from now on that might be lacking. Keep in mind though that you don't need to double up too much on the same kind of evidence. If you're going the de facto way, I think you need evidence for at least the 12 months prior to applying, if you go the PMV or plain spouse visa, you could use 6 months worth of statements for example and use other things from way back from when you first became a serious couple.

That's all I can think of for the moment, but please get back to me if you have ant other concerns and maybe someone else can add to this thread in the meantime.

Last edited by aussiegirl; 02-23-2011 at 06:24 AM.

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