[URGENT HELP REQUIRED!] Subclass 820 Defacto Visa

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[URGENT HELP REQUIRED!] Subclass 820 Defacto Visa


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Old 02-28-2011, 07:04 AM
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[URGENT HELP REQUIRED!] Subclass 820 Defacto Visa

Hi guys,

My girlfriend and I have been together for approximately four years, and living together for two years. We have joint bank accounts, bills in both names, previous leases in both names, etc etc. I'm sure we'd have ample evidence of our relationship.

On the 10th of March we are heading to Japan as I will be studying there (as part of my Bachelors degree at an Australian university) for five months and my girlfriend will be reuniting with her family. We will not be living together however our residences are only one hour apart by public transport and we will be easily able to contact and meet each other over there. We are both planning to return to Australia in late July. She is currently in Australia on a tertiary student visa which is set to expire on the 15th of March.

Our original plan was to apply for a working holiday visa for her in Japan, and lodge a 820 application on return to Australia, however when I called up Immigration last month to discuss our situation, I was told that Working Holiday visas can sometimes have a No Further Stay condition attached to them which would prevent us from lodging an onshore 820 application. The lady on the phone suggested we make the application in Australia before leaving, and also apply for a Bridging Visa B which would allow us to travel.

Following her advice, we have nearly finished our application for both these visas to be lodged in Australia. We have my girlfriend's police check, health check, and Form 888 Stat Decs in regards to our defacto relationship. However, I've just come across some information suggesting that...

a) Bridging Visa B applications require the applicant to first hold a Bridging Visa A and;
b) Bridging Visa Bs require a "substantial" reason for travel to be approved. I'm unsure whether wanting to "stay together" while I complete my university degree is a valid reason.

At this point I'm extremely scared. We were planning to lodge the application later this week, but I don't want to send $2500 straight down the drain and have no route of reentry for her back into Australia.

Can anyone please give advice on our situation?

I've also considered waiting until we are in Japan and lodging there. I don't mind filling out a new set of application forms, but does anyone know if her Australia health check and police check forms will be accepted over there? (Health check in particular)

I understand it may take longer than 5 months for the visa to be approved, but what choice do we have? If she needs to stay there a little longer, so be it.

I'm trying to keep calm but I'm on the verge of a nervous breakdown. Any help is greatly appreciated.

Thank you in advance.


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Old 02-28-2011, 01:34 PM
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I think your situation is nowhere near as bad as you may think for it would seem you have been given some erroneous advice from Immi and that can happen for whoever you speak to may not always be up to speed with every visa or could even get confused.
The only WHVs that can have a NFS condition on them is the 462 versions and the 417 of which Japan citizens have access to will definitely not for there is provision with them to do three months regional work and get a second visa, details @ Visa Options - Working Holiday - Visas & Immigration

So to calm yourself immediately, you could safely return to doing what you initially planned.

The other alternative you could consider is seeing you have all the documents ready [ and it'll be the same application form with just nominating the offshore version ] , get the application in as soon as you get to Japan for March to July may just about see it processed and it'll be your time together in Australia that it will be based on.
There're two advantages with that and first is it is about $840 cheaper and second, apparently getting police reports from Japan when outside of Japan can be a real doozy so if you're over there, the application goes in pronto and your Gf gets her police report on the way.

The medical examination from here will be fine as will the AFP report from here.

You could also still lodge the application here and not bother getting any bridging visa to travel on and just get the WHV to return on, again a Japanese police report being required which she can get over there and being abroad for the four months should again not be an issue as the onshore visas are taking a considerable time of possibly nine months or so to be processed according to recent posts and she should be back well before processing is finalised and again your relationship based on current time together.

One way or another it'll be to your advantage to apply either here before leaving or on first arrival in Japan and the latter ought to be the quickest and cheapest way and either way put the bridging concern out of your mind.





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Old 02-28-2011, 03:43 PM
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Hi Wanderer,

Thanks for your reply! I've individually replied to separate sections of your post as to not muddle things up too much

Quote:
Originally Posted by Wanderer View Post
I think your situation is nowhere near as bad as you may think for it would seem you have been given some erroneous advice from Immi and that can happen for whoever you speak to may not always be up to speed with every visa or could even get confused.
The only WHVs that can have a NFS condition on them is the 462 versions and the 417 of which Japan citizens have access to will definitely not for there is provision with them to do three months regional work and get a second visa, details @ Visa Options - Working Holiday - Visas & Immigration[/url]

So to calm yourself immediately, you could safely return to doing what you initially planned.
Phew. Thank you for clearing that up. I was sure I'd read on here that it could be done, I've been lurking for quite a while to get up to speed on this. I was just freaked out when lady on the phone told me it could not be done.

Quote:
The other alternative you could consider is seeing you have all the documents ready [ and it'll be the same application form with just nominating the offshore version ] , get the application in as soon as you get to Japan for March to July may just about see it processed and it'll be your time together in Australia that it will be based on.
I'm now leaning towards this even though I never really considered it a possibility. My girlfriend actually has no necessary need to return to Australia in July, so even if it took until August or September, it wouldn't be the end of the world. Hell, money permitting, I could even fly to and from Korea to switch my Japanese Student Visa to a Tourist one and chill in Tokyo with her while we're waiting! Wouldn't that be sweet

Quote:
There're two advantages with that and first is it is about $840 cheaper
Big plus!

Quote:
and second, apparently getting police reports from Japan when outside of Japan can be a real doozy so if you're over there, the application goes in pronto and your Gf gets her police report on the way.
Not as huge a "plus", as since the age of fifteen she's been in Australia for 90% of the year, having completed English school, SC, HSC and Tafe through the Australian system. I've confirmed with Immigration on the phone a while back that you only need Police Checks from countries in which you've stayed for periods longer than 12 months since the age of 16. But you know, we'd probably just get one in Japan anyway to keep things nice and simple.

Quote:
The medical examination from here will be fine as will the AFP report from here.
Good stuff. I have the original copy of the Police Check, but the medical form was sent to Immigration's Sydney office as that's where we were planning to lodge upon arrival in Australia. Will the Embassy in Tokyo and the Sydney office be able to liaise in this regard?

Quote:
You could also still lodge the application here and not bother getting any bridging visa to travel on and just get the WHV to return on
This seemed to be the biggest issue which Mrs. Immigration Telephone Answerer had an issue with. She went on and on about misusing visas and how Working Holiday applications are analyzed for intent of travelling purpose.. and there was an expectation that the applicant was not simply entering Australia in order to receive a visa. I'm guessing we'd be pretty unlucky if an officer read that much into our situation but I guess it *could* happen, no?

Quote:
One way or another it'll be to your advantage to apply either here before leaving or on first arrival in Japan and the latter ought to be the quickest and cheapest way and either way put the bridging concern out of your mind.
Yep, sounds like doing so in Japan will be the easiest option as we won't be as time restricted, will be easily contactable should the need arise, and could even come in for an interview if need be.

Thanks for your help Feeling much better!


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Old 02-28-2011, 10:36 PM
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You could attempt to contact the Sydney office re the medical to seek their advice on best way to handle the Japanese people accessing it or the result.

As for Mrs Immi, she may be getting a bit confused with their looking at tourist visas re intent and WHVs being an online application are often decided so quick it might even be a scanning process but if she applies over there, that should not be an issue.

The only other thing that could crop up wherever you do the application is to have an Assurance of Support with you being a student, so you ought to get the folks or whomever sorted on that one before you go.





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