De Facto: HELP!!!

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De Facto: HELP!!!

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Old 03-09-2011, 09:37 AM
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De Facto: HELP!!!

Hi Guys,
My Boyfriend is from New York and we are about to start the De facto visa process. He is currently on a work holiday visa so will be transfering over to the de facto visa. Im a little confused on the police check. Does he need an Australian police check as well as one from America. And if so how do we go about getting the American police check.

Also while we are waiting for the visa to be accepted are we allowed to leave Australia or does he have to stay here during it all.

Hope this makes sence?

thanks in advance !

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Old 03-09-2011, 10:34 AM
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Your boyfriend will require a police check for anny country that he has lived in for longer than 12 months over the past 10 years. I'm not sure how he goes about getting his US police check, however I am sure someone else will be able to help.

If you lodge an onshore visa you have to be onshore when it is approved (or so I think). It works the same when applying offshore.

Hope this helps

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Old 03-09-2011, 01:28 PM
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First of all, if it is just the WHV time that you're relying on for the residing together relationship time, you will be up against it for it is at least 12 months required.
If that is the case, some people attempt to get around that by leaving near the end of their WHV and returning on an ETA to visit and the fact that it may allow the extra time together is just co-incidental.

You need to have a good read of all the eligibility and applying for the visa sections detail, use the Checklist in the latter section and also read the Booklet#1 and the sticky thread by el kitten may help too.

You will find the Character link in the Eligility section and details there re US FBI and other police checks and the FBI check in particular can take a while, plus allow time for him getting fingerprints here in Oz.
Thre's a thread on the FBI check and if you do a search using " FBI Check " , you should be able to find it.

He'll be granted a Bridging Visa A if he applies onshore and to travel while the visa is being processed, if there are special circumstances, he may be able to get a Bridging Visa B for three months or alternately if he just left or stayed away for longer, he'd need to apply for another ETA to return to allow the visa to be granted.

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Old 03-09-2011, 09:20 PM
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My partner is from the need both the FBI check and a check from the state you reside in (in your bfs case, NY). One thing I'm not sure about is if you need state checks from other states he's lived in over the past 10 years (if that is relevant to your situation). That wasn't an issue with my partner so you may want to get in contact with DIAC. To get the checks done, go to the FBI website. From memory all the forms you need are there. And you can just do a google search on how to get background checks done in NY, because it'll differ from state to state. There is also another forum called "Yanks Down Under" which obviously has a lot of info that is US specific.

Also, depending where you are living in Aus, you may want to start looking into registering your relationship which will help get you over the 12 month issue. (My parter and I were in the same boat as you...WHV).

Good Luck!

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Old 03-12-2011, 11:48 AM
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Hey guys, thats so much for your help. What do you mean about registering our relationship??? We have evidence that we have been living together for 12months (a letter from our old landlord) and now we are currently on a lease together. Plus ALOT of photos letters etc.

Does anyone know what the cost of processing this visa is? Because he is on the WHV does that mean it is $2000?

Thanks so much again for the help

Katie x

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Old 03-12-2011, 12:20 PM
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one more question

This may sound stupid, but I am pretty clueless on the whole situation... should I be applying for the Partner temporary visa (subclass 309) as well as Partner permanent visa (subclass 100) if so, is it different forms or the same for both. So sorry to waste your time with the silly questions. Im totally new to all of this.

Thankyou again in advance
katie x

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Old 03-12-2011, 02:09 PM
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You are starting to make the mistake a lot of people do and one that can get you into trouble.
Read the Immi visa info including all the links and you may want to read some sections as well as the Booklet #1 numerous times as well as making use of the Checklist in the applying section.
Information re the 309/100 being the one application and a follow up two years after initial application for PR to be considered and other details are all there to be read and understood and if you do not do that you can easily have an application fall into the reject basket along with the loss of the $2575 fee.

Relationship registration is something you can apply for in the states of NSW, Tasmania and Victoria as well as the ACT for now and something you do via the Births Deaths and Marriages register, Victoria seeming to be more difficult than NSW for now.
Getting a relationship registered means your visa application can then be considered akin to as if married and no full 12 months necessary though you still need evidence and a nominal six months together.

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