De-facto visa offshore lots of questions....!!!

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De-facto visa offshore lots of questions....!!!

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Old 03-20-2011, 02:14 PM
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De-facto visa offshore lots of questions....!!!

Hi everyone,

I am glad I have come across this wonderful website! I have a few questions regarding the de-facto visa. I am Australian and my partner is French, our daughter is an Australian citizen by decent. Sorry for my long question!

I have read that the 2 year waiting period for decision of permanent residency can be waived if the relationship has been on-going for 3+ years or 2 years and having a dependent child formed from this relationship. This scenario applies to both of us. How much time is waived if this is true?

I have been living in France with my partner and daughter for nearly 2 years now. We have rental payments and contract in our names but no joint bank accounts. I have also been a stay-at-home mum since April 2009. I would really love to move back to Australia to have a better life for ourselves.

I am aware I will need an AOS and that is OK, I have many people willing to offer but what can I do in regards to other evidence? If I can show that there will be a job offer waiting for both of us will that be sufficient? Of if my family put money in my French account? Does it sound likely that my partner will be successful in getting a partner visa?

We have been together officially since January 2008 and I had been travelling to France every 3 months until he finally came to Australia on a WHV for 7 months. When I became pregnant I moved to France so we could get the 12 months living together proof sorted and thats evident since 2009.

France is pretty slow so hope that getting police checks wont take long. Does the bills for the rent need to be translated and would it be advisable to apply on-shore or off-shore? and seeing that my daughter is also Australia, would she need to be included on the application or no? I really don't want to separate my child from it's father so I want to make sure I do everything right and he can stay!

Thanks for any advice...

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Old 03-20-2011, 04:00 PM
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There are a few comments on that are applicable to your situation re perhaps being able to get a PR rather than TR and then PR for your husband.

Re doing it offshore or onshore, some people may be able to get away with using an ETA to come into Australia to do an onshore application but it can get a bit messy and will actually involve stretching the truth re intent.
Have a read of the sticky thread on Offshore/OnShore Visas and Visiting Visas, second last of Stickies at the moment at the top of the page for my thoughts.
The offshore is about $800 cheaper btw and could be granted quicker and will not mean waiting to get employment or seeking permission if your husband is already working in France.

For evidence of a residing together relationship, there are probably quite a few things you may find you have to use if you have some old receipts and bank statements etc., even correspondence to either of you at your address.
Check the sticky thread by elkitten and Booklet #1 for ideas too.

Your daughter as an Aussie already will not need a visa but if you have not got her a citizenship certificate, you'll need to get one, perhaps a trip to AHC in London being necessary or the French Embassy may do it.
And then of course you'll need to get her a passport if you have not already got one for her and you'll need the Cit Cert. for that.
If you have to make a bit of a trip, you may be able to initiate both at the same time but it'll just depend on how co-operative the people at AHC or in Paris are.

An AoS may not be sought for they will look at your overall fincancial situation, what your husband's occupation and employability will be.
I haven't checked the listings you'll find in the applying section via Family - Visas & Immigration but it could be that your husband may have to send his application to Berlin but some from there have been processed in about 4-5 months of late though current applications are slowing.

No reason why he should not be granted a visa unless he has a bad criminal record or something against him.

Last edited by Wanderer; 03-20-2011 at 04:02 PM.

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