De facto Visa advice. Best plan of attack?

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

De facto Visa advice. Best plan of attack?


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 03-26-2011, 02:27 AM
Active Member
 
Join Date: Mar 2011
Posts: 8
Please update your flag here .

3 likes received
1 likes given
De facto Visa advice. Best plan of attack?

Hi.

We are just after some advice as to the best plan of attack.

My partner is South African and I am Australian. We met while living in the UK. We lived together for 6 months (March 2010- August 2010) of our relationship. I then had to return home to Australia (end August 2010) as my working holiday visa had expired and there was no way to extend my stay. My partner had to stay in the UK as he was studying hadn't finished his course.

I have records to show we have been in constant contact since as well as cards and receipts from gifts. We have registered our relationship with the NSW birth deaths and marriages and already have the certificate. We have also registered him to be an additional card holder for my credit card, so we can compile expenses.

My partner has also visited me in Australia in March this year for 3 weeks and met my family. He currently holds a tourist sub class visa 676 and it is valid for 12 months. While he was here we put together our application and he took it back to London with him.

Our original plan for for him to submit the application once he got back to London. We are worried that the time we have been apart might go against us. We also have been apart for 6 months already and don't like the idea of being apart for another 6 months while the visa is approved.

I want to know if it would be better for our application to apply in the UK even though it is more time apart? OR we were thinking that he could come back here on his tourist visa and we could submit the application in Australia. I didn't know if they would frown upon this though. I also want to know if we do apply in Australia should we get his medical done here or can it be done in the UK?

Any advice or thoughts would be very much appreciated.

Cheers!


  #2 (permalink)  
Old 03-26-2011, 01:50 PM
Wanderer's Avatar
Senior Member
 
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
You have kind of got a mixed bag of tricks there and it is really only something that an application assessment by a CO will determine how they look at it all and amongst what they consider for a partner visa will likely be your time together.
Whilst a relationship registration is one way of having the at least 12 months together, there are other conditions:
. you still need to demonstrate a relationship meaning having some together and that can nominally be six months and that then not over six months ago.
There is provision illustrated under the 12 months relationship requirement CAQ for people to be temporarily apart and I'd expect a similar standard would apply even when there is a waiver.
. It is also expected that people are together when they apply.
You can read all that under the visa sections via. Family - Visas & Immigration
I'd reckon for best chance of success you would certainly want to get some recent time together, like numbers of months and build up the supportive evidence.

As for him returning on his tourist visa, that could be possible even if he is questioned on why such a short visit initially and then a short absence - they might even think drug courier! and it may not go down to well if he blabs he is intending to apply for a partner visa as there is a policy of visas being used for what they are intended but nothing wrong with returning if he just wants to spend more time seeing the country and had some matters to attend to back in the UK.
The other thing he needs to look at is whether his tourist visa has a No Further Stay condition on it for if it has that will rule out him applying for any visa while here on the 676.
If he has a NFS on the 676, what you could look at is after you have some time together he takes a trip over to NZ or somewhere to return on an ETA [ again wanting to see more of Australia but it has potential to get messy - see sticky thread on Offshore or Onshore partner and tourist visas ] and then apply for a partner visa.

The most straightforward approach is probably considering if marriage is something for the future and he applying for a PMV and then he could still return on the tourist visa whilst that is being processed and still take a trip abroad when it is ready to be granted for he needs to be abroad.
There'll also be the validity period of the tourist visa to be considered.





  #3 (permalink)  
Old 03-27-2011, 10:15 AM
Active Member
 
Join Date: Mar 2011
Posts: 8
Please update your flag here .

3 likes received
1 likes given
Thank you for the reply.

How do we find out if there is a NFS on his 676? Being South African, this is the only tourist visa he can get. It lasts for 12 months but you are only allowed to stay in the country for 3 months at a time. If he was to apply for the visa here do you still think he would have to leave for a while every 3 months?

We are really not looking at marriage but I guess if it is the only way we will be able to be together, then we will look into it further. You said on a PMV he could return on a tourist visa while it is being processed. Can you do this the de facto visa? So could we apply in London then he can come here to wait while it is being processed then go to New Zealand to get it granted?

Thank you for your help. Like you said it is such a mixed bag of tricks and it is so hard to figure out our best option. It is frustrating because we have already spent so long apart because of not being able to live in the same country. We could handle waiting for the outcome, if we were waiting together. I do appreciate your input, it helps a lot!


Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 03-27-2011, 02:07 PM
Wanderer's Avatar
Senior Member
 
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
If he is on a visa that has a validity of 12 months for stays of three months at a time, there is a possibility it will not have a NFS and if it did, it would be stated as a condition 8503 in the confirmation advice of the visa being granted and probably on a sticker if he had one put in his passport.

Without a NFS, you could look at the possibility of him returning to Australia and then if he wants more time to have a look at Australia, he could look at taking a trip over to NZ and back, so with more than just a few months together and the relationship registration he could stand a chance with relevant supportive evidence of getting a partner visa and without the NFS, no NZ trip would be necessary other than if you wanted the extra surety of a visa grant.

He could apply for an offshore visa and the same would apply re a trip to NZ to have the visa granted but it is just the lack of recent time together that could put the offshore partner visa in doubt.

There is always the possibility of complications re finessing the system to have a particular visa work and I've summarised that @ http://www.australiaforum.com/visas-...ing-visas.html





  #5 (permalink)  
Old 03-28-2011, 12:25 AM
Active Member
 
Join Date: Mar 2011
Posts: 8
Please update your flag here .

3 likes received
1 likes given
Am I right in thinking that if he applies in London, it can be granted in South Africa? Or does he have to be in London?

We think that he might come back here for 3 months, then head back to London to finish his training which take him till his visa expires there. Then rather then get a new visa (he has an ancestry visa for the UK) he could go home to South Africa to wait it out. How does that sound for a plan of attack.


  #6 (permalink)  
Old 03-28-2011, 02:45 AM
Wanderer's Avatar
Senior Member
 
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
If he applies for an offshore visa in the UK, he can have that granted whilst in SA and in fact the UK people may send his application to there for processing.
With a partner visa, it will still be the recency of time together even with that RR and for any time apart you will want to have very solid evidence for what would be claimed as a temporary separation and the time apart from August to March is still another issue.

If he can fit in with finishing his studies three months out here, I would think his best chance is to look at doing that and apply onshore, the return to finish studies substantial reason I would expect for that to be deemed a temporary separation.
You ought to look at all the things you can do in that three months to show that you have a relationship for even with the RR, if I was an alert CO I would be wondering what is going on with NSW granting RRs when one of the couple has hardly been in the country.
If you submit the partner visa near the end of his three months allowed, you can ask whether a bridging visa will apply and if so it'll be a BVA.
He can get a BVB granted for travel abroad, usually for three months though if he needs longer to finish his training he could ask for a longer time and see what happens.

If one cannot be granted for the required time or he is not to be issued with a BVA/BVB, that should in effect mean his tourist visa will still be current and if he is still within the 12 months validity when he is ready to return, he could do so on that or alternately seek another tourist visa to return on.
btw, forget my reference to the ETA for SAs are ineligible.

You should document very well the reason for the travelling and separation when submitting the application and do bear in mind that there is no certainty with any application.





  #7 (permalink)  
Old 03-30-2011, 04:19 AM
Active Member
 
Join Date: Mar 2011
Posts: 8
Please update your flag here .

3 likes received
1 likes given
Thanks for all your help Wanderer.

We have been talking a lot about our options and I think we are going to take your advice and apply onshore, just before his 3 months are up. How long before the 3 months is up do you think we should submit the application. Like days before of a couple of weeks before?

While he is here we will look into ways of proving our relationship, although with only me working and he only on a tourist visa I'm not sure how much we can do. We are going to try to get a joint bank account and a lease and bills in our name (if they will let us). In your experience though is there anything else we can look at doing.

It is all good, I already knew he wasn't eligible for the ETA. There isn't many things SA's are eligible for. His 676 is valid until next February, with multiple entries and as far as we can tell it doesn't have a NFS. The only conditions are that he can't work and can only stay in the country for 3 months at a time.

Now to get him over here so we can get the ball rolling and start crossing fingers.


  #8 (permalink)  
Old 03-31-2011, 04:49 AM
Wanderer's Avatar
Senior Member
 
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
Short of doing the PMV, I'd reckon his best chance is to be here and get the application in at least a week before he leaves though that is probably not so critical seeing as he is planning on going anyway but I'd still check with Immi re how they will look at when his other visa ceases for in his case he'll not want it to be like how some others would hope and see it ceased at the end of a three months stay to get a BVA but he may want it at when the end of three months is due if that is to be before next February if he is back by then.
Showing support for the relationship is not just solely a financial issue and he ought to look at as many things as he can to show he and you have the same address.
See if he can get a bank account open with your common address and he may even be able to wangle one if already back in the UK - ANZ - Travel and foreign exchange - Foreign Currency Rates & Currency Converter being one, joining a library and any other clubs, some sporting clubs having cheap enough membership and any type of correspondence to the common address.





Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Advice and info for offshore de facto partner visa applications jenifermarie Visas and immigration 2 03-28-2012 03:46 PM
ready to lodge de-facto visa but need to double check..please advice perthian Visas and immigration 3 10-15-2011 10:15 AM
De-facto visa app: advice on structure/presentation Alex2110 Visas and immigration 6 01-13-2011 03:22 PM
Need an advice regarding de facto visa... Sapucaia Visas and immigration 1 11-08-2010 11:35 AM
De-facto Visa - Advice Please sazzlewilson Visas and immigration 19 11-24-2009 04:37 PM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 07:37 AM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com