Help partner visa..

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Help partner visa..


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  #1 (permalink)  
Old 04-12-2011, 01:25 PM
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Post Help partner visa..

Hi,
Me and partner started our relationship few days after we met. We met on the 9th may 2010 and started relationship on 11th may 2010. And few months later i told him about my condition that im only student and i couldnt stay in australia permanently and he agreed to be my sponsor when my visa run out on July 2011 (which i will be more than 12 months relationship). From the first we began we never been separate from each other. I always stayed over at his house and half of my clothes were at his house (pretty much lived together but not written because i still have lease). We travel together to my mums house overseas and i have met all his family as well and i can provide all evidences. During our relationship I couldnt move together because i still have lease with my cousin until November 2010. We made joint account together on September 2010. And move together written on November 2010 when my cousin moved out. And i will apply my visa on July 2011. And we also have our future planned together. My questions are:

1) Im a bit confused about de facto relationship. Do u think i could say 11th may 2010 i started de facto relationship? OR ihave to say the months when my partner said he wants to sponsor me (July 2010)or the date when we have made join account(september 2010) or the date when we moved together (November 2010)?

2) If the answer is when we made joint account together (September 2010) or when we move together, do you think its ok if i lodge it before the 12 months defacto relationship (eventhough the relationship from the start already over 12 months).

3) Can someone tell me what is assurance of support? ps: my partner never sponsored anyone before.

I have read the immi website repeatedly and i still need someone to explain it to me.
Thank you


Last edited by perthian; 04-12-2011 at 02:25 PM.

  #2 (permalink)  
Old 04-13-2011, 08:49 AM
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Hi there,

If I were you, I would not even try to lodge a de facto visa without having 12 months living together OR a registered relationship (which is only available in 3 states).

In the eyes of DIAC, de factos live together, so I'd say they would count your time from when you moved in together, regardless of how you felt emotionally toward eachother. Other couples have tried in vain to lodge with less than 12 months and have seen there 2 000 bucks wasted.

I say you should look at the stickies about relationship registration at the start of this forum, and if you don't live in one of those states, try to rack up the 12 months before lodging. If you are very serious about eachother a prospective marriage visa is also something you should look at, as there is no 12 month requirement on that one.

As for the AoS, this is something that DIAC may request if they think that the applicant may be a drain on social welfare and if the sponsor does not show strong finances or too much reliance on Centrelink. It's nothing to worry about, as up to 3 people can do an AoS together, and the total income needed is around $26 to $29 000 a year. There has been plenty discussed about it on this forum, so a search will reveal all the info. you need.


Last edited by aussiegirl; 04-13-2011 at 08:53 AM.

  #3 (permalink)  
Old 04-13-2011, 09:40 AM
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Hi there thanks for reply,

Let say if im postpone my application form til November 2011, could i keep staying in australia?what visa should i apply to stay in australia during my waiting 12 months period? because i dont want to be away from him.

And if i keep lodge the application form on July 2011which is my defacto relationship will be 7 months, do they definitely will reject me or any chance for them to hold the processing of my application as only 4 months away to be 12 months defacto relationship? (i will provide all evidences such as bills, banks statements, photo, etc).

Thank you so much for you help.


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  #4 (permalink)  
Old 04-13-2011, 11:29 AM
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Hi again,

I suggest you try to stay on a working holiday visa, skilled work visa or student visa. If you got a tourist visa, it might have a "no further stay" requirement on it, meaning you would not be able to apply onshore and would have to go offshore to lodge a spouse visa.

Of course, the visas I mentioned have their own eligibility criteria, so you need to use the visa wizard on the DIAC site to check which ones you can apply for.

Australian Visa Wizard - Visas & Immigration

I don't think 7 months is enough for a de facto visa either and they would not hold an application and wait until you had 12 months. You have to meet the requirements at the time of lodging for them to consider the application.

If you can't be away from him, why don't you spend time in his country to gain the remaining months? I know it might be costly, but it's another option that you should try if you can.


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Old 04-13-2011, 10:36 PM
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Hi there again,
Thanks for answering my question earlier, as u told me above i have been thinking which visa is the best for me and decided to wait till 12 months de facto requirement. Currently i am holding student visa and will finish my degree this july when my visa run out.
I would love to apply one of those visa that u mentioned earlier and i have been read those thru immi website.

And I would love to apply under graduate skill temporary but the problem is i think my major not in SOL as im studying banking at the moment.I have seen financial occupation there but im not sure if i could choose that as my SOL (actually i have studied banking finance last 2.5 years, then on my last semester i find it very hard to do my last unit then i decided to drop my finance major). And the IELTS test is so difficult to get 7 usually people do it few times then they get 7. I already tried to apply job in several companies but they rejected me as i dont have experience.

Do i need to have a job first to apply this visa??
Is it any chance if i lodge the application without the ielts (lets say i will submit it later when i get 7)???
And if i apply for this i still can apply for de facto visa when i meet the 12 months requirement onshore right?? Do i need to wait till the skill visa expired or i could just apply de facto visa during my skilled visa?? (i want to apply this skill visa because i dont want to be apart from my partner when my visa expired, so i still can stay and work in australia).

> If i apply working holiday visa sub 462 (as im indonesian), Could i apply this onshore like a month or 2 weeks before my visa expired? I have read some article says i need to be offshore, i need to go overseas when my visa granted. Iam a bit confused here, Will they tell me when my visa are going to be granted so i can book the overseas flight return before my visa granted? Then can i apply my defacto visa onshore during this WHV (let say i apply less than 6 months because by that time i will have my 12 months defacto)

> Im also considering to do like short course study. But the visa is so expensive and the course as well. and its waste a lot of money as i only do short course 4 months.

Please help me. I have been to immi office and they didnt really helpful. I just want to stay with my partner and not away each other and work in australia while im waiting 12 months defacto relationship which is only 4 months away from july 2011.
THANK YOU SO MUCH.....i really appreciate it. =)
Im sorry if its too much questions..


  #6 (permalink)  
Old 04-13-2011, 11:33 PM
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Better you renew your student visa and follow the rules or else this might get you in trouble.

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Old 05-31-2011, 11:41 AM
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i would really appreciate some advice: i am putting together our information, birth certs, stat decs, photos, evidence of relationship (emails pictures etc) and our forms, this is turning out to be quite large- how did you put it together? did you put into into a folder with a table of contents or something?

is there any advice or additional things i should include in the spplication to make it be more sucxcessful and quicker? thanks

Mark


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Old 06-20-2011, 10:46 PM
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Quote:
Originally Posted by perthian View Post
Hi there again,
Thanks for answering my question earlier, as u told me above i have been thinking which visa is the best for me and decided to wait till 12 months de facto requirement. Currently i am holding student visa and will finish my degree this july when my visa run out.
I would love to apply one of those visa that u mentioned earlier and i have been read those thru immi website.

And I would love to apply under graduate skill temporary but the problem is i think my major not in SOL as im studying banking at the moment.I have seen financial occupation there but im not sure if i could choose that as my SOL (actually i have studied banking finance last 2.5 years, then on my last semester i find it very hard to do my last unit then i decided to drop my finance major). And the IELTS test is so difficult to get 7 usually people do it few times then they get 7. I already tried to apply job in several companies but they rejected me as i dont have experience.

Do i need to have a job first to apply this visa??
Is it any chance if i lodge the application without the ielts (lets say i will submit it later when i get 7)???
And if i apply for this i still can apply for de facto visa when i meet the 12 months requirement onshore right?? Do i need to wait till the skill visa expired or i could just apply de facto visa during my skilled visa?? (i want to apply this skill visa because i dont want to be apart from my partner when my visa expired, so i still can stay and work in australia).

> If i apply working holiday visa sub 462 (as im indonesian), Could i apply this onshore like a month or 2 weeks before my visa expired? I have read some article says i need to be offshore, i need to go overseas when my visa granted. Iam a bit confused here, Will they tell me when my visa are going to be granted so i can book the overseas flight return before my visa granted? Then can i apply my defacto visa onshore during this WHV (let say i apply less than 6 months because by that time i will have my 12 months defacto)

> Im also considering to do like short course study. But the visa is so expensive and the course as well. and its waste a lot of money as i only do short course 4 months.

Please help me. I have been to immi office and they didnt really helpful. I just want to stay with my partner and not away each other and work in australia while im waiting 12 months defacto relationship which is only 4 months away from july 2011.
THANK YOU SO MUCH.....i really appreciate it. =)
Im sorry if its too much questions..
Hi there,

I am not sure if my advice would be of help at this point but i guess i'll try to help where I can. I am currently in somewhat in the same situation as you. My bf is Aussie and I am Malaysian studying here.

I finished a bachelor of commerce in marketing and now masters of journalism which will be finishing at the end of this month. MY bf and I have been dating for 1.5 years now and been living together officially for 6months now.

I do not qualify for an independent skilled visa as both my courses are not in d SOL. I however held a student visa on 08 Feb 2010 thus I qualify to apply for a 485 under the old list. I believe you qualify for a 485 under the old list. Go check out the old SOL list http://www.immi.gov.au/skilled/_pdf/sol-schedule2.pdf
For 485 you only need 6 for all bands in your IELTS which isn't too hard to achieve.

In regards to your defacto question, I would advice you not to apply for a defacto as you clearly do not have enough evidence to prove the defacto requirement of living together in a shared lease for 12 months with your bf. Having just a joint account and some photos does not mean much in the eyes of the immigration. The immigration requires more than that i.e joint lease, sharing of bills etc. The immigration is very strict about this and it only might be waived if you have registered your relationship or in certain cases couples get married without ever living together before due to religious purposes.

WHV for indonesian has to be done offshore as Indonesia is classified under WHV subclass 462. As you can see on the immv website you must not boo your ticket until your WHV has been granted. They will notify you when it's granted and the 1 year period starts once you enter Australia.
Work and Holiday Visa (Subclass 462)

I hope my answered helped and good luck with your application and relationship


Melissa


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