Questions: Currently on eVisitor - Applying for De Facto: possible complications?

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Questions: Currently on eVisitor - Applying for De Facto: possible complications?

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Old 05-02-2011, 12:27 PM
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Questions: Currently on eVisitor - Applying for De Facto: possible complications?

I have a few of questions in regards to applying for a de facto visa with my partner.

I am Scottish and he is Australian.

In 2009 I came to Australia on a WHV and did 3 months work on a fruit farm. In 2010 I went to apply for my 2nd WHV but my visa request was then "processed for refusal" due to some discrepancies (NB it wasn't actually refused as I was allowed to make a "statement" in regards to their "findings").... the majority of which were down to the incompetent farmer I worked for; ie not responding when he was contacted to confirm I actually worked for him, sending in a reference which state I worked on the farm but also did book-keeping (this was probably 2% of the time I was there but they jumped on it as something that doesn't count as regional work). The farm I worked on was only an hour outside of Brisbane too and I used to go to to Brisbane pretty regularly on days off etc which meant I had a few transactions on my bank statement in Brisbane - an area that wasn't regional.

I was advised by an immigration lawyer to withdraw my visa application as I had no evidence on paper that I had actually worked on the farm (although the farmer did eventually contact the department to tell them I had 100% worked for him...this was still not enough and they wanted receipts or some sort of hard evidence to show I had worked there - I had payslips but was paid cash so no deposits into my bank account etc... there was nothing I could show them that could outrightly prove I was telling the truth).

Long story short - I withdrew my application as I didn't want a black mark on my passport/a ban from Australia when I hadn't even done anything wrong! I then went home to Scotland for a few months to earn some money and returned to Australia on an eVistor in 2011. I moved straight in with my boyfriend and he fully supports my living here - we have been living together since January 2011, dating since April 2010 and in an exclusive relationship since September 2010.

My eVisitor expires in January next year. I have left the country once already to abide by the 3 month maximum stay requirement on the eVisitor. When I came back to Australia (with my boyfriend) I was questioned upon arrival as to my intentions etc. but the guy seemed to be pretty happy with the fact that I was with my boyfriend and that's why I had left and come back so soon after.

So.... (finally!) my questions are:

1) Am I on the right visa for now? We want to apply for a de facto but were advised that we shouldn't until we have been living together for 12 months. However I know the eVisitor is not meant to be used for extended stays in Australia... trouble is we really want to be together and due to my boyfriend's job he cannot really travel to the UK with me until the end of the year. Is it ok for me to leave and come back every three months or so (with him) or should I be looking at a different type of visa until we have been living together for a year and are eligible to apply for the de facto?

2) If I apply for the de facto whilst I'm in Australia do I need to be in Australia when it (or a bridging visa) is granted? We want to apply just before we leave to go to the UK for a month but we will obviously need to apply before my eVisitor expires which will be before we have lived together for 12 months (we will have lived together for 11!). Will this be ok? Or are they very strict about it being exactly 12 months? We will be living together in the UK for a month and plan to live together thereafter too.

3) Will the fact I withdrew my application for a 2nd WHV be a problem when I apply for the de facto?

Many thanks in advance for any help,


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defacto, evisitor, problems, whv

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