Onshore 820 de facto Visa Questions... Moments before handing in!!

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Onshore 820 de facto Visa Questions... Moments before handing in!!


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Old 05-05-2011, 04:30 AM
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Question Onshore 820 de facto Visa Questions... Moments before handing in!!

Hey everyone!

I'm new to this forum, it's been really super useful, though now I've become a little obsessed and probably focusing too much reading every thread and post I can on the 820 de facto visa instead of actually preparing the application.

Anyway the application is so close to be done, just have a few questions and advice from anyone who'se done it or really knows immigration stuff. I followed plenty of threads and posts from wanderer and elkitten but i welcome any help at this point!

basically, I want to ask if once I apply for the de facto visa.. will I be allowed to travel in and out of australia during the 2 year waiting period for the 801 PR visa to be approved? My parents live overseas and I usually go visit them every now and then. I know I have to be in Australia though for when the visa is approved right?

More importantly.. I am currently on a tourist 676 visa, have been on it for a few years and it won't expire for another few years.. complicated and i dunno.. lucky? but long story short, I have been with my partner in a defacto relationship for 3 years, living together in Australia for 2 years. I had no choice to return to Australia in the first place, from overseas, on a tourist visa - another complicated story. Will being on a tourist visa asking for a defacto visa hinder my chances of it being approved? My thinking is that if I explain my situation well enough, with plenty of evidence, there shouldn't be a problem..?

And lastly, in some of the forms it asks purpose of visit in Australia. I read somewhere that you shouldn't write permanent residency because it invalidates what the tourist visa is for. So should I write instead tourism? OR is writting being with partner valid enough?

Next steps for me are writting the stat decs and putting it all together. I so can't wait to be done with it!!!

Is it necessary to include in my own stat dec what I intend to do in the future here in Australia..? Like I'm determined to do such and such for my career, looking into this.. or is it none of their business? Basically, do i need to show them that I have a plan to stay here?

Regarding putting the application together I know that they DO NOT like staples, binder with sheets,etc. just simple stack of papers. anything else? i will add cover sheet for each section with a summary of the pages included, then further explain what each document of evidence is in my stat dec. sound good? what do you think should be on the very front page? my name? or just the checklist from the immigration site?

Sorry for the rambling, but I'm sure as most of you feel, it's probably one of the most important projects in your life. Really appreciate any help or advice anyone can give me on any of the questions I wrote or any topic I touched on my partner and I are going to be sooo over the moon happy if this ever gets approved

Thx guys!!


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Old 05-06-2011, 05:49 AM
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Hello,

Welcome to the forum. I know it's a confusing process, but if you take things step by step and look at it like a small project, it will help you manage the tasks and deadlines you have to go through.

First, look at the threads we have related to partner visas if you haven't done so yet:

http://www.australiaforum.com/visas-...visa-tips.html

http://www.australiaforum.com/visas-...plication.html

http://www.australiaforum.com/visas-...migration.html

These will contain tips that will answer some of the questions you have asked in your post.

Being on a 676 and applying for an onshore spouse visa is fine if it doesn't have a no further stay condition on it. If it does, you have to go somewhere out of Australia to apply. As you realise, your visa is just for tourism, so you need to be careful about what you say regarding your reason for travel. You could say visiting friends and travel?

In your statement you should write mainly about the history of your relationship, and other aspects regarding how housework is divided, how finances are taken care off, how you support eachother etc. You also need to talk a little about your plans while in Australia and for the future, so writing down what you intend to do for work and to support yourself financially is also improtant.


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Old 05-07-2011, 01:48 PM
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Thanks for your reply aussie! really appreciate it you taking the time to read my stuff =)

i have read those links you posted - super useful!

now i have new questions lol...

- once and if my visa is approved, am i actually allowed to work in australia for the two years before my 801 visa??

- i checked my tourist visa and i don't see 'no further stay' on it anywhere. i guess that's good news for me. and it doesn't expire for another 2 years, thought i still have to leave every 6 months. does that mean there will be no problem to apply for defacto visa?
also since i know i have to be in australia for the onshore visa approval, does that mean i cannot leave australia until then at all? if i do (because my partner and i were thinking of going to nz for holiday soon), will i get in trouble if it is approved and i'm not in the country? what happens then?

- will i be given a bridging visa if its approved? or will i just keep my current tourist visa for the whole process?

- another thing i'm still a bit confused about is whether it is best to make one big stat dec with all the information, like with every category and all the evidenciary documents, or is it better to make separate stat decs explaining every category?

sorry for the pile of questions... hope it's not too overwhelming, and thanks again aussiegirl, and to anyone else who can help out! CHEERS!


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Old 05-08-2011, 04:09 AM
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Hi again,

To answer your questions:

Yes, you can work once you have been granted the onshore spouse visa. If you study you will have to pay international student fees, however.

Since you don't have a no further stay, it should be fine to apply onshore. If you intend to travel after application, you should mention it in your cover letter when you apply.

If your current visa runs out before the spouse application has been granted, you will automatically go onto a bridging visa. This will give you the same conditions as the visa you're on.

If you're in Australian, getting stat. decs witnessed is free, so you can inlcude as many as you see fit. In other countries, though, it costs money to have things witnessed and certififed, so applicants may include only the relationship statements. If the documents you include need to be explained, then you could do one big stat.dec explaining each category seperately e.g.

Nature of the household:

Bank statement showing payments of bills - I pay the bills using my savings account.

Nature of comittment:

E-mails - We sent these e-mails to each other while were dating and after we decided to start a serious relationship

See what I'm getting at? Other posters have also numbered each piece of evidence and put those numbers on the stat. dec when needed for reference. You could also do a table of contents, though this doesn't need to be in the form of a stat. dec.

I hope this answers your questions, but of course, let us know if you still need more help.


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Old 05-08-2011, 04:30 AM
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Thanks so much!

What you wrote has definitely cleared up heaps the path to finishing up this application. I'm on to it =) Feeling more confident every time. Fingers crossed! Feels awesome to know I can always find help here, yay!


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Old 05-09-2011, 03:37 AM
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hey aussiegirl (and whomever else is reading) =)

you mentioned that it would be a good idea to include in my stat dec. a sort of plan for what i will do for work if my visa is approved...

in my case, i fortunately am supported by my parents, in case i'm not lucky in finding a job straight away, which i have documents to prove that. having said that, and although i do have a plan for job searching, my bf works for his brother's company and they have both said that worse case scenario, they would be happy to train me and hire me for a position in their company once i am allowed to work.

should i include that in the stat dec? or would that seem a bit dodgy? or would it be better for my partner to write it himself in his stat dec? not sure if it makes my case for the visa look good or bad ;(

let me know what you think =) been struggling with this

questions, questions, questions....


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Old 05-09-2011, 09:52 AM
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I think you can definitley mention the job offer in your statment. It shows that you will at least have a fall back plan other than unemployment benefits


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Old 05-12-2011, 06:21 AM
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document checklist

for the de facto visa application, i know it says to place the document checklist at the front of the application. is this the checklist provided in the 47sp form? or is it the one provided on the immi site on this link http://www.immi.gov.au/migrants/_pdf...-checklist.pdf ?

if anyone knows please msg back cheers!


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Old 05-13-2011, 02:33 AM
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The checklist is the one supplied via the DIAC website. And yes, there is actually one in the 47 SP as well.

It seems a bit of overkill to me, and some embassies require other documents on top of the ones stated on the checklists. If you're in Austraila, then it's safe to put the one from the website as your kind of contents page, and also be sure to fill out the one in the application as well.


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Old 05-16-2011, 02:22 AM
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Quote:
Originally Posted by aussiegirl View Post

Being on a 676 and applying for an onshore spouse visa is fine if it doesn't have a no further stay condition on it. If it does, you have to go somewhere out of Australia to apply. As you realise, your visa is just for tourism, so you need to be careful about what you say regarding your reason for travel. You could say visiting friends and travel?
Is it really a bad idea to write "Temporary Resident" anytime it asks "Purpose of Visit" on a form? I'm looking at form 47SP and form 80. It just doesn't seem to make sense to write "Tourism / Travel" when my case clearly indicates that I am in Australia just to be with my partner....

Any other ideas anyone? Sorry, this has just been buggin me since the beginning.


Last edited by aussiegirl; 05-16-2011 at 07:19 AM.

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