Help with Defacto Visa

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Help with Defacto Visa


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Old 05-09-2011, 08:08 AM
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Help with Defacto Visa

Guys,

Great forum and very helpful. Keep up the good work. Wondering if you can help me out with a few questions I have. I am currently on a 457 visa but I have been notified I am being made redundant in 4 weeks. I qualify for the de facto visa with my Australian partner. I have read all of your threads about what I need by my problem is should where I should lodge my application? I have the majority of information ready to lodge (just waiting on my AFP police check). I obv dont want to be apart from my partner but I also dont want to be doing nothing for months waiting for the application to be processed? I understand I can transfer the 457 sponsorship to a new employer but alot of employers not willing to do this in current environment.

Q1. Should I lodge in Australia and wait? Or go home to Ireland and lodge in Ireland? Will this be quicker? Will it matter I may need to leave my partner here?

Q2. If I lodge in Oz can I go home to Ireland and work in Ireland while waiting for the application to be processed?

Q3. Should I book in medical before submitting application? One or two threads have said you shouldnt do this anymore?

Thanks in advance guys..


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Old 05-09-2011, 09:46 AM
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Hi there,

If you lodge onshore, you'll be given a bridging visa which kicks in when your current visa expires. The bridging visa gives you the same conditions as the one you're on at the time of application.

If you lodge onshore, you have to be onshore when it's granted.

For temporary Partner visa grants, if you lodge your Partner visa application while
you are outside Australia, you must be outside Australia when the temporary Partner
visa (subclasses 300 or 309) is granted. If you lodge your application while you are in
Australia, you must be in Australia when the temporary Partner visa (subclass 820) is
granted.

So, going to work back home would be logistically difficult and costly.

As for medicals, if you lodge onshore you can do them before you apply, but you have to make sure you do it with a DIAC approved doctor. Check on the DIAC site about approved doctors that do Medibank assessments.

Medibank Health Solutions, Workplace Health, Injury Treatment, Injury Prevention, Flu Shots, Pre employment medicals, Health Assessment


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Old 05-25-2011, 05:49 AM
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Thanks Aussiegirl.. Very helpful.. One other quick question.. I am having difficulty locating sufficient evidence that we have been in a defacto relationship for 12 months (rental agreement, joint bank accounts etc) and I have viewed a number of posts which state that if you get your relationship registered it will waive the 12 month requirement?? One final question is should you wait to get the registration certificate before submitting your visa app (as I believe it takes the best part of a month for the certificate to come through) or can you mention in your cover letter that you have applied for it (I am now not working and I need to submit this ASAP).. Many thanks again.. Great forum!!


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Old 05-25-2011, 07:10 AM
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Hi again,

Yes, there is a cooling off period after applying for the relationship registration, as it is a serious legal matter. It's about a month as you've said. If you get some kind of acknowledgement letter after registering, maybe you can use this in your visa application to show that you have registered and are just waiting for confirmation.

You don't have to have joint bank accounts. As long as you can show you both contribute to the finaces you should be fine. Use bank statements to highlight whatever payments you made to each other, or for household expenses, trips together, gifts to each other etc. I don't know any couple that has joint everything, so there are other way to show this requirement.

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Old 05-25-2011, 07:23 AM
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Thanks again Aussiegirl.. prompt and helpful as always :-)


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Old 05-25-2011, 10:51 PM
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Posts: 440
Users Flag! From southafrica

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Quote:
Originally Posted by munster08 View Post
Guys,

Great forum and very helpful. Keep up the good work. Wondering if you can help me out with a few questions I have. I am currently on a 457 visa but I have been notified I am being made redundant in 4 weeks. I qualify for the de facto visa with my Australian partner. I have read all of your threads about what I need by my problem is should where I should lodge my application? I have the majority of information ready to lodge (just waiting on my AFP police check). I obv dont want to be apart from my partner but I also dont want to be doing nothing for months waiting for the application to be processed? I understand I can transfer the 457 sponsorship to a new employer but alot of employers not willing to do this in current environment.

Q1. Should I lodge in Australia and wait? Or go home to Ireland and lodge in Ireland? Will this be quicker? Will it matter I may need to leave my partner here?

Q2. If I lodge in Oz can I go home to Ireland and work in Ireland while waiting for the application to be processed?

Q3. Should I book in medical before submitting application? One or two threads have said you shouldnt do this anymore?

Thanks in advance guys..
Hi There,

my suggestion is lodge in AU and lodge with all your documents, medicals and police clearances.. add in extra proof and more declarations than you need. check out my time line.. you may get lucky and also get your visa within weeks.. you can also apply for work rights to be added to your bridging visa A so that you can work...

Here are the answers to your questions:

Q1. Should I lodge in Australia and wait? Or go home to Ireland and lodge in Ireland? Will this be quicker? Will it matter I may need to leave my partner here?

Lodge here.. its quicker and better... however if you lodge onshore then the visa cannot be issued when you are offshore.

Q2. If I lodge in Oz can I go home to Ireland and work in Ireland while waiting for the application to be processed?

As above, nope.

Q3. Should I book in medical before submitting application? One or two threads have said you shouldnt do this anymore?

for 820/801 visa I highly recommend you do everything before lodging.. if immigrations doesn't need to request additional information from you then it can only speed up the process...


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