De Facto Visa or Skilled Visa?

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De Facto Visa or Skilled Visa?


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Old 05-11-2011, 07:59 AM
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De Facto Visa or Skilled Visa?

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Last edited by lemon; 02-21-2013 at 01:07 PM.

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Old 05-11-2011, 08:26 AM
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Hi lemon,

If the main issue is just getting PR, then neither option is going to be quick. Getting PR through his degree or some other work visa can take a year or more from what I've read and heard from people who go through the process.

As for getting a de facto visa, the processing for that in Australia can take up to 6 months or more. This is a two- stage visa, with temporary residence being granted and PR 2 years from the date of first applying for the spouse visa. He can work on the temporary spouse visa, but will be limited to the type of jobs he applies for e.g. he can't apply for most government jobs.

The evidence you have talked about it fine. You could get your parents to write statements about the living arrangements, what you two contributed to the household and that you were a couple. And yes, if you are in a state that allows it, you can legally register the relationship, which can waive the 12 months. DIAC only goes on the evidence you give them, so they if you don't tell them you partner is not a beneficiary to your inheritance, they won't know. You could put him as a beneficiary if you like, and also do it with your Super.

Only the applicant does health checks. If you had kids, you would also have to do a police check, but if not, only he needs police checks.

Hope this helps


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Old 05-11-2011, 08:56 AM
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Old 05-12-2011, 06:56 AM
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Hi again,

You should take a look at the sticky we have at the top of this forum about registering relationships.

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

A lot of it has been removed, but there is still some info. left to help you research how to do it. It's only available in NSW, ACT and VIC. It seems that you have to provide some proof of the relationship, and maybe some statements from each person, as well as ID. One poster talked of a 28-day cooling off period before the registration is made official, just in case the couple changes their mind. Once registered, the 12 months can be waived if you have not been living together that long, but, I have read from various sources that DIAC still looks for at least 6 months living together when looking at de facto visas to consider the relationship genuine.

Your skype history will be useful. Keep any receipts if you send him something by post, and tell him to do the same. Also, bills don't have to be in both names, but you have to show that you have both contributed to paying them by using bank statements. Whatever account you want to open together is fine, whether it be savings or something else, but you should actually try to use it together.

The 2 year period before PR grant starts from the date he applies for the temporary de facto visa, since you pay one fee for the 2 processes. So, if he applies in June 2011, he will be up for PR in May 2013. Even if it takes 9 months for the temporary visa to be granted, he will be assessed for PR from the application date, not after it's granted.


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Old 05-12-2011, 08:37 AM
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Last edited by lemon; 02-21-2013 at 01:07 PM.

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Old 05-12-2011, 11:29 AM
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Hello,

If your Korean family writes a statement, try to get it typed or written in Korean since they will be able to express themselves easier that way. However, anything important must translated into English. If you know Korean, you could translate what they want to say and ask them to write it out in English, if they know English. This then has to be signed in front of an official witness, or "gongjeung" in Korean.

If you live together in Korea, you need proof of it, like your name on the housing contract, evidence of joint bills while in Korea, mail sent to the same addess etc.

The information I read about 6 months was from some people who were immigration agents or had access to agent information. It's not written anywhere for the general public, but it seemed to be used by DIAC as a judgement of a genuine relationship. And if you think about it, in Australian culture it's rare for de facto couples not to have lived together for less than 6 months.


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Old 05-12-2011, 11:51 AM
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Last edited by lemon; 02-21-2013 at 01:08 PM.

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Old 05-13-2011, 03:39 AM
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OK, sorry for my mistake. I guess I shouldn't have assumed you are Korean, my bad. Well, what I said still applies in terms of getting things translated. Just make sure you get the statements witnessed by Australian standards if possible, or if done in Vietnam make sure it follows the laws there to have them notorised.

If you get the relationship registered, the 12 months doesn't apply anyway, so concentrate on getting that done first. As for the property you are subletting, just try to get some proof from the landlord that you lived there together, like a statement.


Last edited by aussiegirl; 05-13-2011 at 03:46 AM.

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