HELP! Defacto Visa, 2 weeks short of 12 month criteria

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HELP! Defacto Visa, 2 weeks short of 12 month criteria


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Old 05-11-2011, 10:14 AM
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HELP! Defacto Visa, 2 weeks short of 12 month criteria

Hi,

I'm hoping someone can assist because I've received varying opinions from Aust Immigration and Migration Experts.

My partner (Danish) and I (Aust Citizen) have been in a relationship since October 2009, for the first 8 months we maintained a long distance relationship because various commitments meant we couldn't live together right away. In this time we made 3 trips to each other, totalling 8 weeks. He then moved here on the 30 June 2010 and we have been living together in a relationship since then. As he is on a Holiday Work Visa we have been advised to submit the Defacto Visa Application 2 weeks prior to when he should be leaving which of course will then mean that we are 2 weeks short of the "12month criteria".

Does anyone know if this is going to be a huge problem or the chances of them approving or refusing? We have all other evidence, proof of the visits leading up, correspondance in that time via phone, skype etc. Declarations from parents, family friends. I have a solid income and job. Photos, joint financial commitments. Police checks complete. We are just short those 2 weeks.

Any help is appreciated!!!


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Old 05-11-2011, 11:38 PM
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If you want to make sure look into getting your relationship registered...It depends on in which state you live in but it can waive the 12 months living together requirement.


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Old 05-12-2011, 12:06 AM
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Hi, Yes I did look into that but we live in Qld and it's not available here


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Old 05-12-2011, 03:25 AM
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Is there an option for you to maybe lodge the application on the day your partner's visa expires? If you're in Queensland could you get down to Brisbane as I think that is where the processing office is for this visa? Does anyone know if that would be an option for them? You could always call immi and ask if you could do this.

You could also lodge it offshore maybe in NZ and you both live there while the decision is being made?

What I did is apply for a student visa and I'm doing a quick 3 month course (although fees are about $1600). When my course finishes in 4 weeks time I'll have the right to work full time until my visa expires a month after that. In this time I'll submit my de-facto application as this means the bridging visa I'm on will allow me to work full time rather than the 20 hour per week restriction on the student visa. I was advised to do this by a migration agent and I'm happy with how its going so far. Maybe this would be a good option for you to allow yourselves to be well over the 12 month requirement?

I wouldn't risk being 2 weeks shy though, I reckon immi can be very strict and while you have other options I would go with these rather than risk it.

Hope this helps!


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Old 05-12-2011, 09:55 AM
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Hi, thanks for that...

After many phone calls today I finally spoke to a lady at a Law Firm and they deal with Immigration Law. She said the same thing, that we could take it in on the exact day (into Brisbane City) and lodge it then. The reason I didn't think this was an option is because the Dept of Immigration said they would need two weeks notice to allow time to grant the bridging visa. This particular lady said that is only an internal immigration suggestion because they want people to give them plenty of time however, she said that legally we have until midnight on the day he is meant to leave to lodge which I guess will give us exactly 12 months of having lived together. Apparently they will then just forward details of his bridging visa in the mail. It's certainly leaving things until the last minute...

If he arrived on the 30 June 2010, does this mean we lodge on the 30 June 2011? not the 29 June 2011?

I just don't want to make any mistakes...

Thanks again!


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Old 05-16-2011, 08:22 AM
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Based on what immi has told me about my WHV, if his WHV commenced on the June 30th, 2010 then it will expire at 12:00am on June 30th, 2011, meaning he would have to apply on June 29th in order to not overstay his visa at all.

Beyond saying that, I'm afraid that I can't be of any help to you. I am curious about the advice you've been given as it does seem rather risky.... I'm planning to travel abroad and return on an ETA in order to apply for a Defacto Visa, but obviously if the advice you've been given in accurate and I could just apply at the end of my WHV that would be MUCH better.

Cass2210, if you end up finding out anything else/you end up doing this another way etc, could you let us know here on the forum? It'd be much appreciated.


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Old 05-16-2011, 09:53 PM
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Hi,

Well we have found out that his WHV epires at midnight on the same day. So he arrived on the 30th June 2010, his WHV will expire on the 30th June 2011 at midnight. (that is what a guy from Immigration told us just yesterday...) This is also what our Migration Lawyer informed us. So we will be lodging on that day in order to meet our 12 months exactly and hope for the best We are even going as far as not dating our application forms etc until the 30th June, the day we take them in.

Apparently they will receipt the documents and we can pay on the spot etc and as long as we keep a record of our receipt then he is fine to continuing staying here. (the Bridging Visa information will be forwarded to him after that)

I would think about perhaps doing the same as us because from what I've found out, you have to be very careful applying for the second tourist visa because sometimes Immigration will then add a clause of 'no further stay' on the second visa which means that you would not be allowed to lodge for a third visa at all

Our Migration Lawyer also stated that if we meet the 12 months exactly, to the day and we are in a genuine relationship then there's absolutely no legal way of them denying the Defacto Visa...

When is your WHV up? I could let you know how it goes for us next month... we pretty much have everything ready to go though, there's alot of documents to provide so I started early.

Good Luck!


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Old 05-16-2011, 11:27 PM
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Hey guys

This info is really helpfull as I am experiencing a similar problem! However I am looking into the 12 month De Facto Waiver - getting the relationship registered under the state of NSW, as I fall short of the condition by a couple of months! My WHV expires towards the end of Sept 2011 and my partner and I have lived with one another since Dec 2011. It would be interesting to find out if anyone else has a similar issue or has gone down this route?

Thanks!
Li


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Old 05-16-2011, 11:37 PM
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Quote:
Originally Posted by lili2 View Post
Hey guys

This info is really helpfull as I am experiencing a similar problem! However I am looking into the 12 month De Facto Waiver - getting the relationship registered under the state of NSW, as I fall short of the condition by a couple of months! My WHV expires towards the end of Sept 2011 and my partner and I have lived with one another since Dec 2011. It would be interesting to find out if anyone else has a similar issue or has gone down this route?

Thanks!
Li
I had my relationship registered in NSW and I'll be applying in July this year before my visa runs out. I've been living with my boyfriend since Dec 2010 - we've been together since Dec 2009 though and have lots of evidence so fingers crossed!


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Old 05-16-2011, 11:45 PM
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Quote:
Originally Posted by Furryball View Post
I had my relationship registered in NSW and I'll be applying in July this year before my visa runs out. I've been living with my boyfriend since Dec 2010 - we've been together since Dec 2009 though and have lots of evidence so fingers crossed!
Awesome! Good luck hope all goes well, would be great if you could update us on the situation and how it all goes


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