Working Holiday turned De Facto woes

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Working Holiday turned De Facto woes


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Old 06-12-2011, 11:48 AM
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Working Holiday turned De Facto woes

Okay, really need some help from my lovely Aussies/Canucks on this one so I can stop stressing and get a good night's sleep again!! Sorry for the long post but I need to be as detailed as possible!

I should mention first that I'm a Canadian citizen and my boyfriend is an Australian citizen. My boyfriend and I are wanting to apply for a de facto visa so I can remain in Australia with him and continue working at our job together at a fantastic resort. We have been an exclusive couple for 16 months, however, immigration does not see it that way. While we had been online friends for 3 years prior to our 16 month relationship, he only first came to visit me in February of 2010 and stayed for 6 weeks. From day 2 we knew this was going to be a long term thing and began the relationship. We spent the next 5 months apart as my working holiday visa did not start until September of 2010 but spent every single night in between Skyping, chatting, texting, and never dating or wanting to date anyone else. Immigration does not consider this valid when applying for a de facto visa. They believe we have actually only been together for 10 months, as that's when co-habitation started.

So......

My Australian working holiday visa runs out on September 1st. I could not complete any farm work as due to the cyclones in late 2010, there was no work available for backpackers on holiday visas (at least, none that would fulfil my 3-month requirement for a second holiday visa). Now, I have many friends here at the resort who are on a second holiday visa by unorthodox means. They have either paid a farmer to SAY that they worked 3 months on their farm, or they have used the ABN number of a farm where a friend has previously worked and have actually done no farmwork at all. Since this is all done electronically, none of them were ever asked to produce any evidence of their work, and were all granted second holiday working visas without any problem at all.

I'm willing to risk this by using my friend's ABN number at the farm she worked at if it means that I can get another year here, which means we can then have our full 12 months of co-habitation together before applying for the de facto visa. I hate to lie, but the government won't let us be together truthfully!

THE QUESTION: if I got away with obtaining the second working holiday visa, would immigration want to see record of my "farmwork"? Would they even need that if we can prove that we've lived together for 12 consecutive months? There literally is no other option for us.... We know we want to get married one day but are in no financial state to do so yet. Plus we are not going to get married for the purpose of a visa. We really truly love each other and are productive members of society together, but we are really stuck by these black and white rules. I would forever be grateful for some help Thank you in advance.


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Old 06-13-2011, 05:14 AM
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You may well get away with it, but what if you don't???

Then you'll be deported and not able to enter Australia for at least 3 years. Consider what will have a greater negative impact upon your relationship - having to spend a few months apart whilst negotiating how to be together legitimately, or having to spend a minimum of three years apart because you tried to bluff the system? If you're serious about this relationship lasting and you being able to live in Australia, you should rethink you're plans to lie to the Immigration department...


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Old 06-13-2011, 06:50 AM
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Hi,

I second what missmullen said. If you're Canadian, I'm sure you could a tourist visa without a no further stay condition on it. This would then allow you to stay together and rack up the 12 months before applying onshore.

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Old 06-13-2011, 12:15 PM
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Thanks to the both of you for your advice! Aussiegirl, the only reason I don't want to get a tourist visa is because then I wouldn't be able to work anymore, at least not for several months until the de facto is granted. And the de facto does cost $2600..... However, I have heard that most people are automatically granted a bridging visa as soon as their application is lodged. This would avoid the headache of quitting and moving and then re-applying for my job. Again, thanks for the input!


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Old 06-14-2011, 04:33 AM
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You could always get a student visa for a few months. That way when your WHV runs out you could transfer to a student visa, work 20 hours per week and then when your course finishes you could apply for the de facto. You will be able to work full time if you apply at the right time on your bridging visa and you haven't broken any laws.

I know of people who have done the ABN thing before and one person was asked to provide evidence of their work. They withdrew their application and nothing happened in regards to follow up and fines etc. But still very risky and I wouldn't have the stomach to go through with it.

You can also apply to work on your bridging visa if you can prove financial hardship. There are options out there for you - lots of people are in the same boat - have a good read of the posts on this forum and book in for a free chat with a migration agent and you'll see that there are options for you


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Old 06-14-2011, 06:34 AM
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Hi Joanna

I agree with everyone else -- don't lie to DIAC. It would be much better to just lodge your de facto visa app on the very last day of your WHV.

Also, you need to understand that DIAC go through your partner visa with a fine-tooth comb, and if something seems a little off, they WILL ask questions. eg, if I was a CO I would be looking at your app thinking "Ok, so this girl got a 2nd year WHV due to 3months farm work. Fine.... BUT hmmmmm if the girl was working on the farm for 3mths --w here was the guy??" I reckon they might want proof that you were in fact still co-habiting during this interesting 3mth farm work situation. Is this resort close enough to these farms that you would indeed have been living together??

More problems than its worth. Risk it at your peril!

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Old 06-21-2011, 01:08 PM
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sorry to bump this thread, but i just want to throw out my situation since it's similar.

like you, i'm on a WHV and am preparing to apply for a de facto Partner Visa, but unlike you i don't even have the option of a second WHV as i'm American. originally i was going to make a short trip abroad towards the end of my WHV, apply for an ETA and then return to Australia and apply for the Partner Visa while on the ETA so that we could be well over the 12 month mark. now, however, i have opted to do what theskyisblue suggested and will apply for the visa on the day my WHV expires. i'm lucky enough to live in a city where there is a visa processing center, so i will drop off my application in person. i have called DIAC and have been told that applying on the day that my visa expires isn't a problem and that i don't even need an appointment to apply in person.

i entered Australia on a WHV on July 27th, 2010 and will apply for my Partner Visa on July 27th, 2011.

hope this helps. goodluck with whatever you decide to do!


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Old 06-22-2011, 02:32 AM
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Quote:
Originally Posted by nighstar View Post
sorry to bump this thread, but i just want to throw out my situation since it's similar.

like you, i'm on a WHV and am preparing to apply for a de facto Partner Visa, but unlike you i don't even have the option of a second WHV as i'm American. originally i was going to make a short trip abroad towards the end of my WHV, apply for an ETA and then return to Australia and apply for the Partner Visa while on the ETA so that we could be well over the 12 month mark. now, however, i have opted to do what theskyisblue suggested and will apply for the visa on the day my WHV expires. i'm lucky enough to live in a city where there is a visa processing center, so i will drop off my application in person. i have called DIAC and have been told that applying on the day that my visa expires isn't a problem and that i don't even need an appointment to apply in person.

i entered Australia on a WHV on July 27th, 2010 and will apply for my Partner Visa on July 27th, 2011.

hope this helps. goodluck with whatever you decide to do!
This is so frustrating !!! Every time I called immigration to ask them if this was allowed no one would give me a straight answer. Also, I was told that because they didn't do appointments anymore, that they prefered applications to be sent in by mail - but I asked what happens if the application is not ready until the second last or last day of a current visa's validity: they said in that case you could put it in in person but that they wouldn't look at the applicatio or anything.


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Old 06-22-2011, 03:08 AM
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Quote:
Originally Posted by SarahM View Post
This is so frustrating !!! Every time I called immigration to ask them if this was allowed no one would give me a straight answer. Also, I was told that because they didn't do appointments anymore, that they prefered applications to be sent in by mail - but I asked what happens if the application is not ready until the second last or last day of a current visa's validity: they said in that case you could put it in in person but that they wouldn't look at the applicatio or anything.
.....wow, that's weird. i called DIAC last week and was told that applying in person on the day that my visa expires is completely ok. they also said that i wouldn't need an appointment, although they didn't mention appointments not being done anymore. not once did they say i should send it in by mail and they didn't even ask where i would be applying to, so i don't know if where you apply makes any difference.

when was the last time you called DIAC....? if i show up at the Brisbane visa processing center the day my visa expires and am turned away i will be BEYOND pissed off. maybe i should call DIAC and ask again just to see if there is any consistency to their answer. i know that at least one other person on the forum has been told the same thing as me by DIAC....


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Old 06-22-2011, 03:28 AM
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Originally Posted by nighstar View Post
.....wow, that's weird. i called DIAC last week and was told that applying in person on the day that my visa expires is completely ok. they also said that i wouldn't need an appointment, although they didn't mention appointments not being done anymore. not once did they say i should send it in by mail and they didn't even ask where i would be applying to, so i don't know if where you apply makes any difference.

when was the last time you called DIAC....? if i show up at the Brisbane visa processing center the day my visa expires and am turned away i will be BEYOND pissed off. maybe i should call DIAC and ask again just to see if there is any consistency to their answer. i know that at least one other person on the forum has been told the same thing as me by DIAC....
No I'm sure whoever you talked to was right - and I had seen numerous people in the same situation applying in person on the last day on the forum. I'm in Melbourne and I called DIAC no more than a month ago, but it seemed that the operator wasn't all too sure - you can tell when they don't know what they're talking about !! But don't worry, if they told you that then it has to be right, the people I spoke to didn't actually say it was not allowed - but they didn't say it was perfectly fine either - they just babbled a bit about the actual time that the visa would expire..... Don't worry, I'm sure you'll be fine


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