De facto visa - what if my Aussie bf moves abroad for work?

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De facto visa - what if my Aussie bf moves abroad for work?


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Old 07-07-2011, 04:31 AM
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De facto visa - what if my Aussie bf moves abroad for work?

Hi all

I am currently in Australia on my 2nd year WHV and trying to get sponsored through a 457 visa without much success. So, I'm looking into a de facto visa with my australian bf who I've been dating for over a year now.

He wants me to stay but he has dreams of going abroad to work. If (big if!) we got a de facto visa approved, what would happen if he went abroad (and we stayed together of course)? Would I still be able to stay and work in Australia? Or would my right to stay go as soon as he left the country despite still being in a relationship?

Thanks in advance for all your help, this forum has already answered so many other questions for me!

Cheers

Blondie x


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Old 07-07-2011, 06:37 AM
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Originally Posted by blondie View Post
Hi all

I am currently in Australia on my 2nd year WHV and trying to get sponsored through a 457 visa without much success. So, I'm looking into a de facto visa with my australian bf who I've been dating for over a year now.

He wants me to stay but he has dreams of going abroad to work. If (big if!) we got a de facto visa approved, what would happen if he went abroad (and we stayed together of course)? Would I still be able to stay and work in Australia? Or would my right to stay go as soon as he left the country despite still being in a relationship?

Thanks in advance for all your help, this forum has already answered so many other questions for me!

Cheers

Blondie x
You can apply for a defacto visa IN Australia as long as you are IN Australia when a decision is made - AFTER the visa is granted, you CAN go overseas and when they are ready to let you do the 2nd stage visa (2 years after you applied for the first stage) you can do all that from overseas - that's fine.
The you'd be granted permanent residence, and as long as you STAY with your partner you would eventually be eligible for citizenship.

HOWEVER, if you did not spend your years as permanent residence with your partner and you were overseas, then this time would not be counted as time spent in Aus and you'd lose your permanent residence.

Of course if you just stayed in Australia as a permanent resident you'd be eligible for citizenship after a certain number of years (check immi site for more details). NOW: this is important, your problem is that if you BF goes overseas you still have to provide enough evidence that the relationship is genuine and on-going when the time comes for the 2nd stage of the visa (2 years after the first). If you don't have enough to show that you're still together and in a serious relationship, you won't get permanent residence even if you were granted temporary residence.

So just to clarify, when you apply for a defacto visa, you're actually applying for 2 visas (the one that grants temporary residence and then 2 years after you applied initailly they re-asses your eligibility and if you're successful you're granted permanent residence. It is very important that when you are re-assesed, that you pretty much prove the same things that you had to prove the first time and this may be made difficult by the fact that your partner would have left you in Aus (of course it depends how much time he spends overseas whether it will really affect your application or not).

When he goes overseas you'd have to be in a lot of contact via Skype, msn, or phone as this would be your primary evidence that the relationship is continuing - the thing is that this alone probably won't be sufficient to qualify for permanent residence.

Hope that helps.

EDIT:
Apply for this visa on de facto grounds doesn't mean that you are eligible as boyfriend/girlfriend. A de facto relationship is one that is marriage-like, which means you live a life together to the exclusion of all others, you should ideally be living together (you will be rejected if you don't have compelling reasons for not living together), and you have to provide lots of evidence to prove that the relationship is genuine and ongoing.
Read the partner booklet to see if you are eligible:
http://www.immi.gov.au/allforms/booklets/1127.pdf


Last edited by SarahM; 07-07-2011 at 06:49 AM.

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Old 07-07-2011, 06:44 AM
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Thanks for that Sarah. What if I decide to stay in Australia while he goes abroad for a year or so? Sorry, that may already be implied by the 2 stage visa but I just wanted to check!

Thanks


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Old 07-07-2011, 06:50 AM
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Originally Posted by blondie View Post
Thanks for that Sarah. What if I decide to stay in Australia while he goes abroad for a year or so? Sorry, that may already be implied by the 2 stage visa but I just wanted to check!

Thanks
I just edited my post, so re-read it and I've explained better what you'd have to prove if he goes away and you remain in Aus


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