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    1. #1

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      De facto or working/holiday visa?

      Hi all.
      I am getting myself in a bit of a twist about which visa to go for.
      My girlfriend is an aussie living in London as a teacher (for 6 years), but is desperate now to move back HOME.
      We have been together for two years but have got seperate homes in London. However I spend 3/4 days a week at her place and she too stays at mine once/twice a week.
      I have already spent 3 weeks in Oz with her, meeting family, friends etc.
      We have both just turned 30 and would like to start a life in Oz by a years time.
      Her mum has a spare property that we could live in, in their home town.

      Any advice?


    2. #2

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      Hey there,

      Not sure if you can go for the defacto one as you need to prove you have been living together for at least 12 months prior to the application being lodged - and provide endless amounts of information! we asked the same question when we applied as we had been living together for 12 months but didn't have joint bank accounts etc so were unsure i we met the requirements fully.
      here is the response we got -

      The Department of Immigration and Citizenship specifies that non-Australian citizens travelling to Australia should enter Australia on an appropriate visa for their intended purpose of stay and length of stay.

      Visitor visas are for genuine visitors to Australia only. This means you should be intending to visit for a holiday only, not work during your stay and depart at the end of your trip. If a Customs official suspects that you are not a genuine visitor when you enter Australia then they may refuse you entry. If you are intending to move to Australia and live there permanently, you should be obtaining an appropriate visa before you go.

      Technically it is possible to apply for a Partner Migration Visa from within Australia if you get through Customs on a temporary visa, provided you do not have a "No Further Stay" condition attached to your temporary visa. We strongly advise against this as this is not the most appropriate visa for your intention of travel to Australia.

      There are a number of advantages in lodging a Partner Migration application in London:

      1) The processing time at the London office is only 12 weeks whereas it may take over 6 months to be processed in Australia.

      2) The application charge is significantly higher for applications lodged inside Australia than at the London office.

      3) People granted a Partner Migration Visa in the UK will have full work rights upon entry to Australia and should then be eligible to enrol in Medicare (please see Medicare Australia). If you arrive on a visitor visa and lodge your Partner visa application in Australia then you will have to wait until a decision is made on your application (6 months) before you can work or enrol in Medicare.

      Partner Migration


      To be eligible for Partner Migration you will need to be either married, living in a defacto or interdependent spouse relationship (minimum 12 months cohabitation in a spouse-like relationship) or engaged to be married (Prospective Spouse visa - must have a wedding date set within 8 months of when you intend to enter Australia) to an Australian citizen or Australian permanent resident or eligible New Zealand citizen. Please see below for the visa subclasses for applicants outside Australia.

      Spouse visa: Offshore Temporary and Permanent (subclasses 309 and 100):
      http://www.immi.gov.au/migrants/partners/spouse/309-100/index.htm

      Prospective Marriage visa (subclass 300):
      http://www.immi.gov.au/migrants/partners/prospective/300/index.htm

      To lodge a Partner Migration or Prospective Marriage visa application at the London office the fee is £725 and processing takes up to 12 weeks. You can pay using a credit/switch/debit card (put your card details at the back of your form and pay in £) or a banker's draft/cheque made out to the "Australian High Commission". We do not accept cash, personal cheques, Diner's Club, American Express or postal orders.

      Please do not supply any original documents with your application, except for the forms, statutory declarations and police records checks. Photocopies of official documents and evidence of the sponsor's income should be certified by an authorised person (see attachment on Certification). Relationship evidence can be just normal photocopies. If you wish to provide photos, then please include a couple of pages of colour photocopies with 4 photos per page. Please do not use staples (except for the forms), plastic sleeves, paper clips, boxes, files, file dividers or sticky tabs.

      You should lodge your application by post using Special Delivery (recorded mail) and enclose another self-addressed Special Delivery envelope for the safe return of your documents.

      The website advises clients not to provide a front-end loaded application (everything including health and character checks) as the information is for all of the countries of the world. The health and character checks are only valid for 12 months, and their validity determines the initial entry date required if a visa is granted. Some countries have long processing times so the website advises applicants to check with the processing office first. As our office takes up to 12 weeks to process, you can go ahead and obtain your health and character checks before you lodge your application if you choose, or you can wait until you are asked to provide them.

      You may also wish to consider whether you meet the character and spouse relationship requirements as well when deciding whether to obtain your health checks. You are able to lodge your application without the health and character checks and send them in later, but you may wish to attach a covering letter explaining when you ordered or booked appointments for your checks. Please note that the character checks will be sent to you (you need to then forward them to our office with a covering letter) while the panel doctors will send your health results directly to the London office using Special Delivery (these will be linked to your application if/when it is lodged).

      You may be interviewed by a case officer and, if so, this is usually done over the telephone. Please see the attached documents for more information - you will need to click on the link and download information booklet 1 Partner Migration.

      Information booklet 1 Partner Migration:
      http://www.immi.gov.au/allforms/booklets/books1.htm

      Working Holiday Maker visa (subclass 417)

      This is a 12 month holiday visa for applicants from WHM visa reciprocal countries. You must be between 18 and 30 (inclusive), be of good health and character and not have any children. If granted it will be valid for entry for 12 months, and when you enter you will activate your 12 month stay. So you only need to be under 31 when you apply.

      You can apply online or by post to the London office. Applying online costs AUS$195 (need credit card) and takes up to 4 weeks to process. It will be granted as an electronic visa, so you will not have to put your passport in the post. Please see the link below:

      http://www.immi.gov.au/e_visa/visitors-outside-whm-visa-options.htm

      Applying by post you will need to download, print and complete form 1150, pay £100 (enter credit/swicth/debit card details in back of form) and processing can take 2-4 weeks. Please post the application using Special Delivery (recorded mail) to the London office for processing and enclose another self-addressed Special Delivery envelope for the safe return of the documents.

      Please see the link below and attachment for more information.

      First WHM visa:
      Working Holiday Visa (Subclass 417)

      It does not matter how long you stayed, or whether you worked or not during your first WHM visa, you will only be eligible for one WHM visa in your lifetime. The only exception is if you completed a minimum of 3 months of approved seasonal work in a regional area (ie. fruit picking, harvesting, farming etc) during your first WHM visa and still meet all the requirements of a WHM visa (ie. still under 31).

      Second WHM visa:
      Working Holiday Visa (Subclass 417)

      Please note:
      - The advice you are given by the London Contact Centre will be based on the information you supply.
      - We cannot advise clients on the likely outcome of any visa application, as applications are assessed on an individual merits basis.
      - The Department of Immigration & Citizenship strongly recommends that clients do not make any irreversible travel bookings until they have been granted an appropriate visa.

      We hope this information has been of assistance.

      Yours faithfully


      London Contact Centre
      Migration Branch
      Australian High Commission
      Strand London WC2B 4LA

      DIAC website: Department of Immigration and Citizenship
      London website: Home - Australian High Commission

      7160

      Telephone Information Service: 09065 508 900
      (The cost of this service is £1 per minute from a BT line however costs may vary for other providers and calls from mobile phones). Access to an operator is provided at the end of the recorded information between the hours of 9am and 4pm London Time, Monday to Friday except on Public Holidays and Australian High Commission Holidays for which see Home - Australian High Commission)

      DIAC Privacy Policy: www.immi.gov.au/functional/privacy.htm


      We've applied for the defacto but have currently been asked to provide more evidence of living arrangments and to fill in form 80 (which is a complete nightmare!)

      Hope this helps and good luck!!

    3. #3

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      Quote Originally Posted by adam25 View Post
      Hi all.
      I am getting myself in a bit of a twist about which visa to go for.
      My girlfriend is an aussie living in London as a teacher (for 6 years), but is desperate now to move back HOME.
      We have been together for two years but have got seperate homes in London. However I spend 3/4 days a week at her place and she too stays at mine once/twice a week.
      I have already spent 3 weeks in Oz with her, meeting family, friends etc.
      We have both just turned 30 and would like to start a life in Oz by a years time.
      Her mum has a spare property that we could live in, in their home town.

      Any advice?
      Yep - one bit. Move in together, because at the moment you are long way from satisfying the requirements of a de facto visa and would not get it in a years time unless you start to live together. It would have to be a working holiday visa and then look to see what can be achieved...
      100 defacto visa, granted 19/11/08. Here in Melbourne, which is a lot more expensive than we remember...

    4. #4

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      Thanks for your repies.

      I'm still a bit in two minds. as there doesn't seem a lot of difference between living together for a year first and applying for de facto.

      Or going to Oz on the working holiday visa and going for de facto later on while there.

      Would i be right in thinking that people do actually happen to meet (fall in love etc)while on the working holiday visa and decide they want to stay together and need to go for de facto there. Or do they just have to come back to their own country?

      thanks again

    5. #5

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      Quote Originally Posted by adam25 View Post
      Thanks for your repies.

      I'm still a bit in two minds. as there doesn't seem a lot of difference between living together for a year first and applying for de facto.

      Or going to Oz on the working holiday visa and going for de facto later on while there.

      Would i be right in thinking that people do actually happen to meet (fall in love etc)while on the working holiday visa and decide they want to stay together and need to go for de facto there. Or do they just have to come back to their own country?

      thanks again
      Well I'm over in the UK on the working holiday visa and have met and fallen in love - luckily for us though we met within my first month here and moved in pretty soon after as we knew we were serious about eachother.......Have only lived together for 14 months now though and I'm cutting it fine with the working rule (can only work for 12 months of the 2 years) while we wait for the approval....

      It might be more of a hassle for you to do the working holiday first as remember there are restrictions such as only being able to work for the same employer for no longer than 3 months, and if you do stay for more than 12 months on the working holiday visa (which you will to satisfy the defacto requirements and processing time for the visa once you send it in) then I'm pretty sure you have to go and do 3 months fruit picking or something in order to obtain a second year. I think there's something called a bridging visa to cover the gap, but it all sounds like a bit of a headache if you ask me!!

      I reckon maybe start living together as soon as you can and open joint bank accounts etc, and start collecting as much paperwork as you can to verify your relationship. Then maybe in 6 months or something aply for the working holiday visa so then at least you only have another 6 months to go once you arrive. You just have to be careful entering coz as that email from them says you can only enter Australia for the purpose of your intended visa, so if they suspect you're there for anything other than a working holiday visa it might get tricky.

      Or alternatively just propose to your girlfriend and go for the prospective marriage visa, all you have to do then is prove you intend to get married within 9 months of arriving in Aus!


    6. #6

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      "Would i be right in thinking that people do actually happen to meet (fall in love etc)while on the working holiday visa and decide they want to stay together and need to go for de facto there. Or do they just have to come back to their own country?"

      Yes that does happen and yes you can apply here.

    7. #7

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      Quote Originally Posted by adam25 View Post
      Thanks for your repies.

      I'm still a bit in two minds. as there doesn't seem a lot of difference between living together for a year first and applying for de facto.

      Or going to Oz on the working holiday visa and going for de facto later on while there.

      Would i be right in thinking that people do actually happen to meet (fall in love etc)while on the working holiday visa and decide they want to stay together and need to go for de facto there. Or do they just have to come back to their own country?

      thanks again
      do u not have to be under 30 to get whmv ???
      mrs keily
      LIFE IS A COIN , YOU CAN SPEND IT ON WHATEVER YOU WISH , BUT ... YOU CAN ONLY SPEND IT ONCE

    8. #8

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      Adams post was dated 27.11.2008 Susie
      Every picture tells a story!

    9. #9

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      Quote Originally Posted by adam25 View Post
      Thanks for your repies.

      I'm still a bit in two minds. as there doesn't seem a lot of difference between living together for a year first and applying for de facto.

      Or going to Oz on the working holiday visa and going for de facto later on while there.

      Would i be right in thinking that people do actually happen to meet (fall in love etc)while on the working holiday visa and decide they want to stay together and need to go for de facto there. Or do they just have to come back to their own country?

      thanks again
      we did this sorta.....we met in cambodia, spent a ridiculous short amount of time together....but lucky for us he had already planned a trip to aus on a working holiday a few months later!!

      my pom moved in straight away pretty much - but he has just finished 3 months of hard yakka picking fruit to apply for 2nd working holiday visa and then within the next 12mth we will apply for defacto visa.

      even though it was really hard being apart, we both wanted to be super sure that we had enough evidence etc and it also took a bit of pressure off getting our application togetehr...the WHV is RIDICULOUSLY easier and quicker to apply for!!!

     

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