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shanef

Getting Girlfriend out on a Defacto Visa from Ireland - Statement of genuine intent - What now

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Hi All,

I am working in WA for the last Year on a 457 visa.I would love to be able to get my girlfriend (of 5 yrs) out here now as a defacto partner.The problem is that the Immigration don't believe my girlfriend is genuine EVEN AFTER 5 yrs - asking why she didnt come out with me in the first place - genuien reason because SHE had a good job and wanted to see how I would get on ..Now the Immigration officer wants a statement from my partner / girlfriend toexplain WHY she wants to come out here now ...We have given photos etc... Has ANYONE been ina similar predicament ?

WE HAVE 28 DAYS !!!!!!!!!!!!Any help/advice would be GREAT

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Guest GeorgeD

Hi Shanef,

 

Welcome to PIO!

 

I haven't been in your situation, but I can give you some general advice...

 

Firstly...you are claiming you have a defacto spouse. This is basically the same as saying you are married, but not had a ceremony. You have the same level of commitment to each other as a married couple. So stop calling her your Girlfriend! She's your partner...sounds pedantic, but the two words actually create a different image in the mind, so try and not use the G word!

 

You have to prove that you have been in a defcato relationship for the last 6 months I believe on the 457 visa (others may come by to correct me, I'm not 100% sure). There are other visas (such as the Spouse Visa) where you have to have been in a defacto relationship for 12 months, but I believe it is only 6 for the 457. Given that you have been in Oz for the last 12 months, and she has been in Ireland, DIAC are well within their rights to ask for clarification/confirmation of your commitment.

 

If all they want is a statement then you have really got off lightly...Normally you would need evidence to prove your commitment to each other. If they haven't asked for proof already, be prepared for it. Stat Decs/statements are a good start, but you need other proof, as they can easily be made up. Photos are OK, but all they prove is that you were both at the same place when a photo was taken, not the nature of your relationship. Do you have any joint commitments, such as a joint bank account, joint mortgage, joint tenancy agreement, any joint loans, etc. Have you transferred money between each other while you have been overseas? Have you got records of phone conversations (itemised bills) during this time to show how you maintined contact, etc? Has she travelled to visit you, have you been back to Ireland to see her, etc?

 

I think you are in an unusual position, and given you have only 28 days and not giving them sufficient info in that time may mean she is refused a visa, I think you really should take some professional advice from a Registered Migration Agent. Paying for a consultation has surely got to be preferable compared to her being refused a visa to Australia.

Edited by GeorgeD
Spelling!

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GeorgeD

George - MANY THANKS for the welcome and the email !!!!

Right now we have given everything (skype,emails,pics,plane tickets - hols etc.. to the Case officer as my agent has been utterly useless - so I am going alone (long story )

Anyway - the Case Officer contacted me yest. via phone - (they get an awful name !! but in my case they couldnt be more helpful )

So she accepts thats my PARTNER is a Defacto partner now I think - but she wants to know WHY she didn't come out with me last August when I came to Australia on my 457. I didnt want her to come over leaving a good job that she liked and what IF I didnt like it here !!! ( Please note on my 4357 application I never ticked the box Defacto I ticked it single !!!! I know I know ! but in Ireland if your not married your single - no defacto relationships - as far as I know anyway....

After speaking with the lady yest. she wants a statement as to why my partner now wants to come out to me and why - its all pressure now !! 27 days to go .... what can she do - she came out here for 5 wks in Dec. .. what does she say in the statement - what will sell it to the Case officer ? soo close I think !! We are both interested in starting a family as our age is now against us ... I inted getting engaged asap IF she gets here but EVERYTHING IS ON HOLD now - anymore help would be great - would alot of statements from other people help ? completely at odds as to what else to provide ... IF I submit something is that it ? or would they come back and say we need more ...

 

What else will I send her ???

 

Cheers

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Guest Bazinga

Calm down. Just put what you've put here in a statement. My statement was **** hot even if I do say so myself, be honest but also put in a line about seeing your future with your partner in Australia. Well your gf needs to write it. We also had statements from family and close friends. We were apart for 7minths while it was being processed but we are married and have two kids.

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Guest Bazinga

28days is the standard amount of time they give you. I wouldn't get too worried about that bit.

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Guest GeorgeD

So she accepts thats my PARTNER is a Defacto partner now I think

 

Well done, you're learning!

 

You're dealing with someone who doesn't know you or your partner and has to assess whether your relationship is genuine.

 

First thing to say is...don't get her to write anything which isn't true! You might be asked to prove it...for example, don't tell her to write she had an ill family member, they could ask for proof of that, etc. If it was because she had a good job, she didn't want to leave while you tested the water, then say that...she can back that up with payslips, etc I would also explain that you ticked Single because you don't use that terminology, but in DIAC's sense you are in a defacto relationship. It all sounds perfectly reasonable to me. It may well be that all she needs is something like that in writing. By law she needs evidence to show she investigated it. It may well be that a few lines of a statutory declaration saying what you have said here is sufficient. Unfortunately, I don't know if this will be enough or not!

 

Try and see what other evidence you have...are you named in each other's wills? If you don't have wills, get them done, you want to provide for each other in the event of death of course...Are you named as next of kin, etc. It may well be though that they don't need any more evidence other than her statement.

 

I would give any further evidence you can dig up, and get your partner to write up that statutory declaration. Other stat decs from friends and family may help as well...if it was common knowledge to them that you were together and still are, then that isn't going to hurt your case, although it may not go for a lot (again, easy to make up).

 

I know you said you dealt with an agent who wasn't up to much use, but I still think you would benefit from professional advice. There are highly regarded agents who frequent this forum from time to time. You may wish to have a chat with one of them, or if anyone else has experienced a similar situation and can offer assistance, then great!

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Calm down. Just put what you've put here in a statement. My statement was **** hot even if I do say so myself, be honest but also put in a line about seeing your future with your partner in Australia. Well your gf needs to write it. We also had statements from family and close friends. We were apart for 7minths while it was being processed but we are married and have two kids.

 

 

Heyy THANK YOU SOOO MUCH !

I must say ye guys are great ! its great to have valuable responses

May I be sooo bold as to ask for template copy of what you sent to the Immigration people ?? just to get an idea ?

 

I would be very grateful - IF not I understand totally

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Guest GeorgeD

Remember that in Bazinga's situation they were married and I'm guessing (correct me if I'm wrong), didn't say on their application that they were single and then decided to confess to being married! You are adding a partner retrospecively. It may be a slightly different situation.

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Guest Bazinga

I don't think I typed it out so I may not have a copy. Let me have a search. Just be honest, I just wrote how we met, abt our relationship, why we had let him make the move first and slipped in a few couldn't imagine my life without him in it type statements. You will be fine, just do your best.

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Guest Bazinga

And GeorgeD that was a super fast visa grant you got, well done!

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Many thanks !!!!

 

I cant get over how helpful peoplea re on this site ...

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Guest Bazinga

Well, we have all been through it and had our hands held by others who had been through it first so it is just the way it goes. I can't find my statement I'm afraid. Like I've said tho just be honest.

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Hi there,

 

If I were asked to due the statement I would start from the beginning (to cover all bases). Do it how you like. My husband and I had to do a relationship statement each, and they were very different format. Mine was very pointed, he's was more of a story. They just want the facts.

 

So begin simple & short about how you met, and how your relationship developed. Through to when, why & how the decision was made for you to try Australia without her & in detail why. She can put her feelings into it. Write just like you are talking to the CO.

 

Once you start typing you'd be surprised how much you get down!

 

Good luck!

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HEY GUYS :jiggy:

I GOT GREAT NEWS LAST WEEK - MY PARTNER GOT THE DEFACTO VISA

 

Thank you for all your advice ....

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Guest GeorgeD
HEY GUYS :jiggy:

I GOT GREAT NEWS LAST WEEK - MY PARTNER GOT THE DEFACTO VISA

 

Thank you for all your advice ....

 

Congratulations, well done!!!

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