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OffShore De Facto Visa Application from London - Little help needed

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[it is the Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100) i am wishing to apply for]

 

 

Some information so you know where i am coming from:

 

 

I am british and my gf is Australian. I lived in Australia for one year on a working holiday visa. Towards the end of my year in australia we were going to apply for the Onshore De Facto visa so I could stay in the country (and my job), but as time was running out and I was getting different answers every time i rang the immigration department about having a complete application, we decided it was safer to leave on the day my visa ran out and make our way to the UK to apply there.

 

 

We have been travelling through Asia since then and now we are about to head back to the UK. The plan is to apply at the immigration office when we get back to the UK. We have all the required documents (statutory declarations etc) the only thing we won't have is police clearance from Spain (as I lived in Spain for over a year in the last five years so this is required)

 

 

I have read through the application form and the document checklist but my question is..

 

 

Is it possible to apply as soon as I arrive in London and then give the police clearance documents once we have been to Spain to collect them? It could be a month or two later. We really want to get back to Australia asap, but don't want to risk applying and then being declined for something like one missing document.

 

 

PS the reason we are going to Spain for the police clearance is that it is 400euros more expensive to organise a lawyer to obtain it on my behalf. I must go to Madrid to collect.

 

Thank you anybody that can advise.

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I can't recall what the form is for sending in police checks for other countries lived in when you submit. I know your UK police check you need to wait till your CO requests it. What does it say on the paperwork? There is a checklist for what needs to be included in your application (if relavent to it). Its preferable not to miss anything out from that list is my understanding. Its all listed to include for a reason.

 

However, if there is anything missing from your application when submitted your CO will request the info/documents within a set time frame and you are expected to deliver them within the time given. If you don't, they make their decision on your visa without and it could mean its not granted. You don't get a huge amount of time so be aware if you submit without it you may well only have a month or so to get it sorted and back to them.

 

When I submitted my application I was asked to provide two extra documents within X amount of days. I got them back to my CO within a week. Neither of those documents was on the check list I should add. These were two extra pieces of paper the CO requested. Everything we needed to submit on the checklist we sent in with my application.

 

 

The link above is good. A 3 week wait and you apply online for Spain. Don't know why you would need to go there or pay a lawyer if that Aus immigration PDF link is correct. You could apply online for it as soon as you get back to the UK, in the meantime get the rest of your paperwork together, fill in the application forms and so on and as soon as it arrives pop it in with the rest of the application and then submit it.

 

SPAIN

Relevant document: ‘Certificado de Antecedentes Penales’.

Residents

Apply in person to:

Ministerio de Justicia or Ministerio del Interior, in most provincial capitals in Spain.

Form: use ‘Modelo 790’

Processing time is ‘on the spot’ if applying in person.

Non-residents

Apply to the DIAC office processing the application.

Provide: Form 80 and National Identity Document (DNI) or passport. Form 80 is available from DIAC

or on the website: http://www.immi.gov.au

Fee: 3.50 Euros

Processing time is approximately three weeks.

http://www.mju.es/

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When I applied back in August the notes that I read said that the police checks would be requested by the case officer and you didn't need to submit them with the application.

 

I used the checklist on the London High Commission website (http://www.uk.embassy.gov.au/lhlh/immi_partner.html) and police checks aren't explicitly on there as being something that has to be in the application. The information was presented differently when I applied though and I'm sure it was more explicit that police checks shouldn't be completed before application. Point 9 on the current version does however say that the immigration officer will request anything further if necessary. At the moment, applicants aren't being asked to apply for their UK police check until a few months after they submit as once the visa is granted you have to enter Australia before the certificate expires - this is 12 months for the UK police checks. As the visas are taking 8-9 months to process, if you front load the police check you will have very little time to enter Oz.

 

I'm no migration agent, but from the experience of people on this thread ( http://www.pomsinoz.com/forum/migration-issues/58449-summary-spouse-visa-processing-times-offshore-uk-please-add-your-stats-694.html ) applications don't seem to be refused for one or two missing pieces of information - the case officers seem to give you time to send them anything that was missing. I would imagine this might not apply if you give them a 50% incomplete application, but it doesn't seem to be an issue if its only one or two things :)


22/03/2013 - Subclass 100 partner visa granted!!! 9/04/2013 - landed. Moved to Sydney 01/06/2013 and loving life :biggrin:

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You are non-resident, you can apply online. Check this link, hope this helps.

 

http://www.immi.gov.au/allforms/character-requirements/character-penal.pdf

 

 

 

I cannot find the section where it says for non-residents. For Spain, it only has a residents section and says you have to hand it in in person. Does this mean I would need to travel to spain as it is not available for non-residents now? :(

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Please check this, it says you can apply online:

 

 

http://www.mjusticia.gob.es/cs/Satellite/en/1200666550200/Tramite_C/1215326258560/Detalle.html

 

I cannot find the section where it says for non-residents. For Spain, it only has a residents section and says you have to hand it in in person. Does this mean I would need to travel to spain as it is not available for non-residents now? :(

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