Michaelw86 Posted October 17, 2013 Share Posted October 17, 2013 Hello, Firstly I'll give you a bit of background knowledge of my situation. I'm a 26 year old British male, my girlfriend is a 22 year old Australian. We started officially going out with each other at the start of December 2012. In June 2013 my girlfriend moved in with me into my parents house. We have just got back (October 2013) from a 2 week holiday in Adelaide to visit my girlfriends family and to see if i like the area. After this we are both keen to move to Australia and are planning on applying for a defacto visa. I am aware that we would not be eligible to apply for the defacto until December, but we're trying to be as prepared as possible as I have heard it can be quite a lengthy process. My girlfriend has been away for almost 2 years now and after the recent holiday is very keen to get back home ASAP. I have read through many forums and found some very useful information, but I'm wondering if anyone can help me with some questions I have that are more specific to my individual circumstances. 1. Is it an acceptable practice to go out to Australia on a tourist visa, then apply for the defacto whilst out there, hoping to secure the defacto in this period? 2. The only concern I have is that we don't have much evidence from the first few months of our relationship despite spending most of our time together, as we worked together and spent most nights at each others houses. Since June, and being in the summer we have done lots of stuff together, eg Holiday to Turkey, went to my brothers wedding together, been on holiday to Australia to meet her family. Do you need evidence for a whole 12 month sustained period? Also, if after reading my circumstances you have any advice that you think might help me it would be greatly appreciated! Thanks, Michael. Link to comment Share on other sites More sharing options...
Rupert Posted October 17, 2013 Share Posted October 17, 2013 I don't believe you would qualify until June next year, you were only dating in December 2012, you are not a defacto couple from the dy you met, that is like suggesting that you got married on your first date. Defacto means you are married to all intents and purposes but have opted out of the ceremony. It doesn't mean dating. So you would have six months on the tourist visa before you apply for the visa. I would not say going on a tourist visa and applying whilst out there is officially an acceptable practice, tourist visas are for tourists. However, some will do it and I am sure in many cases get away with it. Personally, I would wait but then I am a patient person. Link to comment Share on other sites More sharing options...
Michaelw86 Posted October 17, 2013 Author Share Posted October 17, 2013 We started 'dating' in September 2012. December is when we decided we would make it more official, but yes I understand what you're saying. The lack of evidence in between that time is not gonna do us many favours. Have you been through this process yourself? Link to comment Share on other sites More sharing options...
Guest Posted October 17, 2013 Share Posted October 17, 2013 What Rupert said. One option as you don't have enough time together is to consider a WHV for you which is good for a year, ensure you continue to live together defacto during this and then apply for the partner visa onshore near the end of the year. Link to comment Share on other sites More sharing options...
CollegeGirl Posted October 17, 2013 Share Posted October 17, 2013 Unfortunately, South Australia is a state in which you cannot register your relationship, or I'd suggest that as it could help you with the 12-month requirement. Since that's not an option, though, you are almost definitely going to need to wait until a year after you started living together, so June of next year. I'd suggest going over on a WHV, as snifter suggested, to get you through until you can apply in June. Make sure you collect plenty of evidence while you wait, and start putting together your application together a few months in advance - it takes more time than you think. Keep in mind that WHVs can sometimes come with Condition 8503 which would prevent further onshore applications (like the 820). I'm not sure how likely WHVs for UK folks are to come with that condition attached - hopefully someone else here knows and will comment. Link to comment Share on other sites More sharing options...
Michaelw86 Posted October 19, 2013 Author Share Posted October 19, 2013 Yeah i probably should have mentioned this before, i've already used my WHV last year, before I met my girlfriend. I gained that WHV on my British passport, but I also hold a Canadian passport, would I be able to get another one on this passport? Link to comment Share on other sites More sharing options...
Rupert Posted October 19, 2013 Share Posted October 19, 2013 Yeah i probably should have mentioned this before, i've already used my WHV last year, before I met my girlfriend. I gained that WHV on my British passport, but I also hold a Canadian passport, would I be able to get another one on this passport? No the WHV is per person, not per passport. Link to comment Share on other sites More sharing options...
Quinkla Posted October 19, 2013 Share Posted October 19, 2013 Yeah i probably should have mentioned this before, i've already used my WHV last year, before I met my girlfriend. I gained that WHV on my British passport, but I also hold a Canadian passport, would I be able to get another one on this passport? There was an episode of Border Security where an Irish lad tried to get a second WHV on a second passport. It didn't end well - he was deported and banned from Australia for three years. You really need to play by their rules. The standard way forward is to apply offshore for a s300 Prospective Marriage visa, wait for it to be granted, move to Australia and get married within 9 months of the grant of the visa. I would also mention in passing that your language at the moment suggests that your relationship is not even now at a de-facto stage. You say that you are "officially going out" and that she is "your girlfriend". You probably want to sort that out. Link to comment Share on other sites More sharing options...
Sammy1 Posted October 19, 2013 Share Posted October 19, 2013 Hello, Firstly I'll give you a bit of background knowledge of my situation. I'm a 26 year old British male, my girlfriend is a 22 year old Australian. We started officially going out with each other at the start of December 2012. In June 2013 my girlfriend moved in with me into my parents house. We have just got back (October 2013) from a 2 week holiday in Adelaide to visit my girlfriends family and to see if i like the area. After this we are both keen to move to Australia and are planning on applying for a defacto visa. I am aware that we would not be eligible to apply for the defacto until December, but we're trying to be as prepared as possible as I have heard it can be quite a lengthy process. My girlfriend has been away for almost 2 years now and after the recent holiday is very keen to get back home ASAP. I have read through many forums and found some very useful information, but I'm wondering if anyone can help me with some questions I have that are more specific to my individual circumstances. 1. Is it an acceptable practice to go out to Australia on a tourist visa, then apply for the defacto whilst out there, hoping to secure the defacto in this period? 2. The only concern I have is that we don't have much evidence from the first few months of our relationship despite spending most of our time together, as we worked together and spent most nights at each others houses. Since June, and being in the summer we have done lots of stuff together, eg Holiday to Turkey, went to my brothers wedding together, been on holiday to Australia to meet her family. Do you need evidence for a whole 12 month sustained period? Also, if after reading my circumstances you have any advice that you think might help me it would be greatly appreciated! Thanks, Michael. From what you have said you would be eligible to apply next June. Make sure that you collect lots of evidence such as joint accounts and evidence of living together for 12 months at least. You are very young and have lots of time. Lots of people do apply onshore and then receive a bridging visa. Link to comment Share on other sites More sharing options...
blossom Posted October 19, 2013 Share Posted October 19, 2013 Agree with everyone else. You are going to have to wait until June. Even then it's going to be far harder to prove as you are living with parents. Make sure you keep all old bank statements for her at your address, pay slips if they have the address on etc etc. If you do decide to go on a tourist visa there is no point going until about April time so your year will be up before the tourist visa runs out. And remember, you can't work on the tourist visa. Not only that, but when you enter the country you can't have anything on you that looks like you are moving your life over. You are coming as a tourist. One sniff of a cv and you will be turned away and banned for three years. Link to comment Share on other sites More sharing options...
Quinkla Posted October 19, 2013 Share Posted October 19, 2013 Another way would be to get married now in the UK and then apply immediately for an offshore partner visa. Or could it work to marry now and then travel together on a tourist visa, then decide spontaneously to stay and apply for an onshore 820? Link to comment Share on other sites More sharing options...
Guest Posted October 19, 2013 Share Posted October 19, 2013 You appear to only have been defacto since June so agree with the others, for the partner visa you need to wait till next June before applying. Dating does not count in defacto, so forget the rest of the time. Also do things like share bills, bank account or savings account, name each other in car insurance, life insurance and so on. Things that couples who live together as defacto couples would do. Simply living under the same roof at your parents may not cut it as you need to show a bigger level of commitment to each other. As has been said, de facto is like married in all but name. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.