Sign in to follow this  
Guest tone

De-facto/tourist visa

    Recommended Posts

    Guest tone

    Hi, I hope someone will help. My daughter is keen to return to Oz with her boyfriend who is an Oz citizen. She wants to go asap and is thinking of applying for a tourist visa for 6 months then a defacto one in Oz.

     

    She says she thinks a Uk application will take too long and besides her boyfriend/ sponsor will have a job in oz which should help when she applies there.

     

    Can someone help? What is she best doing? She wants to go asap and at minimum cost!

     

    Regards

     

    In the name of love

    Share this post


    Link to post
    Share on other sites
    Moneycorp

    Moneycorp

    Guest tharg69

    Hi.

     

    We were in a similar position. I am an Aussie citizen and I sponsored my partner Jan to get her De-facto spouse visa. It came through after about 10 days after an informal interview over the phone with the embassy.

     

    If you meet the requirements for the de-facto visa I would go for that one..

     

    Good luck in any case.

     

    Paul.

    Share this post


    Link to post
    Share on other sites
    Guest tone

    Hi

     

    Thanks for your advice, much appreciated. Was the 10 days after you received the visa because the medical was done some time before?. If so is it ok to do this?

     

    Cheers

    Share this post


    Link to post
    Share on other sites
    Guest tharg69

    Hi.

     

    Yes, we were confident about our application so Jan had her medical & x-ray before submitting the application.

     

    Paul.

    Share this post


    Link to post
    Share on other sites

    Is his ok to do this?

     

    My partner has a medical condition and we dont want to go thru the heartache of failing the medical at the last stage

     

    Can you have a medical before hand

    Share this post


    Link to post
    Share on other sites
    Guest tharg69

    Yes, you can have your medicals done before you submit your full application.

     

     

    Good luck.

     

    Paul

    Share this post


    Link to post
    Share on other sites

    Just bear in mind the medicals are valid for one year only, so the visa will have to be issued in that year...

     

    Don't thinks its too much of a problem now.


     

    TackleBox - Fishing Australia stuff.

    Share this post


    Link to post
    Share on other sites
    Guest esmith

    Hi

     

    I entered Australia on a tourist visa and then applied for defacto spouse migration. I submitted my medicals and police checks with the application, but it still took 3 months to process. Just be aware that you can't work on a tourist visa, so you might have to live on a tight budget and find some good hobbies to keep you occupied!

     

    Also, if doing your medicals in advance, they must be done at an approved medical centre. I think there's a list on the DIMIA web site. Otherwise you'll have to do them all over again, and pay twice.

    Share this post


    Link to post
    Share on other sites
    Guest Hannah410

    Hi

     

    All this is confusing but helpful at the same time!

     

    Can anyone verify for sure that you can apply for a de facto visa when actually in Oz on a 3 month tourist visa? Can you get police checks and a medical done in Oz if you're British before lodging the de facto application or am I best to get them done here before we go to oz to apply?

     

    Thanks

     

    Hannah

    Share this post


    Link to post
    Share on other sites
    Guest Gollywobbler
    Is his ok to do this?

     

    My partner has a medical condition and we dont want to go thru the heartache of failing the medical at the last stage

     

    Can you have a medical before hand

     

    Hello sabink

    Be a little careful, my friend. They will not process medicals unless they also receive a visa application. Without the visa application, somebody's medicals are none of DIAC's business so they have no jurisdiction to get involved.

    Also, if the Panel Doctor is able to tick Box A on Form 26 then the meds are simply processed by the administrative staff in London, which takes two minutes once they pick up the file, match it to the by-then received visa application and bingo.

    However, if the Panel Doctor has ticked Box B then the meds file has to be sent to Sydney for the Medical Officer of the Commonwealth (MOC) to assess them and to advise the Minister about whether or not the health requirement for migration is met. The Panel Doctor merely examines the visa applicant and reports what s/he finds. The PD has no involvement in the question of whether or not the medical criteria for migration are met.

    With Spouse/Partner visas, a waiver of the normal health requirements is potentially possible. In advising DIAC, the MOC has to consider (and explain) what the costs of caring for the visa applicant in Australia would be and this includes potential State Benefits such as the Disability Support Pension if the visa applicant is or will soon become unable to work. Very often, the actual medical care would not be expensive and/or involve the visa applicant needing access to medical and community care that is in short supply, but the potential entitlement to State Benefits would push the costs into the stratosphere. If DSP is payable then a number of other Benefits are potentially payable as well and between them they can add up to a lot when calculated from now until the visa applicant turns 65.

    So in the cases where a health waiver is potentially possible, the MOC gives an estimate of the likely costs and it is then up to the Case Officer to decide whether to grant the visa or not.

    The PD cannot tell you which way DIAC are likely to jump. He can give you his best guess, based on experience with past applicants, but he cannot do more than that and some of them are curmudgeons who refuse to speculate.

    So I think you would be well advised to read the documents in the following links. If after that you think that the medical condition could be a showstopper, I would recommend that you obtain professional advice from George Lombard in Sydney about the best visa strategy for you and your Partner. The reason why I would suggest George is that he is in Australia, he is not afraid of this legislation, he is interested in the medico-legal aspects of it plus he has a doctor, Elena, who works with him part time. Elena can understand technical, medical reports and based on her input, George is then able to suggest the best strategy for the applicant in question.

    http://www.immi.gov.au/media/fact-sheets/22health.htm

    http://www.immi.gov.au/allforms/health-requirements/index.htm

    http://www.pomsinperth.com/discussionboard/viewtopic.php?t=14309

    http://www.uk.embassy.gov.au/lhlh/health.html

    http://www.austimmigration.com.au/site/

    Best wishes

    Gill

    Share this post


    Link to post
    Share on other sites

    Create an account or sign in to comment

    You need to be a member in order to leave a comment

    Create an account

    Sign up for a new account in our community. It's easy!

    Register a new account

    Sign in

    Already have an account? Sign in here.

    Sign In Now

    Sign in to follow this  

    • Similar Content

      • By emma_mcgivern
        Mass Recruitment are looking for scaffolders UNDER THE AGE OF 30 to move from the UK to Australia - contracts from 6 to 24 months depending on how long you are looking to move over for. Would be a great experience for anyone. Please email CV's or any enquiries to ozjobs@massrecruitment.com.au
        Anyone with a trade qualification for construction is also desirable for future contracts.
        Thanks Everyone!
         
      • By mystica
        Hi there...Im filling visa form for 189 visa...what should be the answer to following question...Im student here in Australia from Pakistan
        Q-Have any of the applicants lived in a country other than the primary applicant's usual country of residence?
        please reply 
      • By MrsWayLay17
        Hello,
        I am new here but have been a lurker for a few weeks.  I am an Australian citizen who has been living in the UK with my now-husband for 15 years (i am a dual citizen). We got married last month in Queensland and have now come back to the UK. We've decided to move to Australia permanently with our two children in 2019 and I wanted to get the ball rolling with his visa. 
         
        Am i right in thinking that he applies NOW for his temp visa ... which then eventually will turn into the permanent one? I can apply for this visa now even though we won't be there for another 19 months?  Our children will have citizenship via me so i won't need to do anything with them besides get their Aust passports sorted out.
        If anyone else has done this, i'd love to hear from you. I understand the visas can take up to 3 years to obtain so now is a good time to start right??  Do some people wait until they're IN Australia? $7,000 is a lot of money! 
         
        Thank you for reading! 
      • By UKFrann
        Hi all,
        I have just left Australia after doing an exchange program from my home University in the UK for one year on a Student-Working visa. 
        I have a question regarding Superannuation (DASP). I am completely at grips with the ATO and Tax return (already claimed this for the year 2016/17) and that I am entitled to claim my Superannuation back via the DASP online system.
        My question (and I am unsure as to whether this is a myth or not) is whether would claiming my Superannuation for the past year affect any future chances of myself re-entering Australia with the intention of living there permanently one day on a different visa and starting to earn Superannuation again?
        I understand this is perhaps quite vague but my bottom-line question is if I claim back my Super now, will I be able to apply for a Working visa in the future and be able to extend this eventually to permanent residency/citizenship and start a new superannuation fund?
        Any help would be greatly appreciated! 
      • By Raz434
        Hi all,
        looking for any advise / knowledge around this. Continuously paying different amounts of money to different people and hearing differing opinions, its all rather confusing. 
        I have an honors degree (4 years) graduated 2013. Psychology.
        have worked in the field in my field 2.8 years.
        on a 457 visa, have a sponsor to do 186 but have not been with them 2 years.
        my degree is deemed not relevant to my occupation. Residential Care Officer. 
        Positive skill assessment thus came out as 0.8
         
        The assessment is used to help points based visa. Is 186 a points based visa? Does my degree need to be 'relevant' for my sponsored job?