ross2 Posted July 7, 2014 Share Posted July 7, 2014 Hi guys, first time posting...long time reader! I was hoping someone could give me a bit of advice on here regarding defacto visas. So I moved from the UK to Australia on a 457 Visa 2.5 years ago. Not long after moving here I met an Australian girl and we moved in with each other very soon after - been together for 2 years 3 months, living together for over 2 years. I've been with my original employer who sponsored me since I moved here, however I'll be leaving this role soon and taking a new job. This means that I won't be eligible to apply for permanent residency through the employer route anymore. So with that in mind I had a few questions: Firstly - Without being registered as a defacto couple would we still be classed as being in a defacto relationship? If I apply for a defacto visa how long is it likely to take to get processed? Just a ball park figure here would be useful. From what I can see the defacto visa turns into a permanent visa after 2 years so long as everything is still the same? Can I continue to work on a defacto visa as I can now on a 457 visa? THanks for reading and appreciate any advice. Many Thanks, Ross Link to comment Share on other sites More sharing options...
Ozmaniac Posted July 7, 2014 Share Posted July 7, 2014 If you've been living together for 2 years and have evidence of that covering at least 12 months, you shouldn't have too much trouble meeting the requirements to be classed as a de facto couple. It isn't necessary to have registered your relationship though if you live in a state with a relationship register, it probably isn't a bad idea - you can't have too much good evidence like that to support your application. When you apply for an onshore Partner visa, you will be granted a Bridging visa A but it will only take effect if your 457 expires before a decision is reached on your PV application. If your 457 is cancelled for any reason, you would go onto a different BV (I think an E) but it has no automatic work rights and you wouldn't be able to leave Australia under any circumstances - BVEs have no re-entry rights. You can apply for Permission to Work on the grounds of financial hardship but there's no guarantee that it would be granted. Onshore Partner visas seem to be taking 13 or so months to be granted as a rule but some are being granted sooner if they are lodged as decision ready i.e. with all forms, documentation, PCCs and medicals. There's no way of knowing though if you would be one of the lucky ones to get a quick decision. The 2 year temporary phase of a Partner visa is taken from when you apply for the visa. After 2 years, you are requested to provide evidence that the relationship is still intact and (usually) 6 months or so after that, the visa becomes permanent. A Partner visa has completely unrestricted work rights and eligibility for Medicare even on a preceding BVA (but only after it takes effect) and during the 2 year temporary phase. It's much better than a 457 as you have no ties to any employer (or occupation for that matter). You can work for anyone in any capacity. Link to comment Share on other sites More sharing options...
CollegeGirl Posted July 7, 2014 Share Posted July 7, 2014 You can actually apply for Medicare as soon as you apply for the 820 - you don't have to wait until the BVA takes effect. That's both something I've read multiple places, and something I (and others on another forum) have experienced ourselves. In my case, I applied the day after I applied for my 820. I still had several months before my BVA would have come into effect. You just need the BVA grant notice. Link to comment Share on other sites More sharing options...
Ozmaniac Posted July 7, 2014 Share Posted July 7, 2014 You can actually apply for Medicare as soon as you apply for the 820 - you don't have to wait until the BVA takes effect. That's both something I've read multiple places, and something I (and others on another forum) have experienced ourselves. In my case, I applied the day after I applied for my 820. I still had several months before my BVA would have come into effect. You just need the BVA grant notice. Makes sense. Now I come to think of it, I've also read that you can apply for Medicare as soon as you apply for a Partner visa. Thanks for the correction. Link to comment Share on other sites More sharing options...
ross2 Posted July 8, 2014 Author Share Posted July 8, 2014 Thank you so much for the advice. Very helpful! I'll be sure to post my experience when I apply. Link to comment Share on other sites More sharing options...
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