joandjosh Posted August 25, 2014 Share Posted August 25, 2014 can anyone help to shed some light on the defacto visa application process? we are about to start the process, we currently live in the UK, my boyfriend has Australian citizenship through his mother being Australian but hasn't lived there for quite a few years now. we have recently returned from Oz after taking a year out to go over and visit family and tour the country, now we are back we know we want to make the move over there and set up home on the sunshine coast. would it be better for us to apply offshore or onshore? does it really make much difference? time wise? where does my boyfriend stand as a sponsor if we apply offshore and he doesn't have work in Australia at the time of application? is there anyone out there that can send some insight our way from personal experience before we get started?? any help gratefully received, thanks in advance Link to comment Share on other sites More sharing options...
Pumpkin Posted August 25, 2014 Share Posted August 25, 2014 Well as you are offshore, I would assume that applying offshore is best ... otherwise you have to sneak in on an unsuitable visa and hope you don't get stopped. I am not aware of any requirement for your partner to have work in Australia as a sponsorship condition. Link to comment Share on other sites More sharing options...
joandjosh Posted August 25, 2014 Author Share Posted August 25, 2014 Yes i reckon you are right there! I recently spoke to a couple who said that they went over to Oz with her on a tourist visa and applied onshore which allowed her to be given a bridging visa whilst they waited for the defacto one to be given! They reckoned it was quicker that way? I wondered if anyone else might say the same? Think the obvious decision will be just do it from here! Link to comment Share on other sites More sharing options...
engaus Posted August 25, 2014 Share Posted August 25, 2014 Yes i reckon you are right there! I recently spoke to a couple who said that they went over to Oz with her on a tourist visa and applied onshore which allowed her to be given a bridging visa whilst they waited for the defacto one to be given! They reckoned it was quicker that way? I wondered if anyone else might say the same? Think the obvious decision will be just do it from here! It's not quicker. Onshore waitin time is 12-18 months, London offshore applications are currently 10-14 months. If you do come over on a tourist visa and apply onshore you will get work rights but don't expect to find it easy to get a job - a lot of employers are hesitant to hire people on BVA's. If your in no rush, apply offshore and come over once granted Link to comment Share on other sites More sharing options...
joandjosh Posted August 25, 2014 Author Share Posted August 25, 2014 Thanks for the info! Decision made, we'll apply offshore! Link to comment Share on other sites More sharing options...
Pumpkin Posted August 26, 2014 Share Posted August 26, 2014 Yes i reckon you are right there! I recently spoke to a couple who said that they went over to Oz with her on a tourist visa and applied onshore which allowed her to be given a bridging visa whilst they waited for the defacto one to be given! They reckoned it was quicker that way? I wondered if anyone else might say the same? Think the obvious decision will be just do it from here! To add to what engaus said, not only is it slower but it is more expensive too. And it is not a legitimate strategy, although some might get away with it, but that is not the proper use of a tourist visa and from your perspective, as someone who has just spent a long time in Australia, you are more likely to attract attention at immigration when you arrive. Link to comment Share on other sites More sharing options...
Alan Collett Posted August 26, 2014 Share Posted August 26, 2014 Acknowledging the above comments, onshore applications provide access to the appeals mechanism if the original application is unsuccessful for any reason. => everything else being equal, you would apply onshore. Registration of the relationship in certain States of Australia to overcome the 12 month living together requirement for de facto couples is also available to onshore applicants. However, if both of you have the ability to live and work in the UK while the application is being processed in London it may well be that practically an offshore application is the way to go. Best regards. Link to comment Share on other sites More sharing options...
Pumpkin Posted August 26, 2014 Share Posted August 26, 2014 Acknowledging the above comments, onshore applications provide access to the appeals mechanism if the original application is unsuccessful for any reason. => everything else being equal, you would apply onshore. Registration of the relationship in certain States of Australia to overcome the 12 month living together requirement for de facto couples is also available to onshore applicants. However, if both of you have the ability to live and work in the UK while the application is being processed in London it may well be that practically an offshore application is the way to go. Best regards. Would immigration agree that is was legitimate to pretend to be a tourist and go to Australia purely to lodge a different visa application and have appeal rights? Link to comment Share on other sites More sharing options...
Alan Collett Posted August 26, 2014 Share Posted August 26, 2014 Would immigration agree that is was legitimate to pretend to be a tourist and go to Australia purely to lodge a different visa application and have appeal rights? It is legitimate to arrive on a tourist visa if one's intention is to holiday or to visit friends/family in Australia. I'll leave my response at that ... Best regards. Link to comment Share on other sites More sharing options...
joandjosh Posted August 26, 2014 Author Share Posted August 26, 2014 Thanks everyone, you've made our decision to apply offshore a certainty now! Our heads are clear, we aren't in a desperate hurry and as we are living and working here it seems like the obvious way to go i reckon! We've been together for 7 years and living together for 3 of them so fingers crossed Link to comment Share on other sites More sharing options...
BrownEyedGal Posted August 26, 2014 Share Posted August 26, 2014 Hi joandjosh Offshore..otherwise as the wise folks have said you will have to look for another type of visa to stay e.g. student or holiday and not being able to work is a bummer. Whilst working in the UK you can be looking for companies you want to work for or organising transfers, etc. but obviously to your timescale. If no hurry, do it the UK and don't forget the people that really know to do the Stat Decs are nearby, police checks, medicals and all of those things are easier accessed whilst in the UK, (I think). Plus as you have been together for 3 years or more, you have more evidence to hand rather than having to bring it all over with you. Yep, offshore in your case. BEGal Link to comment Share on other sites More sharing options...
joandjosh Posted August 26, 2014 Author Share Posted August 26, 2014 Thank you Link to comment Share on other sites More sharing options...
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