Planning ahead and exploring options

[localboy]

Hello all,

 

Firstly, thank you to all those who have posted on here previously, it's a fascinating insight and the real life stories help make the process so much easier to understand. So, onto me...

 

I'm 29 and a British citizen. I met a girl in February of this year whilst she was working in London. She is currently living in SYD and has dual Australian/European nationality which makes some of this easier as it gives us more options. Whilst I appreciate knowing someone for 8months doesn't sound like a long time, it's been a great 8 months and now she is back in Australia we are exploring our options and with apologies for the length of this post, any help on the following would be greatly appreciated:

 

Other things to take into account;

 

1. I have a 5.5 week holiday planned leaving the UK on 26th Dec to Sydney. We are travelling the East Coast together and have accommodation planned for the entirety.

 

2. I have been granted a 'career break' from my current employer which means I can have a year of unpaid leave whilst my job remains open. This gives me a bit of flexibility and mitigates any 'risk' slightly. The plan for the year is to live together in/near Sydney and I'll work (within the restrictions of the Working Holiday Visa).

Questions

 

1. We have looked into registering the relationship when we get to Sydney. Is this a good idea?

 

2. De Facto relationship- My WHV will give me a year in Australia. Whilst we could both always fly back to Europe, the preference is to extend this. Again, the ideal would be to get sponsored work but I am conscious this isn't simple, so, I am looking at a De Facto Visas. If I apply for one of these at the end of Year 1 (assuming all is still well), what does that grant me, i.e.- on lodging, do I get a temporary stay? If approved, what is the outcome, i.e.- 2 years stay? Are there restrictions on working as part of this?

 

In essence, the preference is that we are able to stay together in Australia, permanently. Whilst the dual citizenship means that we always have the option of living in London long term, the preference is Sydney and I am keen to understand my options/things I can be doing to make this more likely.

 

Any questions or any guidance appreciated and thank you in advance.

[Guest Bel]

Hi! Great to see your post and how exciting that you have made such a great connection with an Aussie!

I am from the UK and met my partner in Melbourne 2 years ago - we moved in together after a few weeks and have just applied for our De Facto Partner Visa.

 

The best advice I could give you from my experience and point of view is this:

 

Come over for a year on your WHV and make sure that you are collecting evidence of the two of you living together from the get go! (ie postcards and letters etc dated and addressed to you both at the same address, a joint lease if possible, bills etc with both of your names on at the same address and so on.) If after the first 6 months or so things are still going well I would then try to complete the 'rural work' needed to gain your second WHV. You would have the same restricted working rights but by the end of the first year you should know whether things are really going to work out and possibly be able to cut ties with your job back at home. These 2 years on a WHV gives you enough time to prove you have been in a de facto relationship for at least 12 months directly prior to applying for your de facto visa. In my experience one year would leave you a little too short on your dates, however at a push you could possibly do it - you would need proof you have been in a de facto relationship/lived together from the date you entered australia to the date your first year visa expires... you could apply for your de facto visa on the day your WHV expires but this would need to be in person to ensure that a bridging visa was granted on the spot and so this is a little risky. Whether you take 1 year or 2 you will receive a bridging visa A upon applying for your de facto for visa which will last from the date your previous visa expires until a decision is made on your de facto visa - the current processing time is over 12 months (eeek) but you do get full working rights on the bridging visa.

 

Phew! I hope this makes sense! Please do ask away with any questions you might have or if I haven't been clear in what I'm trying to say

 

Best of luck with everything!

Bel

[localboy]

Hello Bel,

 

Thank you very much for the response. In terms of the 12 month living together requirement, there is a suggestion that this could be waived here: http://www.ausmigrate.biz/index.php/partner/spouse-visa/?utm_source=GoogleAdwords&utm_medium=PPC&utm_campaign=DeFacto&utm_term=De%20facto%20australia&gclid=CLebzfqaq8ECFVgkvQodqk0A4g by "Couples who register their relationships with one of the State registers are treated similar to married couples in that they do not need to show a 12 months history together."

 

Does anybody have any experience of this? It sounds a bit 'shortcutish' and almost too good to be true?

 

As always, thank you again and any help appreciated.

[MaggieMay24]

Registration of the relationship waives the requirement to live together a full 12 months, but you still need adequate evidence of your relationship (e.g. joint tenancy agreement, joint bank accounts or credit cards, evidence of your social relationship, etc.) A lot of people successfully do this, particularly where they aren't able to live together 12 months due to other issues such as a current visa expiring.

[localboy]

Hello MaggieMay,

 

Thank you very much for the response. So, if I applied for a DeFacto Visa towards the end of my first year WHV, am I right in thinking I would be granted a bridging visa whilst that application was considered?

 

If so, what are the next steps, i.e.- if it's approved what am I granted? If it's declined, I assume I resume my pre-DeFacto status, i.e.- if I had time left on my WHV I'd go back to that, if that had expired, I'd leave Australia. I think maybe it's best to consider the 3 month agricultural work for the second year extension too as a further option.

 

Thanks again- really really appreciate all your help and advice in what is a massive life event!

[MaggieMay24]

Yes, if you apply while in Australia on another visa, you're issued a Bridging Visa A which allows you to remain in Australia after the WHV expires while the partner visa is granted. You can work on a BVA. If the partner visa is granted, you get an 820 visa. If it's declined, you'd have 28 days to file an appeal to MRT (I think you apply for another bridging visa to allow you to remain while waiting for the MRT).

 

I think you'd only need a second WHV if you weren't able to register your relationship. Since you can do this, I think you'd be fine to lodge your partner visa near the end of your WHV. It'd help to also make sure you get really solid evidence of your relationship from as early on as possible (joint lease or at least joint bank account/credit card, together on car insurance, superannuation beneficiary, plus a few photos, statements from family/friends of relationship, etc.) Read through the various partner threads to get ideas of what people have used for evidence.

[localboy]

Thank you again for yet more great advice.

 

If the partner visa is granted, what do I "get" in terms of Visa entitlement- i.e.- is it time bound, 2 years for example? Apologies for the questions around this- I'm struggling to find what the actual Visa would be called- number etc?

 

We are already thinking about the 'evidence' and starting to save documents which will be helpful.

 

Thanks again all, what a great forum!

[fifi69]

Bumping your post...

[MaggieMay24]

You'd be applying for the 820/801 visa. You should read the information on the DIBP website as it will explain the process. http://www.immi.gov.au/Visas/Pages/801-820.aspx

[wrussell]

There is no 12 months 'living together' criterion.

 

Be careful what you state on a WHV visa application.