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Hi all

 

I was wondering if anyone has had a similar experience or knows much about this...Any advice would be greatly appreciated.

 

My partner has been offered a job on a 457 Visa in Sydney. His company are willing to have me added to it. We however do not class as defacto at the moment. It has been suggested that we 'register our relationship' with the NSW government (automatically making us defacto and voiding the 12 month period usually needed). It has been suggested that we fill these out together in the UK and once he is in Australia he can register us. It will take 28 days for a certificate to be processed and following that we can apply for me to be added onto his 457.

 

What I was wondering was-

Do you know hold long this process could take for my visa to be granted?

Can I do it while in Australia? i.e. go out on a tourist visa and then be put on a bridging visa.

and the touch costs this may incur?

 

Thanks

Emma

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Unfortunately you will need a lot more than a certificate to show you are in a defacto relationship.

 

It is true that this waives the 12 months requirement, but you still need to provide solid proof that you have:

 

joint finances

joint social life

joint household

joint commitment to each other

 

Can you do this?

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How long have you been living together in a de facto relationship? For a 457, only 6 months de facto is required rather than the 12 months needed for other visas.

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Ozmaniac is right! I missed the 457 sorry!

 

You will still need more than a registered relationship as proof you are "defacto".

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Unfortunately you will need a lot more than a certificate to show you are in a defacto relationship.

 

It is true that this waives the 12 months requirement, but you still need to provide solid proof that you have:

 

joint finances

joint social life

joint household

joint commitment to each other

 

Can you do this?

 

Ah I see! I was led to believe that it would be less difficult with the certificate! We do not currently hold a de facto relationship status as we do not live together... since we have returned to the UK neither of us have the finances to support this and therefore we are both living with our parents.

 

We have been together nearly a year. Photo to show we have travelled, a joint bank account in the UK, joint flights for trips, invitations and cards to the both of us, and friends willing to say when we got together (we lived together in a joint house).

 

My original thought was to go back to Aus with him as a student so we could fully rack up all the information we needed to support a deficit relationship. This new option was suggested to him by his immigration agent. Thats why I am full of questions all over again! This stuff is impossible to find on the internet.

 

Advice?

Thanks

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It can be used to form part of your evidence - but you need more than the certificate to demonstrate that you have been in a defacto relationship. The same would apply if you were married - you would need more than a marriage certificate to show you were in a genuine relationship.

 

A student visa from my point of view wouldn't be a good idea unless you intend on completing the course or continuing to study until your 457 defacto visa is granted. It's very complicated to stop studying once you have started.

 

Have you been to Australia before? Is there another type of visa you could apply for e.g WHV.

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I have already used up my 'easy option' visas!

 

What would be your thought if i did continue with the study? I don't see the point in starting and not finishing... especially if I am paying for it! (I am aware of all the fees and this being a more costly option! I am just finding it difficult to find a way around it!)

 

Either way do you know how long it would take the 457 to be processed?

Also from what I said before do you think having the certificate on top of the other evidence (but not actually living together) would be enough.

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When were you last in Australia?

 

No problems if you want to come to Australia and study, but a lot of people use a student visa as a visa to get into the country and then try to cancel the visa later after they have lodged an onshore application for another visa and you have been issued a bridging visa - this can cause issues as it's not easy to cancel a student visa and has repercussions.

 

I can't comment on how long the 457 visa takes to process, i'm not up to date on that. Hopefully someone else can assist :)

 

From what you have said i don't feel you would have enough evidence of a defacto relationship - even with the registered relationship.

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Ah I see! I was led to believe that it would be less difficult with the certificate! We do not currently hold a de facto relationship status as we do not live together... since we have returned to the UK neither of us have the finances to support this and therefore we are both living with our parents.

 

We have been together nearly a year. Photo to show we have travelled, a joint bank account in the UK, joint flights for trips, invitations and cards to the both of us, and friends willing to say when we got together (we lived together in a joint house).

 

My original thought was to go back to Aus with him as a student so we could fully rack up all the information we needed to support a deficit relationship. This new option was suggested to him by his immigration agent. Thats why I am full of questions all over again! This stuff is impossible to find on the internet.

 

Advice?

Thanks

How long did you live together? And how long have you had the joint account etc? If you could show that you are living apart is temporary due o circumstances and as you have lived together in the past over the last year, you may be able to prove defacto relationship, depending on length of time you previously lived together and have held the joint account etc.

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How long did you live together? And how long have you had the joint account etc? If you could show that you are living apart is temporary due o circumstances and as you have lived together in the past over the last year, you may be able to prove defacto relationship, depending on length of time you previously lived together and have held the joint account etc.

 

We lived together in a shared house for about 3 months... but have very little prof other than the people we lived with (who are Australians)

The joint account we have had for about 5 months maybe- but our finances are not exactly joint...

 

It is a really difficult situation and that is why I thought of going back to Australia as a student and then we would be able to rack up all this information needed...

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If you want to study then go down that path. It's certain'y probably the most expensive. You could go over to Australia on a tourist visa for 6 months (if you can obtain a tourist visa). But then you would be out of work for those 6 months and you would be unable to study.

 

I am not sure of your past travel history to Australia either. If you obtain a tourist visa and arrive in Australia and they feel that you are going to apply onshore for another visa (because of your past travel history) they may turn you away.

 

But your agent should be able to run through all of these options for you and give you the best course of action based on your history and your relationship evidence. If he can't - they seek the advise of another agent.

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