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457 Visa Fallen through - De Facto Spouse Visa Queries


EJMac

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Hi All, this has been a really useful forum for us recently in planning our migration abroad so thanks all, I'm in a bit of a dilemma so hoping someone may be able to help with some advice..

 

I was offered a job with on a 457 Visa at the start of the year but for a few reasons had to turn it down, I advised the employer that I would be looking to move closer to the end of the year (now ish) and they said they would keep in touch.

 

True to their word, about a month ago they asked me what my situation was and I confirmed that we were ready to move out and they confirmed a current opportunity, it got to the stage of talking about time frames and we were in the process of arranging a second Skype mtg and everything has gone quiet, i.e. emails have gone unresponded etc. This may be due to a myriad of reasons but I think it is prudent to assume that perhaps the opportunity is no longer there and as such we are planning on going down the de-facto/ spouse visa route (we have lived together for 2 years so should be able to get the requisite evidence together)

 

I've read the warnings on here re: the 457 visa so this may turn out to be a better option in the long run, but if I'm honest I liked the idea of having it sorted by an employer and the thought of having to do all of the paperwork involved in getting a visa is giving me a headache! But here we are so I would really appreciate if anyone could help with the following queries -

 

- how long does the de facto visa take to process? I appreciate that this can vary massively but if anyone has any anecdotal experience I would love to hear it.

- How much should we budget to spend on it? We are keen to do it without a migration agent if possible, has anyone else gone through this process without an agent?

- Where to start? I appreciate that there are threads on this forum about this, but where can we download the application forms etc to get started!

- The main reason for us moving to Aus is due to my girlfriends mother being ill, so she is going to move out immediately and I will follow when this process is complete, can I complete the visa application for a de facto spouse if she is in Australia and I am in England or do we have to stay together?

 

Thanks in advance for any help, we thought everything was in place to be moving in a month ish so we are back to square one and in a bit of a panic!

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Hi All, this has been a really useful forum for us recently in planning our migration abroad so thanks all, I'm in a bit of a dilemma so hoping someone may be able to help with some advice..

 

I was offered a job with on a 457 Visa at the start of the year but for a few reasons had to turn it down, I advised the employer that I would be looking to move closer to the end of the year (now ish) and they said they would keep in touch.

 

True to their word, about a month ago they asked me what my situation was and I confirmed that we were ready to move out and they confirmed a current opportunity, it got to the stage of talking about time frames and we were in the process of arranging a second Skype mtg and everything has gone quiet, i.e. emails have gone unresponded etc. This may be due to a myriad of reasons but I think it is prudent to assume that perhaps the opportunity is no longer there and as such we are planning on going down the de-facto/ spouse visa route (we have lived together for 2 years so should be able to get the requisite evidence together)

 

I've read the warnings on here re: the 457 visa so this may turn out to be a better option in the long run, but if I'm honest I liked the idea of having it sorted by an employer and the thought of having to do all of the paperwork involved in getting a visa is giving me a headache! But here we are so I would really appreciate if anyone could help with the following queries -

 

- how long does the de facto visa take to process? I appreciate that this can vary massively but if anyone has any anecdotal experience I would love to hear it.

- How much should we budget to spend on it? We are keen to do it without a migration agent if possible, has anyone else gone through this process without an agent?

- Where to start? I appreciate that there are threads on this forum about this, but where can we download the application forms etc to get started!

- The main reason for us moving to Aus is due to my girlfriends mother being ill, so she is going to move out immediately and I will follow when this process is complete, can I complete the visa application for a de facto spouse if she is in Australia and I am in England or do we have to stay together?

 

Thanks in advance for any help, we thought everything was in place to be moving in a month ish so we are back to square one and in a bit of a panic!

Currently taking 12-15 months to process, though some do come through quicker. Cost is around $6,700 just for the visa, check out http://www.border.gov.au for the specific requirements.

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Thanks for this, not quite the answer we wanted but suspected that sort of time line and cost, I am reviewing all the info on the website now to see if there is a way to start the process here then complete it in Aus.

 

Thanks again for your response.

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Thanks for this, not quite the answer we wanted but suspected that sort of time line and cost, I am reviewing all the info on the website now to see if there is a way to start the process here then complete it in Aus.

 

Thanks again for your response.

 

If you apply offshore for an offshore partner visa, you should be offshore for the decision. There is no doubt the Subclass 457 has a quicker processing time.

 

Every application is different and many people are comfortable lodging themselves, others prefer to save time and hassle by working with a Registered Migration Agent. Decide what is most important for you and your partner.

 

Good luck!

 

 

 

Kylie Maxwell

MARN: 1387166

Migration Services to Australia

Intermational Organisation for Migration

http://www.iomausmigrationservices.org

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- how long does the de facto visa take to process? I appreciate that this can vary massively but if anyone has any anecdotal experience I would love to hear it.

- How much should we budget to spend on it? We are keen to do it without a migration agent if possible, has anyone else gone through this process without an agent?

- Where to start? I appreciate that there are threads on this forum about this, but where can we download the application forms etc to get started!

- The main reason for us moving to Aus is due to my girlfriends mother being ill, so she is going to move out immediately and I will follow when this process is complete, can I complete the visa application for a de facto spouse if she is in Australia and I am in England or do we have to stay together?

 

On shore is running about 12-15 months iirc. Off shore is 10-14 months though some are getting them sooner but you cannot bank on this being the same for you. As you've been together a couple of years you would probably be looking at the temp stage of the partner visa first I think, then PR following later on. The second stage PR can also take a while to process (but I guess this could change in the future but atm it can be a while) but of course you'd already be in Aus living etc.

 

$6,865 for the visa http://www.border.gov.au/Trav/Visa/Fees . Plus medical and police checks. TBH the forms are a bit long but IMHO its not difficult to fill in etc and so long as you've no medical concerns or a police record the partner visa evidence is pretty clear cut in what they require etc and what to provide. You'd have to gather all the evidence together still anyways even if using an agent. And you should of course double check everything, ensure your timelines match up etc for your statements, have the evidence they require and so on.

 

If you are in the UK and applying off shore I suggest going here http://uk.embassy.gov.au/lhlh/immi_partner.html and reading all the links and links from pages re the partner visa.

 

You will if lodging in the UK and waiting till granted need to ensure you can and do document your time apart etc (ie family illness) if she does go ahead and keep the joint bank account and things in your names etc together where possible to show you remain a de facto couple even though living apart for a number of months for the second stage PR part of the visa in a couple of years. It may be wise to consult an agent about this to ensure you are not going to run into problems later on for the PR stage. I do recall of people who applied while both still in the UK then the Aus partner headed to Aus and the partner followed a few months after that but I can't recall anyone lately doing it this way apart from a few people who've been together longer and have kids and are heading straight to PR when their visa is granted. Most seem to apply and wait as a couple for the grant or head over together and apply on shore.

 

If you apply onshore https://www.border.gov.au/Trav/Visa-1/801- you would iirc go onto a bridging visa once your tourist visa (assuming you go on tourist visa) runs out and you'd have full work rights on it while waiting for your partner visa decision. Keep in mind during the onshore wait you need to continue as de facto and gather than evidence etc for the second stage. Also securing work on a temp stage partner visa does not always prove easy for some people. Some employers don't like its a 'temp' visa even though it doesn't run out on a set date or anything and the second stage should hopefully be a formality providing you are still a couple and meet all the requirements (ie living together the entire time, bills, lease etc in your names to reflect this for the time since the temp visa was granted etc).

Edited by Guest
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Thanks for this, not quite the answer we wanted but suspected that sort of time line and cost, I am reviewing all the info on the website now to see if there is a way to start the process here then complete it in Aus.

 

Thanks again for your response.

 

You cannot start it here and complete it in Aus. Its either an on shore or off shore application. Both cost the same. I posted links to both for you in my post above and explained a bit more about on shore application and its potential pitfalls.

 

If you apply off shore but wanted to go to Aus to wait for the grant to come though you would be looking at a tourist visa and its limitations and no work rights etc or if you are young enough still and not used it yet, a WHV perhaps (and that has pitfalls also for you but may be suitable for your needs). You would then still have to depart Aus for the actual partner visa to be granted when it was ready, say in 10 months time. This would mean, after lodging off shore before leaving the UK, informing your CO you plan to travel to Aus on the WHV and that you will arrange to travel off shore for visa grant when its ready. They will need a valid email address to notify you of this iirc.

 

Or if you qualify and want to get to Aus in a hurry, go the WHV route so you can jump on a plane asap and be able to seek work etc from the off. And then apply onshore at a later date for the partner visa. Just ensure you keep all your utility bills, leases in your names etc for your evidence. Keep in mind the WHV can mean work options are limited or frustrating but its a short term thing for the long term gain IYKWIM.

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Hi All, this has been a really useful forum for us recently in planning our migration abroad so thanks all, I'm in a bit of a dilemma so hoping someone may be able to help with some advice..

 

I was offered a job with on a 457 Visa at the start of the year but for a few reasons had to turn it down, I advised the employer that I would be looking to move closer to the end of the year (now ish) and they said they would keep in touch.

 

True to their word, about a month ago they asked me what my situation was and I confirmed that we were ready to move out and they confirmed a current opportunity, it got to the stage of talking about time frames and we were in the process of arranging a second Skype mtg and everything has gone quiet, i.e. emails have gone unresponded etc. This may be due to a myriad of reasons but I think it is prudent to assume that perhaps the opportunity is no longer there and as such we are planning on going down the de-facto/ spouse visa route (we have lived together for 2 years so should be able to get the requisite evidence together)

 

I've read the warnings on here re: the 457 visa so this may turn out to be a better option in the long run, but if I'm honest I liked the idea of having it sorted by an employer and the thought of having to do all of the paperwork involved in getting a visa is giving me a headache! But here we are so I would really appreciate if anyone could help with the following queries -

 

- how long does the de facto visa take to process? I appreciate that this can vary massively but if anyone has any anecdotal experience I would love to hear it.

- How much should we budget to spend on it? We are keen to do it without a migration agent if possible, has anyone else gone through this process without an agent?

- Where to start? I appreciate that there are threads on this forum about this, but where can we download the application forms etc to get started!

- The main reason for us moving to Aus is due to my girlfriends mother being ill, so she is going to move out immediately and I will follow when this process is complete, can I complete the visa application for a de facto spouse if she is in Australia and I am in England or do we have to stay together?

 

Thanks in advance for any help, we thought everything was in place to be moving in a month ish so we are back to square one and in a bit of a panic!

 

 

The 457 would be quicker, but it t is a temporary visa and you would still need to go through another visa process in order to get a permanent visa.

 

I would also look into skilled migration and see if you ar eligible. If you are it would be quicker and probably a bit cheaper than the partner visa. It also would be permanent straight away whereas from your timings you likely to get a temporary partner visa and then go though another process in two years time in order to get permanent one.

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Thanks for this, unfortunately I'm too old for the WHV otherwise that would have been perfect. We've spent the weekend looking into it and my professions and qualifications qualify me for skilled migration so going to see what is involved in going down this route. Although the 457 is temporary and not a permanent visa, this would have suited as we aren't viewing Aus as a permanent move, it is really driven by family illness over there so we are looking at up to 4 years maybe which is why the 457 suited well.

 

Anyway thanks a lot for the above, it has been incredibly useful, now to get my head round the skilled migration process!

 

Thanks again.

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A few things that can catch you out while I remember (I am presently waiting on my sub class 100 visa).

 

1. Note down every time you are out of UK last 10 years. They request dates.

2. Put both your names on all utilities (gas, elec, water), council tax etc and print out before closing any accounts.

3. Have a joint back account asap! if you dont have already.

4. Take pics etc together

5. Keep all the above in a folder!

 

I used an agent. It pushed me along...

309/100 visa submitted: 6 Jun 2016,
Police and medicals submitted: 10 Sept 2016,
Visa granted: waiting!

 

 

 

 

 

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