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Sponsorship/Holiday/De Facto Visa Questions


TeaPig

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Hi all,

I posted a while back on this forum and you lovely people were quick to get back to me and help me out, thank you! 

I am 33, from the UK and in a relationship with an Australian citizen and plan to move to Sydney Feb 2018.

This year I have been talking with Australian companies with the intention of getting a sponsored visa 186/187 to work in Australia. With the abolishment of the 457 and new visa implementation I have been told that many companies are not keen to take this route.

I have been in a de facto relationship with an Australian Citizen for 1.5 years so our last resort will be to apply for the partner visa. I will go to Australia in Feb on a 3 month holiday visa and thus onto a bridging visa once the partner visa has been submitted.

The industry I work in (engineering) is booming right now so I am still hopeful to acquire sponsorship if possible and am in the process of applying for jobs and sending off CVs/Cover letters from now until my holiday visa runs out which will be in May 2018.

These are some questions that I cannot seem to find definite answers for, hopefully some of you can help me out!  

  • I have a one way flight booked in Feb and will be travelling in on a 3 month holiday visa. I have been told that having a one way flight might be reason for them not to let me in the country as they could be concerned I will try and stay? Also have read that if I am entering the country on a holiday visa that I should mention nothing of myself trying to find work or living with my partner. Keep everything to the fact I am coming for a holiday, get into the country and do what I need to after that. What are your thoughts?
  • If from now until the 3 month holiday visa runs out (May 2018) I am offered a job that comes with nomination/sponsorship, can that visa be submitted whilst I am already in the country on a holiday visa? Would they need to wait until it has expired to apply for a sponsored visa? could I leave the country and re enter once it is submitted to go onto a bridging visa?

Any other comments or questions you have for me, please fire away! If anything here does not sound like an efficient way of getting to work and live in Oz please also let me know your thoughts :D

Thanks in advanced for you help, I wish you all a Merry Christmas and a Happy New Year

Edited by TeaPig
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If you are coming on a tourist visa and immigration believe that you are not a genuine tourist then yes they can question you and not decide that you are trying to enter the country fraudulently and refuse you entry.

I can't offer you any advice regarding sponsorship.

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Visitors to Australia are expected to leave.  If you arrive on a visitor visa with the intention to stay, you are not a genuine visitor and therefore don’t meet the conditions of the visa which could be reason enough for it to be cancelled and have you put on the next plane home. A visitor to Australia can change their mind once in the country and decide to submit an application for a more substantive visa that could allow them to stay.

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5 minutes ago, Peach said:

Visitors to Australia are expected to leave.  If you arrive on a visitor visa with the intention to stay, you are not a genuine visitor and therefore don’t meet the conditions of the visa which could be reason enough for it to be cancelled and have you put on the next plane home. A visitor to Australia can change their mind once in the country and decide to submit an application for a more substantive visa that could allow them to stay.

 Hi Peach and Ali thanks for the reply.

Do you think that having a one way ticket is reason to believe I will try and stay? I could be unsure of my departure date back to the uk or be travelling to another country etc 

Might be best to just have a return flight anyway and I can always go home if I need to.

 

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4 minutes ago, TeaPig said:

 Hi Peach and Ali thanks for the reply.

Do you think that having a one way ticket is reason to believe I will try and stay? 

No not by itself.  But the only correct answers to “what is the purpose of your trip to Australia?” include an intent to leave.  That can be implausible to believe if you happen to have packed clothes for a wedding, work references and the evidence required to submit an onshore work visa application.  Just need to be aware and careful is all.

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If you don't have a return ticket then having proof of funds in a bank account that will cover the cost of your stay and a flight out of the country might be a good idea. 

And what Peach said, ' A visitor to Australia can change their mind once in the country and decide to submit an application for a more substantive visa that could allow them to stay.' 

I can't help re sponsorship I'm afraid. 

FWIW I'd check out and compare prices of one way and return flights. It could be you could find a good deal for a return anyways and it won't break the bank. 

 

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If you travel here on a one way ticket you will arouse suspicion.

Also, these days it is unusual for anybody to travel with hard copies of work references etc - everything tends to be digital. Be very careful what you post on social media (fb etc), on any usb sticks you might bring and what you have on your phone. These may well be checked.

People do travel here on a tourist visa and then apply for defacta - but it is a risk and I can't advise you on that.


Defacto does not mean boyfriend/girlfriend either, it means living as man and wife (or same sex) but without the ceremony. Are you sure that you fulfill that criteria? Make sure you have lots of evidence such as joint rental agreements, joint bank statements etc.

Edited by Sammy1
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If you are an engineer you may have been better looking at a skilled visa such as a 189 which would have been half the cost of a partner visa and potentially a lot quicker, but it wouldn't process by the time you want to travel. 

One thing to consider is that should you raise suspicions with immigration entering on a tourist visa and are refused entry, you could also receive a three year ban from applying for another visa. 

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