Guest jtrd Posted September 11, 2011 Share Posted September 11, 2011 I doubt you'd be eligible for the defacto unfortunately. The prospective marriage would probably be your best bet (or is it too soon?). Best of luck. Link to comment Share on other sites More sharing options...
Guest Amanda Holley Posted September 11, 2011 Share Posted September 11, 2011 I was just re-reading the immigration booklet and came to that conclusion.... we both say its forever but I dont want to force Pauls hand on this .... i prefer the romantic route! Is there any way i can be there for a year, working, living with him .... and then go for defacto? Link to comment Share on other sites More sharing options...
RockDr Posted September 12, 2011 Share Posted September 12, 2011 Go talk to a migration agent. They'll be able to advise on your chances of getting a DeFacto visa, or what other routes might be open to you for work visas. Link to comment Share on other sites More sharing options...
Lorenzos Posted November 15, 2012 Share Posted November 15, 2012 Hi bec i know your post is dated 2008 and I write in 2012. Probably things changed but PI would be grateful if you can also give us some advice. Me and my partner have a 2 years partnership and one year living together without starting any application but just cumula some evidence of relationship. Now I was stopped at immigration even it was tough the first hours they recognize we are a real couple. I have a something like 2 consecutives tourist visa with multiple 3 months visit of course. Can we get this de facto visa after prove we were together in Australia or we must be outside Australia? I heard different stories, one of them seems weird that the fact I was in tourist visa at least one year does not count ? Laurent Link to comment Share on other sites More sharing options...
Guest Amanda Holley Posted November 15, 2012 Share Posted November 15, 2012 You need proof of relationship, proof of living together for at least one year which includes sharing of bills and maybe provision in each others wills ... so consider what would happen if one of you died ... and this is the commitment they are looking for . My post wasnt 2008!! But a couple of years ago ... and we are just about to start living together for one year under a tourist visa so that we can have the proof. Proof must include some legality I think this is why i was advised that we make provision in our wills ... and sharing of bills, not just correspondence, photos etc. Good luck! Link to comment Share on other sites More sharing options...
Guest Amanda Holley Posted November 15, 2012 Share Posted November 15, 2012 O... and it also depends where you are applying for the visa! I heard Adelaide is easier .... Link to comment Share on other sites More sharing options...
Didilove Posted February 9, 2013 Share Posted February 9, 2013 Hi just wondered if anyone can give me information as to what proof is needed for when you are applying to go de facto. Me and my partner have registered our relationship and we are living together on lease. Any help would be great. Thank you Link to comment Share on other sites More sharing options...
Guest Posted February 9, 2013 Share Posted February 9, 2013 Hi just wondered if anyone can give me information as to what proof is needed for when you are applying to go de facto. Me and my partner have registered our relationship and we are living together on lease. Any help would be great. Thank you This booklet is what you need to read. http://www.immi.gov.au/allforms/booklets/1127.pdf ETA - there are loads of active threads with info on what people have included. Worth having a browse and read and you'll find heaps, some of my recent posts included. Link to comment Share on other sites More sharing options...
Didilove Posted February 10, 2013 Share Posted February 10, 2013 Thank you very much Link to comment Share on other sites More sharing options...
Lorenzos Posted February 10, 2013 Share Posted February 10, 2013 Hi just wondered if anyone can give me information as to what proof is needed for when you are applying to go de facto. Me and my partner have registered our relationship and we are living together on lease. Any help would be great. Thank you Am French and did mine de facto. Easy if you check mark on all checking list of immigration What u need is -all your bank statements (can be printed from your internet banking ) with both name on it. - if you have friends in uk who know your relationship, just ask your friend to go to ozy embassy and certify on official australian documents. - pictures with australian family - airline , bus like grey line tickets on both name with seat close number. - electricity gas etc on both name . -mobile bills both name -Facebook screen print - your wills and / or your official relationship certificat you can do it for free in Australia. http://www.pt.qld.gov.au/ All documents must be certified with official jp . Except embassy document as already official one. http://www.justice.vic.gov.au › Home › The Justice System Department of Justice, Victoria, Australia. ... Justice of the Peace (JP) volunteers are appointed by the Governor in Council ... certifying a true copy of an original document; certifying a person's identity. To locate a JP in Victoria, you can either: ... and great news guys: since 22 nov 2012. When you launch your visa defacto, you will be granted on temporary visa on bridge visa A before getting granted. when your visa tourist or business one come to expire, the bridge visa take over it and allow you work without any restriction, no restriction. !!!!!!!!!!! For example you are flying to Australia on 1st jan 2013, you you launch your visa defacto on 15 march 2013. Your tourist visa is supposed to expire on 30 march (90days) but your bridge visa will be effective on 30 march and you can work. of course if you launch your visa on feb, you only can work on 30 of march only when your tourist visa expire. (except if you are granted earlier hahaha) The cost to onshore launch is 3975$ the cost to do it offshore is I think 2900$. Not sure but not worth it as you can do it in Australia and with all documents made there like bills etc and jp certified doc for free. I am in sunshine / Brisbane if you need more infos. You can get an immigration agent to do it 1500$ or if you are in gay communauty or others you can be assist for free in some area. Link to comment Share on other sites More sharing options...
catatemyfish Posted February 10, 2013 Share Posted February 10, 2013 Is the above correct regarding the bridging visa? My partner has applied for the defacto spouse visa offshore and it is not likely that this will be granted until November. We were planning on him coming to Australia in mid August and then leave for NZ just before his visa is granted as many other people on this site have done too. From what the previous poster has said he could come out to Australia after he does his medical and police checks, spend 3 months here then apply for a bridging visa and work so we could be together much earlier and with him earning too. Link to comment Share on other sites More sharing options...
Notts Posted February 10, 2013 Share Posted February 10, 2013 Bridging visas are only applicable if you apply in Australia - you can't apply for one separately after applying offshore. Link to comment Share on other sites More sharing options...
catatemyfish Posted February 10, 2013 Share Posted February 10, 2013 Hi Notts, Thought that would be the case, was just hoping it was a way we could be together quicker. Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted February 11, 2013 Share Posted February 11, 2013 Hi Notts, Thought that would be the case, was just hoping it was a way we could be together quicker. Yup, sorry, only Onshore applicants are eligible for a Bridging Visa. Link to comment Share on other sites More sharing options...
catatemyfish Posted February 11, 2013 Share Posted February 11, 2013 What if the oh came out on a tourist visa and then applied onshore or is this frowned upon? Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted February 11, 2013 Share Posted February 11, 2013 What if the oh came out on a tourist visa and then applied onshore or is this frowned upon? You would get a bridging visa when the tourist visa runs out (or when you max out your length of stay) for example...you land on an eVisitor visa which allows you to go to Oz repeatedly over 12 months for stays of up to 3 months at a time. If you apply the day you land, then you will get a BVA after 3 months. You only get a bridging visa to allow you to remain in Oz legally. Your eVisitor is still valid for the first 3 months of your stay...it's only after 3 months you would be in breach of the tourist visa, hence the BVA. Are you meant to do this? No. Do people do it? Yes. If your intent is to come to Oz and live permanently you should ahve a visa appropriate for that purpose. a tourist visa is for tourist purposes (including visiting family and friends.) It may happen that once visiting you decide you change your mind and want to remain in Oz, ratehr than be a tourist, so you apply for the Onshore Spouse visa. How do Immigration at the border tell the difference? With great difficulty. If you have funds to leave, then you can show you intend meeting the tourist visa obligations...and as long as you don't have the 8503 No Further Stay condition, then your eVisitor does allow you legally to apply Onshore for another visa. you are much more likely to have an issue coming and going backward and forward to Oz on a tourist visa than you are entering on a tourist visa and applying Onshore. With the Onshore Spouse visa now, the applicant gets a bridging visa with no work restrictions, so you can start work before your application is approved. This only kicks in on the BVA, so not while your tourist visa is still in place. This is a recent change. This basically acknowledges so many people were doing it and then applying for work restrictions to be lifted on grounds of hardship that the overhead was more hassle than allowing everyone to work in the first place. To offset this, the application fee was increased on 1st Jan. Link to comment Share on other sites More sharing options...
catatemyfish Posted February 11, 2013 Share Posted February 11, 2013 Hi GeorgeD, Thanks for your reply. The bit I'm trying to understand is if you are in a defacto partnership already and one partner leaves for Australia, surely the other will follow so will Immigration simply not see that you came in on a tourist visa for this purpose only and really had no intention on simply staying for 3 months? Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted February 11, 2013 Share Posted February 11, 2013 Hi GeorgeD, Thanks for your reply. The bit I'm trying to understand is if you are in a defacto partnership already and one partner leaves for Australia, surely the other will follow so will Immigration simply not see that you came in on a tourist visa for this purpose only and really had no intention on simply staying for 3 months? There's nothing wrong with that scenario...one partner goes ahead to make a bridgehead and get a house/job organised/scout out the place/etc. The other person follows on a tourist visa because nothing has been agreed yet...and when you're there, you fall in love with the place, and don't want to leave, so apply Onshore. Nothing wrong with it, honestly! Your only issue is at the border. If you look like and behave like a tourist then you will have no issue. Bring a case full of shorts and T-shirts and you'll be good. If you have a case stuffed full of bills, certified documents, copies of qualifications, your tradie boots and electrical tools, etc, with 100 copies of your CV printed out on fancy paper, and then you might have a different experience. There's a bit of a chicken and egg situation...you don't want to apply for a visa until you've seen the place...so you go to Oz to see if you want to stay. At that point, you don't intend applying until convinced you're going to like it. So you go to Oz, decide after 10 minutes that you do like it and want to apply Onshore...so is it wrong to do that when the visa you have entered on lets you do that legally? As long as you can show you have funds to leave then it's not going to be a problem. I honestly can't recall anyone here ever having had a problem with it...at no point have you broken any of the requirements of the tourist visa. You are allowed to visit family and friends, and you are allowed to apply for another visa once onshore. You intend leaving...but once you are there, you change your mind, as you are legally entitled to do, and you apply onshore, all perfectly legal...just don't turn up with all your work gear in the case! Link to comment Share on other sites More sharing options...
catatemyfish Posted February 11, 2013 Share Posted February 11, 2013 I suppose I'm just being cautious as I don't want to get caught and that to hamper any application. Assuming that we did apply onshore in the statements we provide to DIAC how do you explain that we lived together in the UK, I got offered a job in Australia, quit my job in the UK, we rented out our home, I left my partner behind and we still weren't sure that we definately wanted to move to Oz and that's why he is visitng on a tourist visa to visit me? Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted February 11, 2013 Share Posted February 11, 2013 Once you're both in Australia, you don't need to worry about it. It's crossing the border that's the issue. DIAC don't care...the Immigration officer at the border was satisfied you had a valid visa for the purpose of your trip. You are legally in Australia. you are legally entitled to apply for the Spouse Visa, and they will test you against that criteria, same as anyone else. Think about it...everyone who applies onshore for a Spouse Visa is at best a Temporary Resident, but many will be tourists (including Working Holiday Visas.) By definition, they won't be Permanent Residents or Citizens if they are applying for the Spouse Visa. So at some point, their visa will end and they will return home. And then they decide to apply and want to live permanently in Oz. Very easy to explain the separation...You were offered a job, took it and went to see what it was like. The job could be in the next town over, but it happens to be in Oz. There's nothing stopping you quitting the job and going back to the UK. It's just a further distance. Just because you live apart temporarily doesn't mean you aren't still a couple. You could live in Glasgow, be offered a job in London, take it, move down there and then your partner follows. Just because you are apart physically for a short period doesn't create an issue. Your partner follows you to the new city/country to see if they like it, then decides if its a yes or a no. If it's a yes, apply for a visa to stay. If it's a no, you both move back. The only difference is you need some sort of visa to cross the border going from UK to Oz and you don't need a visa to from Glasgow to London (yet - see Scottish Independence Referendum!) The tourist visa will let you go and see the place...that's all you're doing. Honestly, I can't recall a single person who has ever had an issue applying onshore from a tourist visa. Enter as a tourist and then apply when you have unpacked your case in your new home! Link to comment Share on other sites More sharing options...
catatemyfish Posted February 12, 2013 Share Posted February 12, 2013 Bit of conflicting information. An earlier post stated than in November 2012 DIAC changed the law so that those on a Bridging Visa could now work while their visa was processed onshore. I have since been told by an immigration lawyer here Australia that DIAC have a new plan to make it difficult for onshore applicants on a bridging visa to work by not allowing them to do so until the first stage (820) is granted. Link to comment Share on other sites More sharing options...
JEM44 Posted February 12, 2013 Share Posted February 12, 2013 Hi, can I please ask a question. I am slightly confused. I understand about the post above stating it is like working in London when you used to live in Glasgow with your partner. So... If a person applied in the UK for PR and moved to Oz with kids in tow (from previous relationship), but said partner who in the UK with the family did not apply to go with them as did not want to live in Oz, then went out to visit cos, oh my word, I love em and can't live without em, decided to then apply for a defacto spouse visa in Australia, that would be allowed? woud that defacto spouse then also be entitled to Permanent Residency? Thanks if you can clarify Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted February 13, 2013 Share Posted February 13, 2013 Hi, can I please ask a question. I am slightly confused. I understand about the post above stating it is like working in London when you used to live in Glasgow with your partner. So... If a person applied in the UK for PR and moved to Oz with kids in tow (from previous relationship), but said partner who in the UK with the family did not apply to go with them as did not want to live in Oz, then went out to visit cos, oh my word, I love em and can't live without em, decided to then apply for a defacto spouse visa in Australia, that would be allowed? woud that defacto spouse then also be entitled to Permanent Residency? Thanks if you can clarify It can be done...although it's not a spouse vise...it's being added as a secondary applicant to their PR visa. Probably quicker and cheaper...if you're in that situation, you may be best to seek out profesional advice/ Or...you could be like me...my wife (then girlfriend) moved to Oz 5 years ago, I stayed in the UK. 2 years later we decided we wanted to be together, despite having spent 2 years on the oppoiste side of the world. We got married. Still lived on opposite sides of the world, then applied for the spouse visa as a married couple. Visa approved, I moved to Oz 2.5 years ago. Not saying it's easy...but it can be done! Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted February 13, 2013 Share Posted February 13, 2013 Bit of conflicting information. An earlier post stated than in November 2012 DIAC changed the law so that those on a Bridging Visa could now work while their visa was processed onshore. I have since been told by an immigration lawyer here Australia that DIAC have a new plan to make it difficult for onshore applicants on a bridging visa to work by not allowing them to do so until the first stage (820) is granted. I honestly don't know about that...check it with another agent perhaps? Ask for any official guidance they may have had from DIAC. Or are there any other agents on the forum at the moment who could post here and confirm or deny this? Clearly it has an impact on people's choice of visa and where they are in the world when they apply. Having said that...you could still apply for work rights on grounds of hardship (should you be suffering hardship)...no guarantee of success of course... Link to comment Share on other sites More sharing options...
danielleferris Posted February 13, 2013 Share Posted February 13, 2013 Hi Faye&Matt, The Department of Immigration are very specific about the conditions and purpose of a tourist visa and it is to visit Australia as a 'genuine visitor' with 'genuine intention' to visit and return home. They can prevent you from entering Australia if they believe you are entering for purposes other than as a tourist. They are quite clear about using the correct visa subclass to enter Australia, being the partner visas etc for partner situation. People have been able to enter and as long as they don't have a 'no further stay' condition lodge partner visas, this is not viewed favourably by the Department and is not using the visas for their correct purpose - but it has been done. If you want to be safe and do the right thing you know what you need to do. I have assisted many of my clients lodge a spouse visa and then seek approval to lodge a tourist visa afterwards so they can be reunited until visa is ready for decision in cases where there is a long processing time. The person who had their visa approved in a day is a rare case. If you look at my blog you will see that the Department has estimated a 13 month wait for onshore partner visas. thanks and regards, Danielle Ferris Link to comment Share on other sites More sharing options...
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