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Defacto or Marriage Visa...?


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Hi! I'm new to this site and would be very grateful if someone could help me! My partner Paul is from the UK and I am Australian. We met overseas and have now lived in Perth, WA for 2yrs. He has a 4yr working visa with the company he works for, but we would like to move to SA or Qld. The problem is that Paul can not work for a different company unless he gets a different visa. We were thinking of getting a Defacto Visa which takes around 6months for the temp.visa to come through so he can work for other companies, but we heard that a marriage visa may be quicker?? Has anyone applied for either of these and if so how long do they take and do you recommend going though an immigration consultant?

 

Thanks!

Jac :v_SPIN:

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Hi Jac!

As far as I was aware the De Facto Visa and the Marriage Visa are the same, for all intents and purposes you apply for the Spouse Visa, but you are either technically classified as either a De Facto (not married but living together) or Spouse (married). So i don't think one is faster than the other. Maybe you were thinking of the Fiance Visa? I'm not sure how fast that one takes to process but I do know that you have to be married within 8 months of the visa being approved so its only suitable if you are intending on doing so.

 

I'm also not sure that it will take the 6 months you may have heard. I know they are supposed to take longer onshore than offshore, but I recall seeing some peoples timelines on here for onshore De Facto visas and some even got them approved them day they went in for the interview! Check out some of the older threads to do with de factos and spouses and this should give you a better indication of true timelines.

 

As for using an agent, by all means go ask for advice on what visa will be best for you, but I'd recommend actually submitting it yourselves. The De Facto visa and the Fiance visa are both simialr and quite straight forward to do, albeit a little lengthy in terms of what evidence is needed! I know most people on here got their Spouse Visas by applying themselves, my partner and I did it that way too so you'll be fine doing it alone. Definitely DON'T use an agent as it will just be a waste of your money!

Let me know if you have any more questions as am more than happy to help!

Good Luck! :biggrin:

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I'm a brit and bf is an australian citizen. We originally met in London. Came out to Oz on a working/holiday visa and decided to apply for the Defacto Visa last Xmas. I've now got my temporary residency. To try and be some help, we lodged all the paperwork in february (this year) and my temp visa was granted in June. We didn't use an immigration agent, just went to immigration and then came home and uploaded all the forms.

 

If you do decide to go for the visa then Paul will need to have police checks done in the UK as well as Oz. I was lucky as I went back to the UK for a visit, so had them done whilst there. Paul can either check out the website to get the appropriate form (www.acpo.police.uk) email (acro.policecertificates@acro.pnn.police.uk) or phone on:

 

00 11 44 845 601 3999

 

I have just found out the form so that I can give you this info (I kept copies of all the forms). All the information that I've just given, can be found in 'Character Requirements Penal Clearance Certificates (formerly known as form 47P) which can be downloaded form the Department of Immigration and Citizenship website.

 

Hope this helps

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cool thank you for your replies that helps out a lot! I think we will just apply for the defacto visa and put in the application forms ourselves. Thanks for your help! Much appreciated :0)

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cool thank you for your replies that helps out a lot! I think we will just apply for the defacto visa and put in the application forms ourselves. Thanks for your help! Much appreciated :0)

 

Good luck:smile:

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Forgot to say that if Paul goes on the website to locate the form, go to 'national policing' then click on 'ACPO Criminal Records Office' and then 'Police Certificates' (bottom option in left hand menu). The form will then upload in pdf format and comes with guidlines on how to fill it in.

 

Immigration are quite crafty and don't tell you about the police checks until all your paperwork has been lodged. So it may be wise to send off for them just prior to you lodging everything. Both police checks are valid for about 3 months

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