Guest lesleyc73 Posted February 24, 2009 Share Posted February 24, 2009 I have a question for completing Form 80 as part of the lodgment of the de-facto spouse visa application. 1. Question 30 asks whether you are currently residing in Australia. If the application is offshore in London, the answer would be "outside Australia". The form then prompts you to go to Question 31. 2. Question 31 asks about the intended visit to Australia including date, purpose and length allowed to stay in the country. We are stumped by Question 31 because if we are lodging the spouse visa application offshore in London, the assumption/understanding is that if the visa is granted we would enter the country not to "visit" but to be a temporary resident. So how should we complete that question? We won't be able to enter a proposed date of arrival because that's obviously dependent on WHEN the spouse visa is granted. The tricky part as well is, my partner has been living in Australia with me on 457 visa from 2007 until Dec 2008, then still staying with me but on eVisitor till this day (Feb 2009) and he is only returning to England now to lodge the application. Any advice? Thanks. Link to comment Share on other sites More sharing options...
Guest smc01 Posted February 24, 2009 Share Posted February 24, 2009 Well we lodged ours in the UK, and for that put 'dependent on when visa is granted' which was fine. My understanding was that you both needed to be in the same country when lodging the visa? And where you are when you lodge it is where you have to be when it is approved? And also don't you have to enter Aus together with the Visa once approved? Sorry if I'm wrong and freak you out, but might be something to check! Link to comment Share on other sites More sharing options...
SOMV Posted February 24, 2009 Share Posted February 24, 2009 Hi lesleyc73, The Form 80 is generic, so don't be surprised if some of the questions do not exactly match your circumstances. Just put the date of the "visit" as "asap" or " as soon as the visa is granted'. Some people already have a flight booked, so they just put in the flight date, but it really is not that important. For a spouse or de facto visa you do NOT both need to be in the same country, although you should explain why you are actually apart. Also, you do not have to enter Australia together. That rule applies for other visas, but not this one. What puzzles me is why you are not lodging the application in Australia? Does your partner have a no further stay condition attached to his visa? Cheers, Veronika Link to comment Share on other sites More sharing options...
Guest lesleyc73 Posted February 25, 2009 Share Posted February 25, 2009 My partner is lodging offshore because he doesn't have a work visa anymore and is now on an eVisitor. If we lodge onshore, we don't know how long it will take for the visa to be granted and he won't be able to work in the meantime. It could be months. He is already very depressed not being able to work. And finances are strained. So we thought if he lodges offshore in London, he could take up some temporary or contract or freelance work for 2-3 months whilst waiting for the visa to be granted. I don't know how to explain why we are apart? He is only going back to lodge this application and to wait for the visa grant so that's the only reason why we are apart. Is that an acceptable explanation for the immigration officer you reckon? Link to comment Share on other sites More sharing options...
SOMV Posted February 25, 2009 Share Posted February 25, 2009 Hello, yes that is a legitimate explanation. You may be surprised how quickly his visa will be granted - we've had some grants recently that have taken less than a week - but that's because everything including medical and police checks were submitted at the same time. Has he got his Australian police clearance? He will need that if he has spent more than 12 months in OZ. Has he applied for his UK one? Has he done his medical checks (it will be cheaper to get those done in Australia)? Cheers, Veronika Link to comment Share on other sites More sharing options...
Guest lesleyc73 Posted February 25, 2009 Share Posted February 25, 2009 He has both the UK and Australian police certificates and meds all on hand. However he has lived in the Netherlands before and he needs to apply to the Dutch authorities for a certificate of good conduct. The trouble is, the Dutch authorities require a letter from DIAC attached to the application form in order for them to process a request for the certificate of good conduct. We have been told that the DIAC letter can only be provided when we lodge the visa application. Typically the Dutch authorities will take up to 6-8 weeks to issue the certificate after receiving the application attached with the DIAC letter. I am assuming this means after we lodge the visa application, it's at least another 6-8 weeks before we get the Dutch cert. Therefore we are not sure if the visa can be granted within a matter of weeks in view of the above situation. Link to comment Share on other sites More sharing options...
SOMV Posted February 25, 2009 Share Posted February 25, 2009 Get in touch with the DIAC now, tell them that he wants to apply for his Dutch police certificate and needs a letter, and ask if they could write a letter for him now so that he can apply for the police clearance letter ahead of him lodging the visa application. If that doesn't work then PM me and I will see what I can do to help. Link to comment Share on other sites More sharing options...
scarlet mia Posted February 25, 2009 Share Posted February 25, 2009 Hi I felt exactly the same we have just filled these forms in and hope to send next week and for the answers I put unknown. Goodluck Link to comment Share on other sites More sharing options...
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