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Guest tri16

complicated visa questions

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Guest tri16

hi guys,

 

without going into a bg long winded story, wonder if anyone can answer some questions please.

1, Defacto visa - lived together only 11 months not 12, and visa runs out before 12 months, I have been on a tourist visa, can I leave oz for a few days and come back for another 3 months then apply for defacto?

2. Have daughter from a previous marriage, her father sponsors her (parent visa)(although I have had custody in the UK, we now share custody so that she can spend time with his new family, hence main reason we cam back to oz), will I include her in my application for defacto?

 

Any help hugely appreciated:cute:

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Guest tri16

thanks for your reply, what other information do u need to know?

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Guest wanderer

Hi tri16,

1. People have been known to get extra time together for a defacto relationship by exiting and returning on another visa but you'd probably be better to get an ETA rather than a tourist visa to avoid getting a "no further stay" condition attached for that would prevent you from getting another visa.

 

Going over to NZ you'll need to allow yourself long enough on your current tourist visa to have a flight booked back or otherwise book a refundable ticket NZ to Fiji as carriers will not take you unless you have an onward flight booked to a country for which you have an entry right.

 

If however your relationship is in Victoria, Tassie or ACT you may be able to register your relationship and so avoid the need for the 12 months together.

 

2. This one throws me a bit for is the father of your daughter already in Australia and sponsoring her on a visa? and I'm lost on your comment re he being on a parents visa!.

But if your daughter does not have a visa and you just mean your ex pays support for her, then by all means include on your defacto visa.

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Guest tri16

Hi

 

Many thanks, I willl look into getting an ETA visa.

 

My ex has made an application for a parent visa, so at the moment my daughter is on a bridging visa until a desision is made. So she can stay at the moment but I need to find a way.

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Hi Tri,

 

Is your ex over 65 or do you mean he has applied for a child visa? If a child visa application in place no need to include her in your application, assuming that the child visa application is validly made and likely to be granted. If you can't be absolutely sure about that then I would suggest including her in your partner application as insurance.

 

As far as the 12 months is concerned I'm intrigued that Wanderer has so much information about the mechanics but there can be significant risks in applying for an ETA after an earlier period of stay, and particularly if your intention is to lodge a partner visa then this is something you might have trouble with when filling out an arrival card or in an arrival interview if they took you out of the line. There might be safer options.

 

Cheers,

 

George Lombard


George Lombard LLB(Hons) Fellow of the Migration Institute of Australia

MARN 9601056 george[at]austimmigration[dot]com[dot]au

www.austimmigration.com.au

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Guest tri16

Hi George,

 

Ex is under 65 and has applied for a child visa (parent sponsor) for my daughter, just found out this wont be granted until mid next year, but a bridging visa is in place for daughter, so she is fine.

Can u recomend any "safer options", im going in circles here, everyone I speak to gives me different advice, even Immigration, I have been to see them 4 times so far.

 

Thanks

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Guest wanderer

So your ex is in Australia, has PR/citizenship and is sponsoring the daughter on a child visa, OK, that's clear enough.

 

Re conflicting advice from DIAC, that's quite possible as George can no doubt confirm and re the risks in applying for an ETA after an extended holiday, yes there is a possibility you could be refused entry as DIAC can have this approach re using a visa for what it's intended to be used for and so the first intent is simply to have more time to see Australia and that can go on the arrival card.

 

That while here, you do decide that you would like to continue with a longer relationship with your new partner is a secondary matter which develops with your second stay.

 

Safer options could involve things like your partner travelling out of Australia with you to get the 12 months up and then applying abroad, putting in for a proposed marriage visa whilst abroad and both would mean staying abroad a somewhat longer period whilst processing occurred.

Then of course there would be getting married now whilst still on the tourist visa though if it has a "no further stay" condition that means other issues.

 

There's always a risk to telling fibs but it can come down in your own mind how well the mind is prepared for it not to be a fib!

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Guest tri16

hmmm. lots to think about!

 

I spoke to immigration today, they sugested I go ahead and put the defacto visa in (telling the truth), and see how it goes!

 

Ill let you know how I go.

 

Thanks for all your replies!!

 

Trish

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Guest wanderer

Tri,

hmmm. lots to think about!

 

I spoke to immigration today, they sugested I go ahead and put the defacto visa in (telling the truth), and see how it goes!

 

George amongst other IAs is more than happy to alert me to the pitfalls of relying on what a DIAC person may tell you.

In this case I'd very much agree on that.

 

It's your money remember, not anyones at DIAC and one thing you need to realise is that DIAC regulations are based on legislation that officers there cannot deviate from, though there are interpretations possible.

 

I doubt that your situation falls into one for an interpretation variance and have you read anything on the DIAC site.

Australian Immigration Fact Sheet 35. One-Year Relationship Requirement is a good page to start on.

And there, the very first Commonly Asked Question Example is

I have been in a de facto relationship for 11 months. Do I still have to wait for another month before I can apply?

Although you may apply now, your application may not be approved, unless you are eligible for the requirement to be waived. You may choose to defer making an application until you and your partner can meet the one-year relationship requirement.

 

 

Reading between the lines

You may choose to defer

jumps out at me.

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Guest tri16

yeh i agree with you, but they said that i need to put a case for compeling reasons...........but hey as you say, not there money!!!

 

Dont really have any other choice though.............

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Guest wanderer
Dont really have any other choice though.............

Oh really!, I thought we discussed some above.

Of you've got $2525 to blow though, go for it.

Your visa finishing when you've been together just 11 months is not so compelling when there are alternatives.

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Guest tri16

Hi wanderer,

 

thanks again for advice.

 

so do you think I should just go to NZ? (how long will I have to go for), just apprehensive in case they dont let me back in! Or put an no further stay on visa!

 

The money I have for visa then will be taken up in flights to NZ.

 

cheers.

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TRI,

 

Talk to an agent. Do not lodge your application with DIAC in hope. If in Melbourne, try Home and in Sydney, Immigration Advice and Rights Centre can help. These are publicly funded free migration advice centres for the destitute and deserving, and their advice is reliable.

 

Cheers,

 

George Lombard


George Lombard LLB(Hons) Fellow of the Migration Institute of Australia

MARN 9601056 george[at]austimmigration[dot]com[dot]au

www.austimmigration.com.au

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Guest tri16

Hi George,

 

Am in Sydney, have tried to get through to them numerous times on phone. No joy! can only call on Tue-Thu 2-4, then continually engaged.

 

Trish

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Guest tri16

and no appointments until Feb!!

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