Defacto visa: apply onshore or offshore?

[cappuccino]

Hi there,

 

This forum has some really great information and advice on it so thanks to everyone for that.

I’m hoping someone will have some pearls of wisdom to share regarding our situation, please bear with me while I try to explain it!

 

I’m a Pom and I came over on a Working Holiday Visa in October 2009 to discover what life in Australia is all about and also spend more time with my Aussie boyfriend, who I met when we were both travelling in South America in June 2008.

 

We’d both like me to have to opportunity to stay after my WHV is up this October and as I am currently 31, a second WHV is not an option, so we’re hoping to apply for a defacto spouse visa. However, we’re unsure of the best time and place to lodge my visa application as we need to full 12 months of my WHV validity to satisfy the 12 month living together rule.

 

As I understand it, I could lodge an onshore defacto visa application just before my WHV expires, and I would be issued with a Bridging Visa A while it is processed.

However, the problem with this is that I would be unable to leave Australia until a decision on my application has been made and I have promised my parents and elderly grandmother I will spend Christmas 2010 with them in the UK, having missed the last 2 years. I cannot afford to wait until last minute to book flights, especially not over the festive season so it seems this is a tricky option logistically.

 

So, plan B could be for me to fly to the UK in October, and lodge an offshore application in London upon my arrival. Then my boyfriend could come and join me for Christmas, and we could fly back together early 2011, assuming my visa would’ve been granted by then.

 

So my question really is, does plan B sound like the best option to you? Or are there any other options we haven’t thought of yet?

 

Thank-you in advance for any help/advice you can give us.

 

El

[wrussell]

Look into Bridging B.

[cappuccino]

Thank-you, that looks like it could be a perfect solution!

Forgive me if this is a silly question but do you think I could safely book flights now, in the assumption that I'd be granted a bridging visa B towards the end of the year?

[Guest siany999]

did you both live together before you came over, I am also doing something similar and have been told applying on the last day of my whv is not possible as i am not eligble until the 366th day of living together, and i will be applying on the 365th day.

[cappuccino]

Hi siany999

Thanks for your reply.

No we didn't live together until I arrived here, so if what you've been told is correct, we have a problem! If you don't mind me asking, who told you that info?

I thought applying a couple of days before my WHV expires would be ok...? Certainly better than overstaying my WHV that's for sure.

So confusing to know what to do for the best!

[Guest siany999]

Of course- I had got that from a number of posts on visa forums, and from a migration agent, but i have just this minute called DIAC to here it from the horse's mouth and got told a couple of days short is fine, as long as it's not a couple of weeks short. I also got told that if you can also show that you have met prior to moving here too then that will add weight to the application.

 

hope that helps- give DIAC a call too if you want they're on 131881. i've been advised to call a few times asking the same question to verify the reponse.

 

good luck with it!

[cappuccino]

Thanks, and good luck with your application too!