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Guest wenders411

Applying for DeFacto from Tourist Visa whilst in Oz

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Guest wenders411

Hi All!

I would be interested to hear from anyone who is, or has applied for their defacto whilst on a tourist visa in Oz.

I heard from a friend who was previously in the same situation that you can get a visa with work rights before your de facto is granted. Does anyone have any experience of this? if so how long after you had applied did you have to wait to get the work visa? Ive heard it could be 3 months but was hoping it might be sooner!!

 

I am in the uk at the mo, about to go over to oz in next couple of weeks to be with my partner who returned over there for work about 4 weeks ago. Once i am back in Sydney we will apply, and then play the waiting game! If i can get this work visa, things wold be great! Its going to be a long few months with both of us living off one salary if not! ... annoying thing is i have a good job waiting for me in Sydney, i just cant get to it because of this pesky work restriction!

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If you are under 30 you can go on a WHV which will enable you to work then you can take your time and apply for a defacto visa assuming you fulfill the requirements of having been together. WHVs are almost instantaneous I think from threads on here but you do have to show a certain amount of money in the bank.

 

However, if you go on a tourist visa then immigration dont take kindly to people who arrive with no intention of being a tourist. Will you lie to them when they ask why you are visiting? Then will you be able to show evidence that you can support yourself while here and will you have a return ticket? If they think you are there with an intention to stay, they can and will put you on a flight back.

 

Why not just apply for the defacto visa and be done with it?

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I would be interested to hear from anyone who is, or has applied for their defacto whilst on a tourist visa in Oz

 

I've had clients get married while on a tourist visa and lots of de facto applications while on WHVs.

 

The real question is whether you meet all the qualifications for a de facto visa, especially the 12 month rule.

 

I've heard all sorts of optimistic interpretations from clients of what constitutes living in a de facto relationship.

 

The other difficulty is tying together and proving the two periods of the de facto relationship to qualify for a de facto visa if you need to count time both in Australia and overseas.


Les Mighalls BDS LLB(Hons) LDS FACLM, MARA Reg. No. 0639714

Migration Assistance Australia

www.migrationassistance.com.au

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Guest wenders411

Thanks for your replies!

I have unfortunately already used up my WHV in 2008. The 2nd day i was in Australia i met my partner!

We have proof of living together in Sydney from about May 2008 - Dec 2009.

After my WHV exxpired, i returned to Oz on a student Visa so that i could stay with my partner and also work the 20 hours a week allowed on a student visa.

 

After my Student visa expired and i had to leave the country my partner also left the country with me and took up a job offer in Hong Kong, so we have proof we were both living together in HK from January 2009 - June 2009.

 

In June we both travelled to the UK, and to America for a vacation to stay with my relatives.

My partner has just returned to Sydney 4 weeks ago to start his new job and find a place to rent before i go over so we can apply for the de facto.

 

Obviously the reason for wanting to apply from Australia is so that i dont have to spend months and months away from him on the other side of the world. And also then we woud most deffinately not be in the same country as he has to be in Australia, so would not fit the Defacto rule of living together!

 

I have a friend in Perth who had recently gone through the same proceedure, applying for a defacto from a tourist visa. She applied in October and got the de facto only a couple of weeks ago! But in January she found out about this work rights visa and applied for that, so has been able to work since January...... That would be what i was hoping for!

 

I had not really considered immigration giving me a hard time at the airport though, they have never asked me too many questions before. Has anyone had experience of this?

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Guest Thamby
Thanks for your replies!

I have unfortunately already used up my WHV in 2008. The 2nd day i was in Australia i met my partner!

We have proof of living together in Sydney from about May 2008 - Dec 2009.

After my WHV exxpired, i returned to Oz on a student Visa so that i could stay with my partner and also work the 20 hours a week allowed on a student visa.

 

After my Student visa expired and i had to leave the country my partner also left the country with me and took up a job offer in Hong Kong, so we have proof we were both living together in HK from January 2009 - June 2009.

 

In June we both travelled to the UK, and to America for a vacation to stay with my relatives.

My partner has just returned to Sydney 4 weeks ago to start his new job and find a place to rent before i go over so we can apply for the de facto.

 

Obviously the reason for wanting to apply from Australia is so that i dont have to spend months and months away from him on the other side of the world. And also then we woud most deffinately not be in the same country as he has to be in Australia, so would not fit the Defacto rule of living together!

 

I have a friend in Perth who had recently gone through the same proceedure, applying for a defacto from a tourist visa. She applied in October and got the de facto only a couple of weeks ago! But in January she found out about this work rights visa and applied for that, so has been able to work since January...... That would be what i was hoping for!

 

I had not really considered immigration giving me a hard time at the airport though, they have never asked me too many questions before. Has anyone had experience of this?

 

 

Hi

 

I too am wondering about the airport, we are going to Perth in 2 weeks and i will be going back on a tourist visa.

 

I applied for a partner visa 3 weeks ago in London

 

I have enough funds for my stay but no outgoing flight untill i know when the visa will be granted.

 

Then we will go to bali and Singapore to pick up the visa.

 

I am wondering whether i will get grilled at the airpor, think we could be in the same boat there! ?? :policeman:

 

 

Do you have any more info on the workers rights visa wenders? as that would be super handy!!

 

:arghh:

 

Thamby

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Guest wenders411

Hi there!

All i know is that after 3 months of waiting for te defacto my friend wrote a letter basically pleading with immigration, saying they were hardly able to survive on one income etc, and then she was granted a visa that allowed her to work in oz whilst waiting for he defacto to be approved. But she said she only found she could apply for this at the 3 month stage in her application, she wasnt sure if it was something she could have done sooner.

...im really hoping this is something i will qualify for!!

As for the airport, i have never been asked any questions before. But knowing my luck, this will be the time! I have friends living in New Zealand, so maybe ill pre book a flight out to see them, and hope that is sufficient as proof ill be leaving the country. - I did the same last time i returned on a tourist visa, but nobody asked about the flight out the country, or any funds!

 

Good luck, and keep me posted how you go!! x

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Guest Thamby

yeah cool!

 

Sounds like it might be worth booking a cheepo flight to keep people happy on arrival I'll have a think about it.

 

:idea:

 

good luck yourself!

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Hi

 

I too am wondering about the airport, we are going to Perth in 2 weeks and i will be going back on a tourist visa.

 

I applied for a partner visa 3 weeks ago in London

 

I have enough funds for my stay but no outgoing flight untill i know when the visa will be granted.

 

Then we will go to bali and Singapore to pick up the visa.

 

I am wondering whether i will get grilled at the airpor, think we could be in the same boat there! ?? :policeman:

 

 

Do you have any more info on the workers rights visa wenders? as that would be super handy!!

 

:arghh:

 

Thamby

 

Re: the airport,

 

visiting family/friends/partner is a perfectly legitimate tourist occupation, you are visiting your partner and doing some sightseeing while you wait for your offshore visa to be processed, that's not a problem. Generally to get into the country on a tourist visa, you need to have either an onward flight, or proof that you have the funds to buy one. Get quotes of short notice flights to Bali/Singapore to show you've done your homework, and a recent bank statement to show you can afford one. They know you have to leave the country to get your offshore visa granted, so it's not like you're going to try to stay indefinitely.

 

If you have applied for an offshore visa, then you won't be able to get work rights, as you don't have a bridging visa. If however you qualify for any type of temporary work visa, (e.g. working holiday visa, employer sponsored 457 visa etc) then you can apply for this and come out on that visa rather than a tourist visa while you wait for the partner visa, in this case you would be able to work, according to the terms of your temporary visa.

 

 

 

 

 

Wender411: what you are trying to do is a bit more risky, airport immigration can most definitely grill you about what you are doing in the country, and if they think you have the intention of staying longer, they can put you on the next plane home. Most times I have come into the country on an ETA, I got the third degree, and I'm a run of the mill British white girl, so they don't just pick on people from the so called high-risk countries. Remember that when you're tired and jetlagged, trying to pull the wool over their eyes is virtually impossible, they know what to look for. Why not just apply for an offshore visa, and come visit on a tourist visa once you've lodged your application?

 

Incidentally, getting work rights on your bridging visa is very difficult, as you have to prove genuine financial hardship, and unless your partner is on minimum wage, then you should be able to support yourselves on that one wage if there are no children involved, so you probably shouldn't count on getting work rights.

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Guest Thamby

Thanks rockDR some really good tips there much appreciated!

 

 

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Guest wenders411

Thanks RockDr, There is a child involved in my situation. My partner has a child in Oz, which is whole reason we are there. If there was no child involved i dont think either of us would even be in Oz! So this is why i am hoping my situation will be acceptable for the work visa, especially as i know someone who got that and there was no child involved in their relationship.

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Hi Wenders,

With a child involved there's all the more reason to lodge your application from the UK rather than risk being turned away at the airport. If you are caught you really can stuff up your chances so it's not always just going to be a case of being sent back on the next plane.

 

If you meet the criteria for the de facto visa now, I would lodge your application with Australia House in London a.s.a.p. although the processing time has been increased you may still request a tourist visa that will allow you to travel here to be with your partner whilst you await the outcome.

 

If you don't meet the criteria yet or have any questions at all, please don't hesitate to talk to an expert RMA (Registered Migration Agent).

 

Best of luck. :smile:


“The nitrogen in our DNA, the calcium in our teeth, the iron in our blood, the carbon in our apple pies were made in the interiors of collapsing stars. We are made of star stuff.”

― Carl Sagan, Cosmos

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Guest GeorgeD

It's all ifs, buts and maybes...if I were you I would play it safe and apply offshore then not count on any sort of extended or working visa being issued until the defacto comes through.

 

Here's a hypothetical scenario:

 

You enter the country on a tourist visa. Immigration at the airport do indeed decide to question you about your motives, plans and means of support. Who knows why, random pick, or maybe your movements backwards and forwards on working holidays previously makes them just that little bit more interested in you. You tell them you will be leaving the country on date x and show them you have enough money to support yourself until that time. OR you don't have enough money but you have a partner who is going to support you during your trip, and your partner confirms this.

 

OK, fast forward now and you are applying for an emergency work visa...why do you need one? You've already shown Immigration your funds or your partner has given his assurance of support (which he'll need to do again for your defacto visa application), so how come neither of you can support yourselves now? I would worry about this on two counts: Firstly, it contradicts what you have previously told Immigration, and secondly you are explicitly claiming your partner can't support you, and he is required to provide an assurance of support declaration as part of the defacto visa application.

 

Having said all of this...you might not get stopped at the airport and everything might go perfectly fine, but when it comes to something as important as a visa, I wouldn't advise you to take any risks at all. Apply offshore and wait it out. Yes it is hard, but the rewards will be there at the end and you can breath easy. You will be able to visit on a tourist visa, but just not work or stay permanently. And the single most important piece of advice would be be to make sure you don't break any terms of your tourist visa or you will be banned from the country for several years which will no doubt be a major problem!

 

Please don't take any chances on what has happened to friends or acquaintances in the past...or even forum posters for that matter! If you are planning something "creative" or you have a complicated situation you would be best to seek out professional advice from a registered agent who is up to date with the current legislation and implementation of that legislation by DIAC.

 

RE: the airport...when visiting on a tourist visa, there is always real possibility you will be asked about your plans and means of support. This is irrespective of whether you have an ongoing visa application or not. It can happen to anyone anywhere. I have applied offshore for a spouse visa and visited my wife in Brisbane for 10 weeks while it is in process. I was asked why I was entering Australia...to visit family...and how long would I be staying...10 weeks. They stamped my passport and let me wander straight out the airport. You won't be "grilled" because you have an outstanding visa application...they had probably decided while you were further back in the queue that you were getting grilled!

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Guest wenders411

Thanks GeorgeD for your advice. It is something i do really need to think about with regards to qualifying for the work visa. That would be a bonus if i could get that, but would not be the end of the world if not as my partner will be able to support me financially. Obviously i would just prefer to have the ability to earn my own money as soon as possible.

 

As for going in on a tourist visa, i am going to go over to visit friends there anyway, so there is no reason why i should i not be entitled to go in on a tourist visa. When i had discussed this with Immigration they had said, everyone can travel to Australia if they wish however many times they want, but if immigration suspect anything they can stamp your passport with something that prevents you from applying from any other visa from the tourist visa. That is the big risk there!

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Guest GeorgeD

Have you checked with the relevant offices what the lead times are for onshore and offshore applications? Offshore will be processed by Australia House in London, onshore will be processed in Oz somewhere.

 

Don't always assume it will be quicker onshore as they probably deal with a much larger and varied number of applications. Despite some moans and groans about the length of time it takes AH in London to process Family Visas, it is actually one of the quickest turnarounds in the world when compared with other Australian Embassies, and it's probably policy rather than lack of resources which means it takes that time.

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Guest Thamby
It's all ifs, buts and maybes...if I were you I would play it safe and apply offshore then not count on any sort of extended or working visa being issued until the defacto comes through.

 

Here's a hypothetical scenario:

 

You enter the country on a tourist visa. Immigration at the airport do indeed decide to question you about your motives, plans and means of support. Who knows why, random pick, or maybe your movements backwards and forwards on working holidays previously makes them just that little bit more interested in you. You tell them you will be leaving the country on date x and show them you have enough money to support yourself until that time. OR you don't have enough money but you have a partner who is going to support you during your trip, and your partner confirms this.

 

OK, fast forward now and you are applying for an emergency work visa...why do you need one? You've already shown Immigration your funds or your partner has given his assurance of support (which he'll need to do again for your defacto visa application), so how come neither of you can support yourselves now? I would worry about this on two counts: Firstly, it contradicts what you have previously told Immigration, and secondly you are explicitly claiming your partner can't support you, and he is required to provide an assurance of support declaration as part of the defacto visa application.

 

Having said all of this...you might not get stopped at the airport and everything might go perfectly fine, but when it comes to something as important as a visa, I wouldn't advise you to take any risks at all. Apply offshore and wait it out. Yes it is hard, but the rewards will be there at the end and you can breath easy. You will be able to visit on a tourist visa, but just not work or stay permanently. And the single most important piece of advice would be be to make sure you don't break any terms of your tourist visa or you will be banned from the country for several years which will no doubt be a major problem!

 

Please don't take any chances on what has happened to friends or acquaintances in the past...or even forum posters for that matter! If you are planning something "creative" or you have a complicated situation you would be best to seek out professional advice from a registered agent who is up to date with the current legislation and implementation of that legislation by DIAC.

 

RE: the airport...when visiting on a tourist visa, there is always real possibility you will be asked about your plans and means of support. This is irrespective of whether you have an ongoing visa application or not. It can happen to anyone anywhere. I have applied offshore for a spouse visa and visited my wife in Brisbane for 10 weeks while it is in process. I was asked why I was entering Australia...to visit family...and how long would I be staying...10 weeks. They stamped my passport and let me wander straight out the airport. You won't be "grilled" because you have an outstanding visa application...they had probably decided while you were further back in the queue that you were getting grilled!

 

 

Good anticipation GeorgeD

 

it's always good to have an idea of situations that 'could' happen and be prepared

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It is something i do really need to think about with regards to qualifying for the work visa. That would be a bonus if i could get that, but would not be the end of the world if not as my partner will be able to support me financially. Obviously i would just prefer to have the ability to earn my own money as soon as possible.

 

 

GeorgeD makes a valid point, if your partner is the one providing the assurance of Support, and you say he would be able to support you financially, then you are very unlikely to get work rights on your visa, as these are usually only for cases of genuine financial hardship. You might want to talk to a registered migration agent about this, they would know more than us randoms on a website.

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Guest wenders411

Just to update, i did come to Oz, applied once i arrived, and 2 weeks later i had my visa! So all went perfectly! Thanks for your advice though! I took the risk and it paid off! :)

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Just to update, i did come to Oz, applied once i arrived, and 2 weeks later i had my visa! So all went perfectly! Thanks for your advice though! I took the risk and it paid off! :)

 

That is excellent news, I'm glad the gamble paid off. I hope you understand why we'll continue to direct people towards towards the official processes (i.e. those that don't put the poster at risk of being barred entry or excluded from Australia).

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Hi wenders411 I'm new to the site going through what u just have and I wanted to no would u help me out with it if u can would like to no more about what u did when u got there in regards to getting ur visa I will fill u in if u get back to me ;0)

Kind Regards Tyler

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Guest mic

Hey everyone

Have followed this thread with some interest too!

@wenders: Did you have any difficulties at all applying onshore whilst being on a tourist visa?

I'm since 4 months on a tourist visa in the country planning to apply onshore in the next few weeks.

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Hi Wenders, Glad I found this thread! Happy to know it all went well for you as I am doing the same thing. I had to extend my tourist visa and explained my intentions to apply for a partner visa while I'm here and they had no problems extending it on the proviso that I didn't work. I did also include a bank statement to show that I can support myself while I'm here. I'm planning on having my onshore application in by the end of next month so it was interesting to find someone in the same situation.

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Guest mic

looks like we're all waiting for wenders to respond :)

 

....

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Guest wenders411

 

Hi guys!

Glad this thread has been of some use to you! To answer your question, i didnt have any trouble at all, there was no questioning from the immigration office as to why i was applying from a tourist visa, or why i was here on a tourist visa. They do not seem to be bothered in questioning your application when you hand it in.

I do think i was very lucky with the speed that mine was dealt with. I was speaking to another couple at the weekend and their application had taken a few months and they had an unexpected visit from immigration to their house looking in their wardrobes etc!

The only risk that i had been told i was taking was the risk at the airport of having my passport stamped with something that prevents me from applying from any other visa from my tourist visa, if they became suspicious of my actions.

Hope you guys all get your visas quickly, let me know if you need any more info!

W X

 

 

 

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Guest

Hi Wenders

 

My partner and I are also applying for a defacto onshore in a couple of months time. He's travelling there on a tourist visa, and we've contacted an Agent who's happy to deal with it.

 

The only advice he's given us, is don't go through customs carrying all you documents! not if you're on a tourist visa..birth certs..or any documentation for a visa support.

 

We've packed all our's together (partners..I'm an Aus citizen) and left them with a (trusted) friend who'll post them on to us when needed. Idea being you (we) decided whist on holiday to stay! Two years ago my partner travelled to Australia on a one way ticket, as we we're planning a further trip before returning to the UK... He got stopped at border and quizzed..It seems it was flagged up the moment you get on the plane to Australia!

 

He explained it, and it was fine. They didn't ask for any proof. And certainly didn't stamp his passport with an NFS (no further stay) which prevents you applying for any other visa onshore.

 

Good luck:em3600:

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Guest mic

Thanks for the replies guys!

 

I arrived with a one way ticket on a tourist visa too and didn't get questioned at all...

 

But I agree with lot's of people here in the forum that this is certainly not the appropriate way to apply for a defacto visa...

 

@ wanders:First of all congrats!!!!!!!

You really were lucky!I'm amazed at how quickly you'rs got processed!As far as I know after the changes in July 2010 it takes several months now at least!

Can I ask you what your circumstances were?Are you married?Do you have kids together?Have you guys been in a relationship for longer than 5 years? Is your relationship registered?These are as far as I know reason which can speed the process up a bit.

At which office did you lodge it?Did you have an interview?

 

Sorry about all those questions.I'm just very curious as you are the only example I found who lodged there's recently and got it so fast!

 

Answer is again much appreciated!!!

 

cheers

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