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Peach

WHV -> 801 Onshore Defacto

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TITLE SHOULD READ 820 Defacto - WOOPS!

 

Hi, wonder if you can offer advice / share experiences of getting from a Working Holiday to Onshore Defacto visa?

 

The situation is that the couple met online. When they decided to live together the non-Aussie partner entered Australia on a WHV and they immediately started living together. This was December 5th last year.

 

They looked at registering their relationship with the state of Victoria, but this isn't possible from a WHV. So the current plan is to submit their application for 820 Onshore Defacto in the dying days of the WHV.

 

How anal are DIAC about the twelve month rule? In that the WHV expires on a Sunday, so to submit the application they either have to do it two days before they've been living together for a year, or a day after the WHV has expired? DIAC suggested (over the telephone in their normal helpful manner) the only way around this was to apply offshore.

 

Would appreciate all thoughts and comments! :biggrin:

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Guest ernie24

My WHV runs out this Sunday and I have an appointment booked on Friday to apply for my visa (820) - I was told by DIAC that this was the best option.

 

I can let you know more on Monday!

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Bumping in case the night-shift have any thoughts to add ;)

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Sorry can't really help with this one. was in similar situation, but luckily my work have sponsored me for a 457 in the meantime, so I'll be able to wait until after the full 12 months to submit the application.

 

Had they met in person before the move for holidays etc? The only thing I can think of is do they have any documentation from prior to the actual move? e.g. any post sent to the australian address prior to the move, or adding poeple to car/health insurance, bank accounts opened, paying for holidays together etc... e.g. I was added to my partner's car insurance when I came out for a few weeks visit 8 months before I actually moved, and can also prove that for that trip my partner paid for everything, including flights to see his parents. so there was some evidence of joint stuff even before I finished my phd and could move over here.

 

On a side thought, when I left switzerland, I got a letter from the cantonal office confirming my deregistration from the country, this was dated as of my departure date, i.e. I was no longer resident there from that date. This was obviously two days before I entered australia as I was on a plane in the meantime. just wondering what one's legal address is during the flight...

 

sorry not much help, hope things work out for them.

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Guest LucL

Hey!

 

i applied something like 3 days before my WHV ran out and went ok as they said by the time the case even gets looked at you will be over a year anyway so should be ok for you.

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They have to be careful - I remember having to sign a document confirming that we've absolutely met the 12 month requirement at time of application at the Melbourne office when I lodged my visa.

 

Have they spent any time together at all prior to moving in together? Travels etc could count.

 

I think the VIC Registry of Births, Deaths and Marriages have been instructed to turn down relationship rego applications if one of the partners isn't a PR. However there have been instances of folks who've gotten their certificates on appeal. I am not sure what's required to make a successful appeal in any case - but it has been done.

 

Also, can the WHV be extended? This would give them some more time, though he'd have to spend some time working in a regional area.

 

I'd speak to a good migration agent. All the best to them.

 

On a side thought, when I left switzerland, I got a letter from the cantonal office confirming my deregistration from the country, this was dated as of my departure date, i.e. I was no longer resident there from that date. This was obviously two days before I entered australia as I was on a plane in the meantime. just wondering what one's legal address is during the flight...

 

 

Maybe "Seat 17C, Qantas flight QF10 London Heathrow-Melbourne, reg VH-OQC?" :P


Australian citizen since 26-01-2014

Sponsoring the parental units for a Contributory Parents subclass 143 visa:

Application lodged 21-09-2017 | Acknowledgement letter 28-10-2017 | 1st VAC charged 28-10-2017

 

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Guest peterpan89

It's a bit risky.

 

I came over on a WHV, and moved in straight away with my partner, and was advised by DIAC to do the three months fruit picking, to get my 2nd WHV. This gave me another year to put my application in and be secure.

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Guest ernie24

Ok, so I applied on Friday 2 days short of my visa expiring but having lived with my partner for exactly 12 months (to the day). The case office interviewed us, although she only actually asked us one question - 'so you met in the UK?' - she said we had submitted a very comprehensive application and would hear in 6-9 months.

 

Despite only living together for 12 months we have been together for 5 years so did have pleanty of evidence of our relationship.

 

They are very strict on the 12 month rule and she pointed this out at the interview and said if we hadn't been living together for exactly 12 months she wouldn't have taken our application.

 

I'm sure it depends between offices though but I would tell your friends to be careful.

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