james81 Posted March 12, 2012 Share Posted March 12, 2012 I have been in Australia just over 5 years now, I am from the Uk, firstly on a working holiday visa and then on a 457 working visa. My current 457 runs out in September of this year. I have been seeing my Fiance now for approx 3 years and we have been in a defacto relationship for 23 months. We just had our first child together recently. I feel as if the spousal route will be the easiest way for me to remain in Australia and support my Fiance and new child. Am I right in thinking that if we have been together for 2 years in a defacto relationship and we have a child together I will go straight onto a Permanent resident visa? We have started with the research and application forms but I'm just wondering if it worth hanging on for a few more weeks before submission? Also if people have any pointers or tips to help us with our application that would be greatly appreciated. Thankyou. Link to comment Share on other sites More sharing options...
james81 Posted March 13, 2012 Author Share Posted March 13, 2012 I am male if thats relevant? Link to comment Share on other sites More sharing options...
RockDr Posted March 13, 2012 Share Posted March 13, 2012 Pretty sure the guidelines are 2yrs if there's a child to go straight onto the PR visa. You do need to provide solid evidence for that whole period though, otherwise they might just grant a temporary one. That said, even on the temp visa, you get same medicare cover as PR, just have to renew your card each year rather than every however many years the green cards are valid for. You're not tied to your job. The main issue is that you'll have to wait an extra year or so before you can apply for citizenship. I'm on the temp at the moment, and personally haven't come up against anything that I have to wait for PR for. Link to comment Share on other sites More sharing options...
robfromdublin Posted March 13, 2012 Share Posted March 13, 2012 I would wait another month. It can't hurt and you'll probably take that long getting all your documentation together anyway. The only problem would be if you have already done your police checks & medicals. Partner visas take so long to process that it's possible yours will pass their 12 month expiry date before your application gets looked at Link to comment Share on other sites More sharing options...
james81 Posted March 13, 2012 Author Share Posted March 13, 2012 I think i'll hang around and put it in after the 2 years is up, I havent had any police checks done as yet, will I still need need to do them? It seems silly when ive been here 5 years plus already. With regards to the medical I had one when I applied for my 2nd year working holiday visa. Will I be required to do another medical also? I can see it been one long winded event this one! Link to comment Share on other sites More sharing options...
RockDr Posted March 13, 2012 Share Posted March 13, 2012 Yes you will need another medical, and police checks for any country you've lived in for more than 12months in the last 10yrs. I would hold off getting those for a few months, since processing times are up to and around the one year mark, and DIAC like them to be less than 12 months old when they grant the visa. If you're wanting to speed the grant process up, maybe get them done in 6months or so and send them in so there's no further delays once they're ready to grant. Link to comment Share on other sites More sharing options...
james81 Posted March 14, 2012 Author Share Posted March 14, 2012 Ok, i'll hang fire on those then until they are requested. Am I right to assume that you put in your application and you are assigned an officer who will ask your for information as the application progresses? So its ok to submit the application and wait for instruction for extra/missing documentation? Sorry if I sound like a complete beginner but Im just looking for the smoothest way to get this done. Link to comment Share on other sites More sharing options...
RockDr Posted March 14, 2012 Share Posted March 14, 2012 Yes, you submit everything, and then will eventually (9months later in my case) be allocated a case officer who will review your file and let you know if anything is missing/to get on and do your medicals/police checks. They usually allow 28days for this new evidence to be handed in, but you can get extensions if you can prove you've got the ball rolling. At any stage after submitting your application, you can send it extra information (in my case I sent in a police check for NZ that took so long to come through I gave up waiting for it before submission, and my marriage certificate, as we got married during the processing time). This will just be added to your file. Good luck! Link to comment Share on other sites More sharing options...
james81 Posted March 18, 2012 Author Share Posted March 18, 2012 it does sound like its going to be quite a long winded drawn out process, I guess its just the way it is though. I assume i'll go onto a bridging visa while my application is looked at? with me being on a 457 will I still have to stay will the same employer whilst on the bridging visa? Link to comment Share on other sites More sharing options...
RockDr Posted March 19, 2012 Share Posted March 19, 2012 If you're on a 457, you'll stay on the 457. The bridging visa issued with the application is effectively on stand-by, and will only kick in if your 457 expires or is rendered invalid (e.g. your employment terminates). Do bear in mind that if you leave the country on your 457 visa and come back in, you'll need to go to DIAC and get the bridging visa re-instated before you need to use it, as leaving the country invalidates the BVA. Link to comment Share on other sites More sharing options...
james81 Posted March 19, 2012 Author Share Posted March 19, 2012 My 457 ends in September so it'll change then I guess. Am i able to work on a bridging visa? If Im still at the same place will I need to do anything when the 457 ends? Link to comment Share on other sites More sharing options...
RockDr Posted March 19, 2012 Share Posted March 19, 2012 The bridging visa will have the same work conditions as your 457. Can't remember the exact wording, but something along the lines of "cannot change employment without DIAC consent". I read that as saying you can carry on where you are without doing anything, but if you want to change jobs you'll have to let DIAC know, and it would probably have to be work in a similar field. Link to comment Share on other sites More sharing options...
Quinkla Posted March 20, 2012 Share Posted March 20, 2012 I'm on the temp at the moment, and personally haven't come up against anything that I have to wait for PR for. I am also on the temp and have found it to be very restricting. I am doing further study in my spare time - and have had to be registered as an overseas student. I have difficulty getting credit. I have to pay extra to get family travel insurance. I was unable to get a mortgage in my own right - meaning I was not eligible for a first home buyers grant. It affects the family tax benefits for my Australian stepchildren. It also means that, for two years (plus 6 months on a fiance visa), I have the sword of Damocles hanging over me - if anything were to go wrong in my marriage I would lose my job, home and be asked to leave Australia. Don't underestimate the stress that that causes. Just my personal take on it, temp spouse visas suck. I am envious of people who have shortage skills that allow them to get immediate permanent resident status. Link to comment Share on other sites More sharing options...
RockDr Posted March 20, 2012 Share Posted March 20, 2012 I am also on the temp and have found it to be very restricting. I am doing further study in my spare time - and have had to be registered as an overseas student. I have difficulty getting credit. I have to pay extra to get family travel insurance. I was unable to get a mortgage in my own right - meaning I was not eligible for a first home buyers grant. It affects the family tax benefits for my Australian stepchildren. It also means that, for two years (plus 6 months on a fiance visa), I have the sword of Damocles hanging over me - if anything were to go wrong in my marriage I would lose my job, home and be asked to leave Australia. Don't underestimate the stress that that causes. Just my personal take on it, temp spouse visas suck. I am envious of people who have shortage skills that allow them to get immediate permanent resident status. Didn't mean to put anyone else's experience down, I realise that I'm lucky. Credit wise we have joint finances and there was no issue adding me as a secondary card holder on OH's credit card, and we're not looking to buy a house for another few years, so no problem there either. I'm done with study, and I also already have work, with a company that would sponsor me if necessary. So personally I've not had any issues. That's not to say that no-one else would have, and yes, if I didn't have this job, I'd be far more stressed about the visa situation. Link to comment Share on other sites More sharing options...
james81 Posted March 20, 2012 Author Share Posted March 20, 2012 I am hoping miss the temp section out hopefully by applying when me and my partner have been together living for 2 years (its been longer but it was at my parents place before then) and we have a child. I guess i'll have to see how my case officer wants to do things. Im pleased my work wont be really affected as im the only one working in our household at the minute. We are just drafting out the application forms and getting the stat dec's together at the minute. What are the most crucial bits of documentation when proving your defacto relationship? We have lease agreements, bills etc Link to comment Share on other sites More sharing options...
james81 Posted April 1, 2012 Author Share Posted April 1, 2012 Thanks for the help guys, Im sure there will be more questions as i go! Link to comment Share on other sites More sharing options...
BackToAdelaide Posted April 1, 2012 Share Posted April 1, 2012 A list of things we included (I'm the Aussie, OH is the Brit): · - personal statements from both of us describing our relationship (roughly one A4 typed page each) · - certified copies of passports & birth certificates · - copy of our tenancy agreement · - photocopies of bank statements from our joint account · - photocopies of bills such as council tax, utilities · - last 12 months payslips from me as well as a letter from my employer confirming how long I’ve worked there and how much I earn (to help prove I can afford to sponsor my OH) · - stat decs from both my parents · - letters of support/ reference letters from his parents & a friend of ours · - handful of photo print outs showing us holidaying together or at social occasions (eg work function, friend's wedding, family Christmas) · - a few print outs of email correspondence to help show how long we've been together eg. me telling my parents about our house hunting & the places we'd looked at, email from my parents to OH the previous year wishing him happy birthday · - copies of travel itineraries (flight & hotel bookings) showing evidence of us travelling together · - random stuff such as tickets from a show we saw together, Christmas cards sent to us from family, menu & place name cards from a work Christmas function (was pleased with myself for thinking to keep them!) Link to comment Share on other sites More sharing options...
james81 Posted April 9, 2012 Author Share Posted April 9, 2012 thanks for that, thats a great help, it gives me a very good idea of what I need to arrange in the coming next few weeks. Did you submit all that at once? or over a period of time as the case officer asked for it? Link to comment Share on other sites More sharing options...
BackToAdelaide Posted April 9, 2012 Share Posted April 9, 2012 thanks for that, thats a great help, it gives me a very good idea of what I need to arrange in the coming next few weeks. Did you submit all that at once? or over a period of time as the case officer asked for it? We submitted everything at once. It's quite common to wait on the police checks and medical until the case officer asks but the rest of it you should ideally send with your application as support. However if the case officer feels you're a bit light on in an area (we didn't have this issue) they may ask for something extra. Link to comment Share on other sites More sharing options...
james81 Posted April 10, 2012 Author Share Posted April 10, 2012 I think I'll submit everything apart from the police checks, medical as I dont want to have to do them twice, ive heard there are extensive waiting times for partner visa's at present. I did a medical for my 2nd working holiday visa a few years ago, I assume I'll have to go through it again? Link to comment Share on other sites More sharing options...
Teekay Posted April 20, 2012 Share Posted April 20, 2012 A list of things we included (I'm the Aussie, OH is the Brit): · - personal statements from both of us describing our relationship (roughly one A4 typed page each) · - certified copies of passports & birth certificates · - copy of our tenancy agreement · - photocopies of bank statements from our joint account · - photocopies of bills such as council tax, utilities · - last 12 months payslips from me as well as a letter from my employer confirming how long I’ve worked there and how much I earn (to help prove I can afford to sponsor my OH) · - stat decs from both my parents · - letters of support/ reference letters from his parents & a friend of ours · - handful of photo print outs showing us holidaying together or at social occasions (eg work function, friend's wedding, family Christmas) · - a few print outs of email correspondence to help show how long we've been together eg. me telling my parents about our house hunting & the places we'd looked at, email from my parents to OH the previous year wishing him happy birthday · - copies of travel itineraries (flight & hotel bookings) showing evidence of us travelling together · - random stuff such as tickets from a show we saw together, Christmas cards sent to us from family, menu & place name cards from a work Christmas function (was pleased with myself for thinking to keep them!) Hi BackToAdelaide, Did you and OH live together for a year or did you have to prove the 12 months relationship? Link to comment Share on other sites More sharing options...
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