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Old 04-03-2004, 04:02 PM   #1 (permalink)
DunRoaminTheUK
 
Posts: 226
Default De-facto versus Engaged on 47SK

Hi all.

I have this un-answered question whizzing around my mind, which
is a consequence of the sudden rush to apply caused by the points
increase.

I want to apply by Monday 5th April, but I am not getting
married until 22nd April. I have been living with my fiancee for about 3
years.

My question is, given that I MUST declare that I am engaged to
marry (with respective date) on the 47SK does this mean that I do NOT
need to tick the de-facto relationship box also, as our committment to
each other is indicated by our intention to marry? Also, as I have made
a mention of being engaged do I still need to put my partner on the
application form as my spouse (to be - in effect) at the time of
application (technically speaking, she is not my spouse by marriage at
the time of lodgement)?

I have included some company headed letters
(certified copies) from the holiday company who are arranging our
wedding abroad, with dates of wedding/details etc. Will this be
sufficient for the application? I can forward on a copy of the marriage
certificate early May '04.

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Old 04-03-2004, 07:00 PM   #2 (permalink)
Pollyana
 
Posts: 1843
Default Re: De-facto versus Engaged on 47SK

I think - and I know I'll be corrected if I'm wrong - that you have to
go as de facto if its a skills visa; I don't think there is a
Prospective Spouse category? In which case she has to go on the form as
your "de facto spouse" and you have to include evidence of your
relationship, prove you've been living together for at least 12 months,
and that sort of thing.

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Old 04-03-2004, 08:11 PM   #3 (permalink)
George Lombard
 
Posts: 2860
Default Re: De-facto versus Engaged on 47SK

Dear DunRoamin,

Lodge the application now. Read Steve O'Neill's advice to you carefully.
If not married when applying, she needs to be your de facto to be included
in the application at time of application, and when married send a form 1022
with evidence of the wedding. You do not need to supply any evidence of the
engagement with the application.

The important questions are a) do you have a skills assessment and b) can
you get the skills assessment and form 47SK to Adelaide by 13 April.

Good luck!

Cheers

George Lombard
"DunRoaminTheUK" <member20786@british_expats.com> wrote in message
news:...
    > Hi all.
    > I have this un-answered question whizzing around my mind, which
    > is a consequence of the sudden rush to apply caused by the points
    > increase.
    > I want to apply by Monday 5th April, but I am not getting
    > married until 22nd April. I have been living with my fiancee for about 3
    > years.
    > My question is, given that I MUST declare that I am engaged to
    > marry (with respective date) on the 47SK does this mean that I do NOT
    > need to tick the de-facto relationship box also, as our committment to
    > each other is indicated by our intention to marry? Also, as I have made
    > a mention of being engaged do I still need to put my partner on the
    > application form as my spouse (to be - in effect) at the time of
    > application (technically speaking, she is not my spouse by marriage at
    > the time of lodgement)?
    > I have included some company headed letters
    > (certified copies) from the holiday company who are arranging our
    > wedding abroad, with dates of wedding/details etc. Will this be
    > sufficient for the application? I can forward on a copy of the marriage
    > certificate early May '04.
    > --
    > Posted via http://britishexpats.com
 
Old 04-03-2004, 10:46 PM   #4 (permalink)
Jaj
 
Posts: 7214
Default Re: De-facto versus Engaged on 47SK

    >DunRoaminTheUK wrote:
    > Hi all.
    >
    > I have this un-answered question whizzing around my mind, which
    > is a consequence of the sudden rush to apply caused by the points
    > increase.
    >
    > I want to apply by Monday 5th April, but I am not getting
    > married until 22nd April. I have been living with my fiancee for about 3
    > years.

As you have been living together for more 12 months, you must include
her now as your spouse.



    >
    > My question is, given that I MUST declare that I am engaged to
    > marry (with respective date) on the 47SK does this mean that I do NOT
    > need to tick the de-facto relationship box also, as our committment to
    > each other is indicated by our intention to marry? Also, as I have made
    > a mention of being engaged do I still need to put my partner on the
    > application form as my spouse (to be - in effect) at the time of
    > application (technically speaking, she is not my spouse by marriage at
    > the time of lodgement)?

As you have lived together for more than 12 months, she is legally your
'spouse' in DIMIA's eyes.

On form 47SK:
- tick both the 'engaged' and 'de-facto' relationship boxes
- include her details
- put a brief covering letter saying you have been living together for 3
years and plan to get married on whatever date you have arranged.


    >
    > I have included some company headed letters
    > (certified copies) from the holiday company who are arranging our
    > wedding abroad, with dates of wedding/details etc. Will this be
    > sufficient for the application? I can forward on a copy of the marriage
    > certificate early May '04.

You will need to show evidence of 12 months cohabitation as at the time
you apply. It won't hurt to send a copy of your marriage certificate
later on when you have it.

All the evidence concerning cohabitation can be provided later on. At
this stage your priority should be getting a valid application into
Adelaide, as the clock is ticking down towards 14th April.

Jeremy

__________________
This is not intended to be legal advice in any jurisdiction
 
Old 04-03-2004, 11:36 PM   #5 (permalink)
DunRoaminTheUK
 
Posts: 226
Default Re: De-facto versus Engaged on 47SK

Originally posted by George Lombard
    > Dear DunRoamin,

    > Lodge the application now. Read Steve O'Neill's advice to you
carefully.
    > If not married when applying, she needs to be your de facto
to be included
    > in the application at time of application, and when
married send a form 1022
    > with evidence of the wedding. You do not
need to supply any evidence of the
    > engagement with the application.

    > The important questions are a) do you have a skills assessment and b)
can
    > you get the skills assessment and form 47SK to Adelaide by 13
April.
    >
    > Good luck!
    >
    > Cheers
    >
    > George Lombard
"DunRoaminTheUK" <member20786@british_expats.com> wrote in message
    > [u-
rl="news:"]news:1345971.1081011766@-
britishexpats.com[/url]...
    > > Hi all.
    > > I have this un-
answered question whizzing around my mind, which
    > > is a
consequence of the sudden rush to apply caused by the points
    > increase.
    > > I want to apply by Monday 5th April, but I
am not getting
    > > married until 22nd April. I have been living
with my fiancee for about 3
    > > years.
    > > My question
is, given that I MUST declare that I am engaged to
    > > marry
(with respective date) on the 47SK does this mean that I do NOT
    > need to tick the de-facto relationship box also, as our
committment to
    > > each other is indicated by our intention to
marry? Also, as I have made
    > > a mention of being engaged do I
still need to put my partner on the
    > > application form as my
spouse (to be - in effect) at the time of
    > > application
(technically speaking, she is not my spouse by marriage at
    > >
the time of lodgement)?
    > > I have included some company headed
letters
    > > (certified copies) from the holiday company who are
arranging our
    > > wedding abroad, with dates of wedding/details
etc. Will this be
    > > sufficient for the application? I can
forward on a copy of the marriage
    > > certificate early May
'04.
    > > --
    > > Posted via
http://britishexpats.com/http://britishexpats.com


Thanks George & Jeremy.

I have my positive ACS skills
assessment and I hope to be sending my application (with two form 80's
also - do we need these at this stage? I have filled mine in but my
fiancee hasn't done hers) off with DHL on the afternoon of Monday 5th
April. I would have thought that even with the Easter break, it should
get to Adelaide before the 14th April?

Cheers again.

__________________
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