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Old 09-17-2005, 02:16 AM   #1 (permalink)
gemf
 
Posts: 7
Default Defacto Visa! lots of questions


Hello Everyone, I have just been told about this website by a friend and
I have already had a look through some of the messages. I was wondering
if anyone could help me. I am english and my partner is Australian we
have been in a relationship for 2 years now and are looking to apply for
a defacto sponsered visa. However, we have heard from people that you
have to be able to show that you have been living together for 12
months. Unfortunatley this has only just become possible as I had to
move back to England to finish my masters degree, and before that we
were both tied to contracts for were we lived. So basically has anyone
been in this situation and should we apply now or wait for a year? We
are just really confused as people are saying different things and the
the immigration website states that co-habitation is not required....

Confused and worried
Gem
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Old 09-17-2005, 02:16 AM   #2 (permalink)
BKate
 
Posts: 232
Default Re: Defacto Visa! lots of questions


> Hello Everyone, I have just been told about this website by a friend
> and I have already had a look through some of the messages. I was
> wondering if anyone could help me. I am english and my partner is
> Australian we have been in a relationship for 2 years now and are
> looking to apply for a defacto sponsered visa. However, we have heard
> from people that you have to be able to show that you have been living
> together for 12 months. Unfortunatley this has only just become
> possible as I had to move back to England to finish my masters degree,
> and before that we were both tied to contracts for were we lived. So
> basically has anyone been in this situation and should we apply now or
> wait for a year? We are just really confused as people are saying
> different things and the the immigration website states that co-
> habitation is not required....
>
> Confused and worried
> Gem


Hi Gem,

For a defacto visa you have to prove 12 month co-habitation see the
link.

http://www.immi.gov.au/migration/fam...lationship.htm

The other visa is a prospective spouse where you don't have to prove 12
month co habitation see link.

http://www.immi.gov.au/migration/fam...rospective_ma-
rriage.htm

Good Luck
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Old 09-17-2005, 02:16 AM   #3 (permalink)
nmccallum
 
Posts: 53
Default Re: Defacto Visa! lots of questions


> Hello Everyone, I have just been told about this website by a friend
> and I have already had a look through some of the messages. I was
> wondering if anyone could help me. I am english and my partner is
> Australian we have been in a relationship for 2 years now and are
> looking to apply for a defacto sponsered visa. However, we have heard
> from people that you have to be able to show that you have been living
> together for 12 months. Unfortunatley this has only just become
> possible as I had to move back to England to finish my masters degree,
> and before that we were both tied to contracts for were we lived. So
> basically has anyone been in this situation and should we apply now or
> wait for a year? We are just really confused as people are saying
> different things and the the immigration website states that co-
> habitation is not required....
>
> Confused and worried
> Gem


Hi

If you have a look at the links above - on the first one it
states that -

'If you feel that there are circumstances that may warrant a waiver of
the 12-month requirement, you should provide a statement with your
application that outlines and explains the reasons for your request.'

So I presume by that it means that if you can prove that you were in a
relationship - but were unable to live together - then you may be able
to still get the visa.

However - I would imagine that it would have be really good proof and
that there were absolutely no questions about the genuineness of the
relationship.

If you are able to wait and live together, then you can spend the next
12 months gathering all the documentation that you need. I would say
that would be easier and then you'll be guaranteed to get the visa. I'm
not sure what would happen if you tried to apply without the living-
together proof and were denied a visa.

Best of Luck!!
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Old 09-17-2005, 02:16 AM   #4 (permalink)
gemf
 
Posts: 7
Default Re: Defacto Visa! lots of questions


> Hi
>
> If you have a look at the links above - on the first one it
> states that -
>
> 'If you feel that there are circumstances that may warrant a waiver of
> the 12-month requirement, you should provide a statement with your
> application that outlines and explains the reasons for your request.'
>
> So I presume by that it means that if you can prove that you were in a
> relationship - but were unable to live together - then you may be able
> to still get the visa.
>
> However - I would imagine that it would have be really good proof and
> that there were absolutely no questions about the genuineness of the
> relationship.
>
> If you are able to wait and live together, then you can spend the next
> 12 months gathering all the documentation that you need. I would say
> that would be easier and then you'll be guaranteed to get the visa.
> I'm not sure what would happen if you tried to apply without the living-
> together proof and were denied a visa.
>
> Best of Luck!!


Thanks for the reply. This is really stressful, I am so glad that I
have found people to talk to and just knowing that we are not alone
makes it better.

We were in contact with a migration agent and he said that I should come
over here on a working holiday visa and then apply. We did not realise
about the importance of the 12 month cohibitation.

I was here on a year exchange when we met and I can get proof that I had
to go back to England for my degree. My partner has copies of extensive
phone bills (as it was cheaper for him to call) and he came to visit me
and to meet my family, for a month over Christamas .....

Does anyone kow if this will be enough to prove that we have special
circumstances?

Since I am here on a working holiday visa I have to change employment
and it is important in my proffession to keep developing my skills, we
just don't want it to ruin my chances of employment once we have got
the visa.
So we would like to get it sorted, but we are willing to wait if we
have too...

Gem
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Old 09-17-2005, 02:16 AM   #5 (permalink)
nmccallum
 
Posts: 53
Default Re: Defacto Visa! lots of questions


> Thanks for the reply. This is really stressful, I am so glad that I
> have found people to talk to and just knowing that we are not alone
> makes it better.
>
> We were in contact with a migration agent and he said that I should
> come over here on a working holiday visa and then apply. We did not
> realise about the importance of the 12 month cohibitation.
>
> I was here on a year exchange when we met and I can get proof that I
> had to go back to England for my degree. My partner has copies of
> extensive phone bills (as it was cheaper for him to call) and he came
> to visit me and to meet my family, for a month over Christamas .....
>
> Does anyone kow if this will be enough to prove that we have special
> circumstances?
>
> Since I am here on a working holiday visa I have to change employment
> and it is important in my proffession to keep developing my skills, we
> just don't want it to ruin my chances of employment once we have got
> the visa.
> So we would like to get it sorted, but we are willing to wait if we
> have too...
>
> Gem


Hi Gem

Probably best to seek professional advice in this case!! Has the agent
said anything about the special circumstances route?? Perhaps ask them -
they should know more about it.

If you do decide to wait a while before applying - just make sure that
both your names are on ALL the documents, ie - lease agreements, utility
bills, house insurance -everything.

Having joint bank accounts is a also helpful. And then keep all travel
itineraries where both your names are on them, gym memberships, all
wedding invites - absolutely everything that shows you guys are
together. Once you have those - you're sorted!!

Loads of people have been down this visa route and looking back it was
rather simple - but at the time I thought I was going to have a nervous
breakdown!! It'll be fine!

Good Luck!
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Old 09-17-2005, 02:16 AM   #6 (permalink)
gemf
 
Posts: 7
Default Re: Defacto Visa! lots of questions


> Hi Gem
>
> Probably best to seek professional advice in this case!! Has the agent
> said anything about the special circumstances route?? Perhaps ask them
> - they should know more about it.
>
> If you do decide to wait a while before applying - just make sure that
> both your names are on ALL the documents, ie - lease agreements,
> utility bills, house insurance -everything.
>
> Having joint bank accounts is a also helpful. And then keep all travel
> itineraries where both your names are on them, gym memberships, all
> wedding invites - absolutely everything that shows you guys are
> together. Once you have those - you're sorted!!
>
> Loads of people have been down this visa route and looking back it was
> rather simple - but at the time I thought I was going to have a
> nervous breakdown!! It'll be fine!
>
> Good Luck!


Cheers,

We have already sorted out the names on the contract for our house and
all the bills. Still to do the joint bank account! We have asked these
questions to the migration agent but we havent had any reply... This
site is much more useful.

Thanks for the advice!

Gem
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Old 09-17-2005, 02:16 AM   #7 (permalink)
BKate
 
Posts: 232
Default Re: Defacto Visa! lots of questions


> Cheers,
>
> We have already sorted out the names on the contract for our house and
> all the bills. Still to do the joint bank account! We have asked these
> questions to the migration agent but we havent had any reply... This
> site is much more useful.
>
> Thanks for the advice!
>
> Gem


I would of thought they'd have to be extremely 'special' circumstances
to waiver the 12 month bit. Some good agents in Oz that are often
mentioned on here are.

www.gomatilda.com
www.austimmigration.com.au


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Old 09-17-2005, 02:17 AM   #8 (permalink)
NIGENABBY
 
Posts: 87
Default Re: Defacto Visa! lots of questions


> Thanks for the reply. This is really stressful, I am so glad that I
> have found people to talk to and just knowing that we are not alone
> makes it better.
>
> We were in contact with a migration agent and he said that I should
> come over here on a working holiday visa and then apply. We did not
> realise about the importance of the 12 month cohibitation.
>
> I was here on a year exchange when we met and I can get proof that I
> had to go back to England for my degree. My partner has copies of
> extensive phone bills (as it was cheaper for him to call) and he came
> to visit me and to meet my family, for a month over Christamas .....
>
> Does anyone kow if this will be enough to prove that we have special
> circumstances?
>
> Since I am here on a working holiday visa I have to change employment
> and it is important in my proffession to keep developing my skills, we
> just don't want it to ruin my chances of employment once we have got
> the visa.
> So we would like to get it sorted, but we are willing to wait if we
> have too...
>
> Gem


Hello

Just as an aside if you are on a Working Holiday Visa the work you
do is supposed to be incidental to your stay, not an improvement of
your career.

I don't mean to be gloomy, just something to be wary of for the future.

Good luck on your decisions and choices.
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