Cat22

Hi, just wondering if anyone can help me?

My partner has a permanent resident visa for Australia, obtained 3 years
ago while he was still a dependent, through his parents. He has
validated his visa and has been to Australia to visit. Me and my partner
have been together 5 years and have lived together 'defacto' for 1 year
(I have visited oz 3 times on tourist visa).

His visa runs out in 2 years. I understand that his visa is ok as long
as he is in Australia before it expires and stays for 2 years to get
RRV/Citizenship. Initially we were going to apply for me to go at the
same time as him under the spouse-defacto visa.

What I am wondering is; is what I have said above all correct? And
plus instead of coming in on a spouse visa; would I be able to enter
on a working holiday visa ? Just for the first year we would like to
travel around Australia and do casual work. We though we could make up
are minds if we want to stay or not in that year. If we wanted to stay
then we could apply for spouse visa. If we wanted to go back to UK we
could just go back. Just we are really not sure what we want to do. We
are both 23 and it is hard to decide. I don't mind spending the money
on a spouse visa. Just thought by doing the working hol first to make
our minds up we would only spend the money on a spouse visa if we were
100% sure.

The DIMA website says you can change to another visa off the working
holiday visa. I understand the work is a casual nature on the working
hol visa-thats fine. And I am under 30.

Sorry for such a long post. Thanks for your help!

Jaj

    > Hi, just wondering if anyone can help me?
    > My partner has a permanent resident visa for Australia, obtained 3
    > years ago while he was still a dependent, through his parents. He has
    > validated his visa and has been to Australia to visit. Me and my
    > partner have been together 5 years and have lived together 'defacto'
    > for 1 year (I have visited oz 3 times on tourist visa).
    > His visa runs out in 2 years. I understand that his visa is ok as long
    > as he is in Australia before it expires and stays for 2 years to get
    > RRV/Citizenship. Initially we were going to apply for me to go at the
    > same time as him under the spouse-defacto visa.
    > What I am wondering is; is what I have said above all correct? And
    > plus instead of coming in on a spouse visa; would I be able to enter
    > on a working holiday visa ? Just for the first year we would like to
    > travel around Australia and do casual work. We though we could make up
    > are minds if we want to stay or not in that year. If we wanted to stay
    > then we could apply for spouse visa. If we wanted to go back to UK we
    > could just go back. Just we are really not sure what we want to do. We
    > are both 23 and it is hard to decide. I don't mind spending the money
    > on a spouse visa. Just thought by doing the working hol first to make
    > our minds up we would only spend the money on a spouse visa if we were
    > 100% sure.
    > The DIMA website says you can change to another visa off the working
    > holiday visa. I understand the work is a casual nature on the working
    > hol visa-thats fine. And I am under 30.
    > Sorry for such a long post. Thanks for your help!

Get professional advice on your options. For him to sponsor for a
spouse visa he needs to be "usually resident" in Australia, as he is not
an Australian citizen.

It may be possible for you to enter on a WHV but you need to be aware
that WHV holders are expected to plan to leave Australia at the end.
This might cause a problem. And if you do get to Australia on a WHV, do
not let your visa expire before applying for a spouse visa.

A further point on which you need to be very sure is that you were not
in an engagement or de-facto relationship with him when he first
migrated as otherwise his visa could be cancelled. This will be one of
the first things DIMIA look at.

He should not leave it too late to move back to Australia as he won't be
able to travel without an RRV. And if he leaves it too late and doesn't
get back to Australia on time, or is outside Australia on the expiry
date, his PR may be gone for good and DIMIA will likely not be
sympathetic.

He may be able to get an RRV before the two years is up provided he
is *living* in Australia. For citizenship he needs to wait the
full 2 years.

You can do any kind of work you like on the WHV provided you stay with
one employer for no more than 3 months.

Jeremy

Cat22

    > Get professional advice on your options. For him to sponsor for a
    > spouse visa he needs to be "usually resident" in Australia, as he is
    > not an Australian citizen.
    > It may be possible for you to enter on a WHV but you need to be aware
    > that WHV holders are expected to plan to leave Australia at the end.
    > This might cause a problem. And if you do get to Australia on a WHV,
    > do not let your visa expire before applying for a spouse visa.
    > A further point on which you need to be very sure is that you were not
    > in an engagement or de-facto relationship with him when he first
    > migrated as otherwise his visa could be cancelled. This will be one
    > of the first things DIMIA look at.
    > He should not leave it too late to move back to Australia as he won't
    > be able to travel without an RRV. And if he leaves it too late and
    > doesn't get back to Australia on time, or is outside Australia on the
    > expiry date, his PR may be gone for good and DIMIA will likely not be
    > sympathetic.
    > He may be able to get an RRV before the two years is up provided he
    > is *living* in Australia. For citizenship he needs to wait the full
    > 2 years.
    > You can do any kind of work you like on the WHV provided you stay with
    > one employer for no more than 3 months.
    > Jeremy

Ok thank you for your advice. I need to find a migration agent in
Bath/Bristol, to give advice, where should I look (yellow pages)?

We were bf/gf when he was given the visa. Living separately no joint
fiances etc both at school/college. I have proof I was living with
parents etc. We have been living as if we were married for one year.

I think the best option may be to get the spouse visa, and go to
Australia. If we had to/wanted to move back to the UK after a year would
my partner qualify for an RRV after one year living in Australia?

If we moved back and my partner lost his visa-what would happen to my
visa if I was on a spouse visa?

Jaj

    > Ok thank you for your advice. I need to find a migration agent in
    > Bath/Bristol, to give advice, where should I look (yellow pages)?
    > We were bf/gf when he was given the visa. Living separately no joint
    > fiances etc both at school/college. I have proof I was living with
    > parents etc. We have been living as if we were married for one year.
    > I think the best option may be to get the spouse visa, and go to
    > Australia. If we had to/wanted to move back to the UK after a year
    > would my partner qualify for an RRV after one year living in
    > Australia?
    > If we moved back and my partner lost his visa-what would happen to my
    > visa if I was on a spouse visa?

There are not many registered migration agents in the UK. Try Ian
Harrop, he's in Burford, Oxon and has a good reputation:
http://www.ianharrop.co.uk
Be prepared to pay for assistance.

Or you could use an agent in Australia - many people do.



Jeremy

Cat22

    > There are not many registered migration agents in the UK. Try Ian
    > Harrop, he's in Burford, Oxon and has a good reputation:
    > http://www.ianharrop.co.uk
    > Be prepared to pay for assistance.
    > Or you could use an agent in Australia - many people do.
    > Jeremy

Ok thanks, I did not realise I could use one in Australia. Thank
you again.

BKate

    > Ok thanks, I did not realise I could use one in Australia. Thank
    > you again.

An agent based in Australia which gets alot of good feedback on here is
www.gomatilda.com Alan Collett :)

Cat22

    > An agent based in Australia which gets alot of good feedback on here
    > is www.gomatilda.com Alan Collett :)

Ok I have contacted above agent. Thye said no problems with visa. They
suggested my partner travel first to australia and apply then and me
follow. Or go on ETA and apply in Australia (i thought this was not
allowed?).

Also suggested we get some proof of not being defacto at time my
partners visa was granted. As the visa was granted on the basis that he
was a dependent. At this point we were just casually dating. Should I
send proof we were not defacto when his visa was granted in with
application or wait until they ask for it?

Thank you for everyones help

Jaj

    > Ok I have contacted above agent. Thye said no problems with visa.
    > They suggested my partner travel first to australia and apply then and
    > me follow. Or go on ETA and apply in Australia (i thought this was not
    > allowed?).
    > Also suggested we get some proof of not being defacto at time my
    > partners visa was granted. As the visa was granted on the basis that
    > he was a dependent. At this point we were just casually dating. Should
    > I send proof we were not defacto when his visa was granted in with
    > application or wait until they ask for it?
    > Thank you for everyones help

Not without risks and problems:

- risk of being refused entry on arrival
- a total mess awaits you if you don't apply for the spouse visa before
the 3 month stay expires
- intricacies of the bridging visa system
- being stuck on tourist visa conditions until the spouse visa is
granted (not necessarily quick)
- a total mess if you get refused

and so on.


Jeremy

Cat22

    > Not without risks and problems:
    > - risk of being refused entry on arrival
    > - a total mess awaits you if you don't apply for the spouse visa
    > before the 3 month stay expires
    > - intricacies of the bridging visa system
    > - being stuck on tourist visa conditions until the spouse visa is
    > granted (not necessarily quick)
    > - a total mess if you get refused
    > and so on.
    > Jeremy

Yes I am not keen to arrive without the spouse visa. Maybe my partner
can go on ahead and I will join him once the visa has been granted. Only
thing is then we would not be living together when we applied. I read
that if you provide evidence of communication then being apart for a
short time on a temporary basis is ok.

Alkristensen

    > Yes I am not keen to arrive without the spouse visa. Maybe my partner
    > can go on ahead and I will join him once the visa has been granted.
    > Only thing is then we would not be living together when we applied. I
    > read that if you provide evidence of communication then being apart
    > for a short time on a temporary basis is ok.

Love letters, emails about moving in together again, keep everything as
evidence.Keep a jointy bank account in the uk if you are ALLOWED

alk