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De Facto Dilemma

De Facto Dilemma

Old Dec 16th 2003, 8:57 am
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Default De Facto Dilemma

Does anybody know anything about the 5 year relationship waiver to the 2 year temp part of the de facto visa? That bit that says if you have been in a relationship for 5 years or more at the time you apply you can skip the two year temporary visa and get permanent residency straightaway.

My dilemma is this: at the moment, Mr Bundy and I are aiming to front-end load our application in Jan/Feb with a view to moving to Oz in July 2004. Lots of reasons for moving in July - brother getting married, so can't leave earlier, I have a job that ties up the whole summer and I want to resign before July...).

BUT, on October 15 2004 Mr Bundy and I will have been together for 5 years.

Would it be better to wait to apply until October? Or should we just get it over and done with now and move in July? Can you still front end load even if you're aiming for full permanent residency with the 5 year waiver? Also, we take Oct 15 as our anniversary because it's when we moved in together....only problem is that this was about a week after we met and we moved onto an old converted bus together (long story). We moved into a house together a couple of months later in December 1999. Are DIMIA likely to accept Oct 15 as the 5 year date, or will they be more likely to accept the December date?

Grrrr. Thought I have everything sorted and now I have a dilemma. Any advice from those that know, or those that have done this gratefully accepted!

Last edited by bundy; Dec 16th 2003 at 9:24 am.
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Old Dec 16th 2003, 9:25 am
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Old Dec 16th 2003, 10:02 am
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Default Re: De Facto Dilemma

Originally posted by bundy
Does anybody know anything about the 5 year relationship waiver to the 2 year temp part of the de facto visa? That bit that says if you have been in a relationship for 5 years or more at the time you apply you can skip the two year temporary visa and get permanent residency straightaway.

My dilemma is this: at the moment, Mr Bundy and I are aiming to front-end load our application in Jan/Feb with a view to moving to Oz in July 2004. Lots of reasons for moving in July - brother getting married, so can't leave earlier, I have a job that ties up the whole summer and I want to resign before July...).

BUT, on October 15 2004 Mr Bundy and I will have been together for 5 years.

Would it be better to wait to apply until October? Or should we just get it over and done with now and move in July? Can you still front end load even if you're aiming for full permanent residency with the 5 year waiver? Also, we take Oct 15 as our anniversary because it's when we moved in together....only problem is that this was about a week after we met and we moved onto an old converted bus together (long story). We moved into a house together a couple of months later in December 1999. Are DIMIA likely to accept Oct 15 as the 5 year date, or will they be more likely to accept the December date?

Grrrr. Thought I have everything sorted and now I have a dilemma. Any advice from those that know, or those that have done this gratefully accepted!
Bundy from my experience DIMIA are unwillinging to start final stage processing in Australia once the relationship has passed five years on a Sub class 309 (temp spouse visa).

The advantage of having PR is it improves your employment prospects for certain careers and companies. You are more credit worthy with PR ie you can get mortgages with 5% or 10% deposits. As you are aware if your relationship comes to an end you can stay in Oz if you are PR. There are also some educational benefits with PR eg HECS.

As far as proof of relationship goes the only thing I can suggest is getting a couple of people putting the start date of knowing you in their stat decs as when you and Mr Bundy met. Someone else will have to answer whether that is a definate proof of start of relationship as far as DIMIA are concerned.

If you need the above benefits then wait otherwise if your relationship is strong enough then get your application in early. PR is granted 2 years from date of lodging your application, not grant. Also PR will only be granted if you have been together for 5 years at time of lodgement and not grant.

Not a complete answer but hopefully enough for you to think about.

BTW MRs BP and I had been together 4 years at time of app so I asked DIMIA at 5 years (in Oz) whether I could get PR. The person on the end of the line said I could write and request PR although he sounded very vague and wanting to reach a call completion target. I have read since that apps for PR will only be considered after 2 years of original lodgement in the UK. Since I had no urgency for PR I waited.
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Old Dec 16th 2003, 11:35 am
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Default Re: De Facto Dilemma

Originally posted by bondipom
Bundy from my experience DIMIA are unwillinging to start final stage processing in Australia once the relationship has passed five years on a Sub class 309 (temp spouse visa).

The advantage of having PR is it improves your employment prospects for certain careers and companies. You are more credit worthy with PR ie you can get mortgages with 5% or 10% deposits. As you are aware if your relationship comes to an end you can stay in Oz if you are PR. There are also some educational benefits with PR eg HECS.

As far as proof of relationship goes the only thing I can suggest is getting a couple of people putting the start date of knowing you in their stat decs as when you and Mr Bundy met. Someone else will have to answer whether that is a definate proof of start of relationship as far as DIMIA are concerned.

If you need the above benefits then wait otherwise if your relationship is strong enough then get your application in early. PR is granted 2 years from date of lodging your application, not grant. Also PR will only be granted if you have been together for 5 years at time of lodgement and not grant.

Not a complete answer but hopefully enough for you to think about.

BTW MRs BP and I had been together 4 years at time of app so I asked DIMIA at 5 years (in Oz) whether I could get PR. The person on the end of the line said I could write and request PR although he sounded very vague and wanting to reach a call completion target. I have read since that apps for PR will only be considered after 2 years of original lodgement in the UK. Since I had no urgency for PR I waited.
Thanks Bondipom...but what do you mean by the first sentence?

I can see that there are definite advantages to having PR, but just trying to weigh them up against staying here for another year...
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Old Dec 16th 2003, 8:35 pm
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You get a sub class visa 309, go to OZ. I called DIMIA as I wanted to arrange date of PR grant so I was not abroad. I asked if it could be granted early as the relationship was 6 years old. The case officer said it could not be granted until 2 years after lodgement in the UK.

If you decide that you would rather get out of the UK in July, apply now. That way 2 years from now you will get PR. Do not front end load and provide the police and medical stuff when requested which will probably be in February. You will then have a year from the earlier of the police certificate or the medical to enter OZ.

Do you need any of the things that PR gets you? If not get your app in now.
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Old Dec 16th 2003, 8:39 pm
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Originally posted by bundy
WBB - do I remember vaguley that this is what you are doing?

i have only just replied to your other thread then i seen this one

sPo0Ky

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Old Dec 17th 2003, 9:20 am
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Originally posted by welshboybilly
i have only just replied to your other thread then i seen this one

sPo0Ky

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Thanks to the both of you...the more I think about it, the more sensible it seems just to get the application in asap and wait the two years. I don't think DIMIA will accept much of the evidence of the first few months of our lives together (the whole living on a bus thing) so we could end up waiting until Oct to lodge the application then being told that we have to wait two years anyway.

Think we're going to stick to the original plan of front-end loading asap and then disappearing in July...
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Old Dec 17th 2003, 9:32 am
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Originally posted by bundy
Thanks to the both of you...the more I think about it, the more sensible it seems just to get the application in asap and wait the two years. I don't think DIMIA will accept much of the evidence of the first few months of our lives together (the whole living on a bus thing) so we could end up waiting until Oct to lodge the application then being told that we have to wait two years anyway.

Think we're going to stick to the original plan of front-end loading asap and then disappearing in July...
Unless you need the PR you are doing the right thing. When you get here time flies. I cannot belive it is over 2 years since I applied and my life has changed beyond recognition since.

You do not have to Front End Load unless you are desperate to have the sticker in quickly. Bung in the app, then start the med and the police checks and you will have longer to get to Oz. It is 2 years from date of application arriving at DIMIA to PR. The meds and police checks take time that might delay your app if you front end load. It is 1 years from meds or police checks to get in to Oz.

Just one note for those from countries without a reciprocal medical agreement with Australia you will not have access to medicare (on a spouse visa) until you gain PR. UK citizens have access to medicare so the point is generally irrelevant for those here.
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Old Dec 17th 2003, 9:39 am
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Originally posted by bondipom
Unless you need the PR you are doing the right thing. When you get here time flies. I cannot belive it is over 2 years since I applied and my life has changed beyond recognition since.

You do not have to Front End Load unless you are desperate to have the sticker in quickly. Bung in the app, then start the med and the police checks and you will have longer to get to Oz. It is 2 years from date of application arriving at DIMIA to PR. The meds and police checks take time that might delay your app if you front end load. It is 1 years from meds or police checks to get in to Oz.

Just one note for those from countries without a reciprocal medical agreement with Australia you will not have access to medicare (on a spouse visa) until you gain PR. UK citizens have access to medicare so the point is generally irrelevant for those here.
We don't really need to stay here in the UK for any length of time, other than waiting until July for my brother's wedding, hence the thought about front-end loading. At the moment we are waiting for stat decs to be returned to us from the gang in Oz, and as soon as those start to appear I'll stick in the police checks (which are ready to go) and get the medical done. Trying to make it work so that everything arrives back at the same time, some time in late Jan or early Feb... would like to find out if I have my visa fairly soon after I apply because it would be good to know before I hand in my notice, and I'd like to do that at the end of Feb or beginning of March (have to give 3 months, grrr).

Once (if) I get my visa, we'll be here for as short a time as possible before heading off to Oz - no house to sell, not much to pack up, so we're fairly mobile.
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