tricky

Please can anyone offer advise on de facto visa! I am an Australian citizen living in the UK with my partner and our three-year-old daughter who is also an Australian citizen. I would like to return to oz and take my partner with me. We have only been living together officially since Aug 04 but have been together since 1996, can anyone advise on our position and weather we should apply in London or Australia , and how long does it take to process

sabrina

it is a total nightmare ! we are in process of immigrating at the moment as de facto and although we have joint tenancy, bank accounts and car insurance etc. the immigration consultant states we have 'scanty' evidence! they require basically everything that you have from the start of your relationship! if you contact any of the visa companies they will give you information about most appropriate way of applying . good luck

Sunshine76

Hi

We were in the same position as you (except without kids). I am an Aussie citizen and my partner from the UK. We had been together 3 years when we applied and the whole process from the point the DIMIA received the application to actually getting the visa took about a month. Not sure if we were very lucky, or just very thorough with what we provided them with but if it's any help we sent things like old airline tickets from trips back to Aus and also other holidays, letters showing a joint address, joint account bank statements, letters from friends and family (both in uk and aus) vouching that our relationship was genuine etc. I would imagine if you have a child together too, that would go a long way in helping your case. Anyway, if you'd like any more advice feel free to ask any questions.

Good luck!!

moneypenny20

Apply in London.

Don't bother with an agent, save your money. Download Booklet 1 and read from front to back and back again!

You want two stat decs (Form 888) from aussie people and some decs from other friends and relations stating what they see of your relationship, what you have all done together etc.

Get copies of child's birth certificate, bank statements (joint) or showing movement between the two. Any info with both names on, rental agreements, invoices, bills etc etc etc etc.

Although you have only lived together since Aug 04 you have the child and therefore should have no problem getting the visa providing you dot the i's and cross the t's.

I'm sure Michelle won't mind - she is a "nice poster" but this is her list of docs she sent in. I would post a list of mine, but hers is more comprehensive as she went for de facto. Mine is spouse and we have years and years and years together so it was more straightforward.

"here you are - this isn't conclusive or 'right' but it might give you a general idea of what you need. You'll notice I didnt have any joint accounts etc either, we were able to prove financial co-dependance in other ways


1. Main Forms
Form 40SP
Form 47SP
Form 886 Settlement Details

2. Health and Character
UK Police Clearance
Form 80
Medicals

3. Identification
Certified copy of Sponsors birth certificate
Certified copy of sponsor’s passport
Certified copy of applicant’s birth certificate
Certified copy of applicant’s passport
Passport photos of sponsor x2
Passport photos of applicant x4

4. Employment Details
Sponsors group certificate, certified copy
Letter of employment for Sponsor
Reference letter from Michelle’s employer in Brisbane
Screen print of jobs available in Brisbane suitable for Michelle
Copy of Michelle’s CV/Qualifications proving employability

5. Our Statements
Statement from Shane on our relationship
Statement from Michelle on our relationship

6. Supporting Statements
Statutory Declaration from Sponsors Mum
Statutory Declaration from mutual friend (Sally)
Letter from Sponsors Daughter (Kayla)
Letter from Sponsors friend (Anthony)
Statutory Declaration from Sponsors friend (Jason)
Statement from my brother (David)
Statement from my Dad (Richard)
Statement from my friend (Claire)
Statement from my friend (Hayley)
Statement from my friend (Natalie)


7. Evidence of living together
Bank Statement showing transfer of funds
Microsoft Money spreadsheet and description
Letters showing that 109 was owned by Shane previous to 08/02/04
Letters (6) for Michelle at 109
Letters (14) for Shane at 109
Copy of form adding Michelle to Shane’s credit card


8. Evidence of social aspects and life together
Page of photos x3
AFL ticket, Sept 2000 in Brisbane
Pearl Jam tickets, Feb 2003 in Brisbane x2
Gym Membership, in Brisbane x2
Rugby World Cup ticket, Nov 2004 in Brisbane x2
Thank-you card to both of us from Natalie & Amy
Copy of gym membership showing Shane as next of kin
Handmade birthday card for Michelle from Kayla
Wedding invitation to us both for April 2003
Information received on possible wedding reception places


9.Evidence of joint holidays
Credit card statement showing hire car in New Zealand
Maui Rentals New Zealand
Plane ticket to Christchurch for Michelle, July 2003
Email for Shane showing details of flight to New Zealand, July 2003
Travel documents for Michelle & Shane to Thailand and UK Jan/Feb 2004
Easyjet flights in France 2004
Easyjet flights in Spain 2004


10. Evidence of contact whilst apart
Phone bills
Relevant page of passport showing travel to Kuala Lumpur, June 2000
Travel documents to Australia Aug/Sept 2001
Email from Shane dated December 2000
Emailed photos from Shane dated November 2001
Emailed photos from Michelle dated September 2001
Cards from the flowers Shane has sent Michelle
Sample of cards Michelle has sent Shane"


Good luck.

bondipom

Applying in the UK is what DIMIA prefer. They can stop you at the border for arrving on an ETA with the purpose of building up relationship time and apply for a partner visa. Although rare it happens. Your situation is slightly complicated by not having lived together for a year however the child is strong evidence of relationship. If you wait till August I doubt you will have an issue as you will have a years co-habitation. The success of your application now depends on the nature of your relationship prior to August 04.

The process can take a week or 2 however there are those out there who have had to wait months. For quick processing everything should be lodged at once.

Is your partner under 30. He maybe eligible for a working holiday visa.

Anastasia Beaverhausen

Crikey Moneypen, what a fantastic list. Mine was only a quarter of the size?

Sophie Louise

Oh no! So what happens now? And how much stuff had you sent them? We've sent off our de facto application and am waiting to hear back...

Sophie

moneypenny20

Not mine, Michelle's Mine wasn't that long either, but her's is a really good list that covers just about everything, so as long as you have included some similar you should be fine.

mlbonner

Gee shucks guys and of course I dont mind!!

Cheers

sam&molly

A couple of our friends were in a similar position they also included a copy of there Wills which specifically identified each other as “de facto� and a letter from their pension provider stating that they had named each other as de facto beneficiaries.

Molly

SydneyStace

Just for your info on times, I sent off for my Spouse Visa (309) on 19th January 2004. Got a letter after about 5 days saying they had received my application.
Then had my medicals done around 16th Feb 04 and sent them off immediately. Got a letter on 20 Feb 04 to say my visa had been granted, giving all the info etc & I just had to send my passport to them to have the visa put in.
I found the process pretty easy & just sent everything possible even if I thought they might not need it - better to be safe!
Good luck to all during this stressful time!
Stacey

queenie

We were in the same position as you, defacto with kids (Tut Tut). Having a child together makes the whole thing heaps easier. What better proof of a real relationship? Although they asked for every bit of evidence possible, what ever we provided was obviously good enough. We didn't think of using an agent, just filled in forms ourselves. The visa still cost enough dosh to get though.

Good luck with it all, where are you heading?

Queenie

ps Do a forum search on getting your medicare card renewed if it has expired. You need more proof for that than for the visa.

Sophie Louise

Thanks for that. We sent ours off on the 22/2 and 5 working days later I received a phone call asking questions about my relationship etc. and a request for my birth certificate. That's now sent off. I frontloaded the application with police checks and medicals, so hopefully should get an answer soon - just scary waiting....!!! Have a bottle of champagne on standby....!

Sophie

Anastasia Beaverhausen

Well, all the post on here fill me with hope. Dan and I have been married for 7 years, have an 11 month old and a well documented life here in the UK. Good stuff. Thanks.

Sophie Louise

I got it!!!!!!!!!! It came today!!!!!!!!!!!

Will have to start a whole new thread on this - hang on...

Sophie