darrio

Can anyone please help with 3 questions:

- If a visa for a de-facto spouse is granted, within what period must the spouse enter Australia?

- I am in Australia on a 457 visa, and wish to bring in my American girlfriend who I have never lived with, but we can provide evidence of a 2 year+ relationship. Has anyone else done this, and if so any tips, particularly on what evidence would help?

- Would holding a joint US bank account be usefull evidence of a relationship?

Thanks so much for any help!

bondipom

living with as though husband and wife is a de-facto partner. Boyfriend girlfriend does not count. Living together for a year is the normal requirement.

andrew63

Correct.
Couldn't she come over on a 1 or 2 yr tourist/student visa or something like that and start living with you here? Not sure if that would count but would think so. I am no expert in this field.

Andrew

darrio

I agree the normal requirement is living together for one year, but how do you manage that first year if nobody will give you a visa unless you've already lived together?
It is my understanding that Australia will grant a visa without the one year requirement if you can give sufficient evidence of a genuine relationship.

She could of course come and stay as a tourist, but she'd get extremely bored doing nothing for a whole year while I'm at work. We have talked about this and the possibility of studying for the year, but she doesn't like either idea.

bondipom

I believe you would have to have a very good reason for living apart. Someone with professional expertise such as JAJ would be able to offer more info. Unless there is something different for 457ers than for partner visas I do not fancy your chances.

I brought my De-Facto back to Britain because of the one year requirement. We had been living together for 8 months.

mlbonner

Agreed, and it has to be an amazingly good reason at that!!

I did similar, came here on a WHV to get 12 months, which I think is what Andrew is suggesting. Though when I last looked the WHV for Americans was different than that for the UK? Becareful with the student visa option though, it could prove to be very expensive.

darrio

Is not having a visa a good reason for not living together? :-)
Apart from that, she was doing an MBA in the states, so that might be a good reason.

bondipom: I thought the UK had a 1 or 2 year requirement as well for a de-facto partner visa?

It's so bloody difficult to get that first year together if you're not from the same country.

bondipom

She has a British passport but she could have obtained a working holiday visa if she did not have British citizenship. As far as arguing the requirements please take it to Amanda Vanstone (Minister for Immigration) as she has the power the power to change the law. We can help you here but arguing with DIMIA requirments won't get you anywhere.

Those in the first year of a relationship often have this dilemma. Some get married however that is not a guaranteed easy path through DIMIA. Australia has set a minimum requirement for a state of a relationship and there is jack any of us can do about it.

darrio

I'm not trying to argue about the requirements. I'm basing what I am saying off the statement on the DIMIA website that says "Partners who are not living together may be required to demonstrate a high level of proof that they are not living separately and apart on a permanent basis.".

Perhaps I wasn't clear, but I was basically asking if anyone had done this before, and if so what does the "high level of proof" constitute?

owieb

My girlfriend (now wife) and I weren't living together when we came out on a 457IE visa.

However, we did both live in the same country (not sure if you do) and said in our application that we spent time "living" at each others houses. We did not have any joint bank accounts, bills or anything like that.

We provided about 4 stat decs from friends and families confirming our relationship as well as having to write our own stat decs giving details about our relationship, how we met, what we had done, significant points in our relationship. We also provided holiday/plane tickets which had both our names on, christmas cards with both our names on etc.

We actually came to Australia, me on my 457 and my gf on a WHV and applied to have her added once we were here (we didn't have enough time to apply before leavingm the UK). This probably helped our case a bit more as we we're living together in Australia.

We did provide a heap of information; but at one point thought we were going to be turned down or would have to attend an interview, but our application was finally accepted.

I think that the fact you have been living in different countries will be your biggest stumbling block. Best solution would be to contact an agent and get some professional advice.

JAJ

Also asked and answered on the immigration forum. First problem you have is that you can't sponsor for a spouse visa as you only have a 457 visa and are not a permanent resident.

You need professional advice on getting her onto your 457, and without having lived together, be prepared for it to be difficult or impossible,

She could come to Australia on another visa (eg student) if she qualified for it, however I wouldn't suggest trying to use tourist status to get her to Australia - DIMIA take a very dim view of people trying to live in Australia while only having tourist visas or ETAs.

See a good agent.

Jeremy

darrio

Thanks for all the advice.

Can anyone recommend an agent in Sydney?

bondipom

www.themara.com.au contains a register of DIMIA registered migration agents.

George Lombard (he posts in the migration forum) is a Sydney based agent. He has an excellent reputation in the forum.

Good luck

mlbonner

You can use an agent anywhere, doesn't have to be in the same town as you. I think George Lombard is in Sydney & Allan Collett in Melbourne, both have very good reputations on here (amongst others)
The important thing is to make sure the agent is MARA registered, you can check that here www.themara.com.au

mlbonner

Beat me to it