defacto visa application-help!!!!
#1
Just Joined
Thread Starter
Joined: May 2003
Posts: 10
![kerstinschuetz is an unknown quantity at this point](https://britishexpats.com/forum/images/reputation/reputation_balance.gif)
![Default](https://britishexpats.com/forum/images/icons/icon1.gif)
I have an urgent question about a defacto relationship visa my partner and I are trying to apply for from the US. My partner and I have been together since December 2001, and living together for over 1 year, which is the requirement for being in a defacto relationship. When we first met he was already in the middle of divorce proceedings and officially sepaated for an extended period of time. The divorce proceedings were however only finalised in December 2002. Does this mean that we cannot count our relationship as defacto anymore, even though we have been living together in a marriage like relationship during the time of the divorce proceedings? Can we only include the months since his divorce was officially finalized?
If this is true:
We would like to move to Australia at the end of the year. by then we would have ben living together or 1 year-post-divorce. is it possible to submit our application then, but move to Australia while the application is being processed, with him on a tourist visa
We really don't want to have to spend any extended time apart. Our relationship comes before anything else, even if we can't go to Australia in the end. I'm really worried about all of this now. I guess he can always try to be sponsored by his employer, but it would still not be permanent, and we really want to settle down in Australia, where I have spent most of my life. My work visa in the US is running out, too. One way or the other we'll have problems.
Does anyone have an answer to this? any other useful hints for lodging this type of visa application? We would really appreciate any advice. Thanks!
Kerstin
If this is true:
We would like to move to Australia at the end of the year. by then we would have ben living together or 1 year-post-divorce. is it possible to submit our application then, but move to Australia while the application is being processed, with him on a tourist visa
We really don't want to have to spend any extended time apart. Our relationship comes before anything else, even if we can't go to Australia in the end. I'm really worried about all of this now. I guess he can always try to be sponsored by his employer, but it would still not be permanent, and we really want to settle down in Australia, where I have spent most of my life. My work visa in the US is running out, too. One way or the other we'll have problems.
Does anyone have an answer to this? any other useful hints for lodging this type of visa application? We would really appreciate any advice. Thanks!
Kerstin
![kerstinschuetz is offline](https://britishexpats.com/forum/images/statusicon/user_offline.gif)
#2
![Default](https://britishexpats.com/forum/images/icons/icon1.gif)
You best bet would probably be to contact your nearest DIMA office and ask them. As long as you have proof that you have been living together during/since his divorce, there shouldn't be a problem, although DIMA might say that because he was still married that time won't count towards de facto.
You may also be able to get a bridging visa whilst waiting for your main application to be processed.
If you can, avoid the tourist visa. I was told by DIMA in UK to go this route and have had nothing but hassle for the past year because of it. A long stay tourist visa lasts for 6 months and you would then have to leave Oz. You could fly to NZ, but to get into NZ you must have a flight out. If the return flight is for Oz, you must have a valid visa to reutn or they won't let you on the plane - I found that out the last time I flew to NZ. It was a complete nightmare!!
I'm not being much help, am I
SORRY!
Definitely get in touch with DIMA and explain the situation. I found it better to actually go to the DIMA office and speak to someone.
You may also be able to get a bridging visa whilst waiting for your main application to be processed.
If you can, avoid the tourist visa. I was told by DIMA in UK to go this route and have had nothing but hassle for the past year because of it. A long stay tourist visa lasts for 6 months and you would then have to leave Oz. You could fly to NZ, but to get into NZ you must have a flight out. If the return flight is for Oz, you must have a valid visa to reutn or they won't let you on the plane - I found that out the last time I flew to NZ. It was a complete nightmare!!
I'm not being much help, am I
![Confused](https://britishexpats.com/forum/images/smilies/confused.gif)
Definitely get in touch with DIMA and explain the situation. I found it better to actually go to the DIMA office and speak to someone.
![Nix is offline](https://britishexpats.com/forum/images/statusicon/user_offline.gif)