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questions about Defacto Visa

questions about Defacto Visa

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Old Jul 18th 2004, 12:32 pm
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Question questions about Defacto Visa

I'm an Australian Citizen and my partner is Scottish. We have been living together for 1.5 years and have been together for over 2 years. We are going to be applying for a defacto visa next month and have the following questions:<br>
1. We have been living in Australia since May 2003. My partner is on a long validity short stay business (which means he can live in Australia for 3 months, he cannot earn money and he has to be doing something to do with a business, ie attending meetings, working on a specialist project. He is working on a specialist project and has not earnt any money while being here). Every 3 months he goes to New Zealand for a fews days and comes back. Will this be an issue in applying for a Visa. One lady at Dimia said it was a MAJOR problem. I called back and spoke to someone else who said it wasn't, BUT wanted his passport number. I don't think it should be, because I don't think he is doing anything wrong, but after this one lady said it was a problem I am getting paranoid<br>
2. We have joint bank accounts/credit cards accounts, will have a joint 12 months lease in August, as well as Stat Decs from both sets of parents, siblings and friends...what we are wondering is, should we get a lawyer? We will be able to do all the paper work outselves but are worried that their is something we may have forgotton, ect? <br>
3. My mothers stat decs are signed by a Police officer, not a solicitor. All the threads mention solicitors having to do it, has anyone got a cop to do it, and has this been okay???<br>
if anyone has any advise of any of these that would be great! Thanks....
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Old Jul 18th 2004, 2:09 pm
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Default Re: questions about Defacto Visa

Originally posted by underanna
I'm an Australian Citizen and my partner is Scottish. We have been living together for 1.5 years and have been together for over 2 years. We are going to be applying for a defacto visa next month and have the following questions:<br>
1. We have been living in Australia since May 2003. My partner is on a long validity short stay business (which means he can live in Australia for 3 months, he cannot earn money and he has to be doing something to do with a business, ie attending meetings, working on a specialist project. He is working on a specialist project and has not earnt any money while being here). Every 3 months he goes to New Zealand for a fews days and comes back. Will this be an issue in applying for a Visa. One lady at Dimia said it was a MAJOR problem. I called back and spoke to someone else who said it wasn't, BUT wanted his passport number. I don't think it should be, because I don't think he is doing anything wrong, but after this one lady said it was a problem I am getting paranoid<br>
2. We have joint bank accounts/credit cards accounts, will have a joint 12 months lease in August, as well as Stat Decs from both sets of parents, siblings and friends...what we are wondering is, should we get a lawyer? We will be able to do all the paper work outselves but are worried that their is something we may have forgotton, ect? <br>
3. My mothers stat decs are signed by a Police officer, not a solicitor. All the threads mention solicitors having to do it, has anyone got a cop to do it, and has this been okay???<br>
if anyone has any advise of any of these that would be great! Thanks....
Sorry don't know all the answers here, but would suggest posting this post on the Immigration Forum.

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Old Jul 18th 2004, 2:31 pm
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Right, answers to your questions from a fellow de facto applicant!

About NZ - one of the immi specialists on this forum would know for certain, but I couldn't see this being a problem. My mate got married last year to and aussie, in Sydney, having spent a year and a half going to NZ every 3 months to renew her ETA (tourist visa). Wasn't a problem for her.

Lawyer - the de facto application is easy, the forms are straightforward, and it sounds like you already have most of the evidence you need. You don't need a lawyer for a de facto application unless you've got some big problem like children from another relationship or serious medical issues etc. Most people doing de facto wouldn't use a lawyer.

Stat decs can be signed by police officers in Oz. The reason everyone goes on about solicitors signing stat decs is that they are usually writing from the UK, where it is best to get a solicitor to do the signing.

Hope that helps!
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Old Jul 18th 2004, 3:16 pm
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Originally posted by bundy
Right, answers to your questions from a fellow de facto applicant!

About NZ - one of the immi specialists on this forum would know for certain, but I couldn't see this being a problem. My mate got married last year to and aussie, in Sydney, having spent a year and a half going to NZ every 3 months to renew her ETA (tourist visa). Wasn't a problem for her.

Lawyer - the de facto application is easy, the forms are straightforward, and it sounds like you already have most of the evidence you need. You don't need a lawyer for a de facto application unless you've got some big problem like children from another relationship or serious medical issues etc. Most people doing de facto wouldn't use a lawyer.

Stat decs can be signed by police officers in Oz. The reason everyone goes on about solicitors signing stat decs is that they are usually writing from the UK, where it is best to get a solicitor to do the signing.

Hope that helps!

I have just about had a panic attack.

The letters that we are getting from family and friends, do they need to be a stat dec??

So far, we have gathered about 5 different letters from people, all with their contact details on, but they are just that, letters.

Help!!
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Old Jul 18th 2004, 3:24 pm
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Originally posted by Hels
I have just about had a panic attack.

The letters that we are getting from family and friends, do they need to be a stat dec??

So far, we have gathered about 5 different letters from people, all with their contact details on, but they are just that, letters.

Help!!

Yup, they will need to be Stat Decs
To support defacto visa,


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Old Jul 18th 2004, 3:26 pm
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Originally posted by Jacko1
Yup, they will need to be Stat Decs
To support defacto visa,


PJ

OMG...that is a tragedy!! :scared:

Panic really gonna kick in now.....

Thanks




Edit: Oh wait...will that be the same for a married spouse? ~hopeful look~
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Old Jul 18th 2004, 3:52 pm
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Originally posted by Hels
OMG...that is a tragedy!! :scared:

Panic really gonna kick in now.....

Thanks




Edit: Oh wait...will that be the same for a married spouse? ~hopeful look~

Yep.
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Old Jul 18th 2004, 3:58 pm
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Originally posted by bundy
Yep.

Ok...panic over....anger setting in now....

Why the hell have I paid £500 odd for a Migration agent?? Shouldnt this be the kind of thing they tell you???

Bloody hell................


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Old Jul 18th 2004, 4:05 pm
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Originally posted by Hels
Ok...panic over....anger setting in now....

Why the hell have I paid £500 odd for a Migration agent?? Shouldnt this be the kind of thing they tell you???

Bloody hell................


The rules are a bit vague...can't look them up because the DIMIA website appears to be down, but from memory, you need to have stat decs from at least two aussies for a spouse visa. Of course, people put loads in, from all kinds of friends and relatives....if it's not done as a stat dec and signed by someome official, it's basically not worth the paper it's written on. I'd have a word with your agent!
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Old Jul 18th 2004, 4:11 pm
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Originally posted by bundy
The rules are a bit vague...can't look them up because the DIMIA website appears to be down, but from memory, you need to have stat decs from at least two aussies for a spouse visa. Of course, people put loads in, from all kinds of friends and relatives....if it's not done as a stat dec and signed by someome official, it's basically not worth the paper it's written on. I'd have a word with your agent!

I just went and pulled out the paperwork they sent us with the list and description of everything that needs to accompany our application. This is what it says about this:

Statements(supported by photographs if available) by parents, family members, relatives, and friends confirming their relationship to you, their assessment of how you met and the nature of your relationship, social functions you have attended in their presence, their understanding of your situation and plans etc.


I have sent emails of the letters that friends have written and was told they were fine and that they just needed to be signed and sent.

I will NOT be a happy camper if they screw this application up for us....
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Old Jul 18th 2004, 4:13 pm
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Originally posted by Hels
I just went and pulled out the paperwork they sent us with the list and description of everything that needs to accompany our application. This is what it says about this:

Statements(supported by photographs if available) by parents, family members, relatives, and friends confirming their relationship to you, their assessment of how you met and the nature of your relationship, social functions you have attended in their presence, their understanding of your situation and plans etc.


I have sent emails of the letters that friends have written and was told they were fine and that they just needed to be signed and sent.

I will NOT be a happy camper if they screw this application up for us....

Try not to panic too much. They're only supporting docs after all, not the main part of your application.
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Old Jul 18th 2004, 4:16 pm
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Originally posted by bundy
Try not to panic too much. They're only supporting docs after all, not the main part of your application.

I just hate it...I thought I had everything organised...everything just as it should be....yanno?

I just cant NOT have this visa go through....I so desperatly need to be home in Oz asap....

Thanks anyway....will email the Agents and see what they have to say for themselves....

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Old Jul 18th 2004, 4:28 pm
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Originally posted by Hels
I just hate it...I thought I had everything organised...everything just as it should be....yanno?

I just cant NOT have this visa go through....I so desperatly need to be home in Oz asap....

Thanks anyway....will email the Agents and see what they have to say for themselves....


If they decide they need more evidence, they'll ask for it, so don't worry too much
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Old Jul 18th 2004, 9:09 pm
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Hels the stat dec requirement for offshore partner visas is a grey area and the statements you provided should suffice. Technically they should be stat decs but Dimia may well give you some leeway. Your application will not fail on this point and if DIMIA are not satified they will ask for more information.
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Old Jul 18th 2004, 9:12 pm
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Originally posted by bondipom
Hels the stat dec requirement for offshore partner visas is a grey area and the statements you provided should suffice. Technically they should be stat decs but Dimia may well give you some leeway. Your application will not fail on this point and if DIMIA are not satified they will ask for more information.

Thanks for that....both you and bundy have been great.

I just hope they dont want more info and hold up them granting the visa...we are on such a tight schedule...

I guess, things will work out one way or another....

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