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-   -   Spouse Visa Circle - join here! (https://britishexpats.com/forum/barbie-92/spouse-visa-circle-join-here-424977/)

Timbo-Em Jan 24th 2008 1:28 am

Re: Spouse Visa Circle - join here!
 

Originally Posted by BeccaW (Post 5833461)
hmm ... yeh a tough one. I'm sure that was my first thought about the de-facto status "I don't have enough evidence", but after having a brief look again, it only says you have to have been living together for a year and prove your relationship is serious and ongoing. Ohh, I don't know what to do now. It would be so much easier to miss out a stage and it would save money too ... but a big risk.
any advice?
sounds like you're sticking with the PMV Jutang?
Timbo-Em do you have lost of evidence for your de-facto status?

Well i'm sticking to my guns because we're 24 and we want to move to oz (I have been in the UK for 3 years) and are not yet ready to get married. Our evidence isn't as good as some other peoples but I think there is enough to meet the dept's requirements which really aren't that tough.

jutang Jan 24th 2008 1:28 am

Re: Spouse Visa Circle - join here!
 

Originally Posted by BeccaW (Post 5833461)
hmm ... yeh a tough one. I'm sure that was my first thought about the de-facto status "I don't have enough evidence", but after having a brief look again, it only says you have to have been living together for a year and prove your relationship is serious and ongoing. Ohh, I don't know what to do now. It would be so much easier to miss out a stage and it would save money too ... but a big risk.
any advice?
sounds like you're sticking with the PMV Jutang?
Timbo-Em do you have lost of evidence for your de-facto status?

hey chick,

The temp visa one which tim is on about is for defacto and married peeps only, the interdependency and defacto has a 12 month being togther rule, the PMV doesnt have that clause, if you read all details closely you wil see. Stick with the PMV as that is the one which suits you as you have only been together so long and have little evidence, which is fine for PMV, if your CO thinks you can upgrade he will, if you have any doubts call immi, but do not worry, they are there to help and your CO wil see to it you get the right visa, just dont apply with the wrong visa as it will get rej, if you apply for PMV and it can be upgraded its fine, but if you apply for a defacto , they wont downgrade it. :thumbsup:

jutang Jan 24th 2008 1:30 am

Re: Spouse Visa Circle - join here!
 

Originally Posted by Timbo-Em (Post 5833484)
Well i'm sticking to my guns because we're 24 and we want to move to oz (I have been in the UK for 3 years) and are not yet ready to get married. Our evidence isn't as good as some other peoples but I think there is enough to meet the dept's requirements which really aren't that tough.

I would find out though what is classed as a defacto relationship - as it means common law partner and you need to be together for at least 7 years to be a defacto partner - im sure. Maybe an interdependant visa would be better for you as you have the 12 month thing going on - just remember they can reject you for sending in a visa you have little evidence for. I would have a word with immi and see what they think possibly ? :thumbsup:

Scubaemma Jan 24th 2008 1:33 am

Re: Spouse Visa Circle - join here!
 

Originally Posted by jutang (Post 5833494)
I would find out though what is classed as a defacto relationship - as it means common law partner and you need to be together for at least 7 years to be a defacto partner - im sure. Maybe an interdependant visa would be better for you as you have the 12 month thing going on - just remember they can reject you for sending in a visa you have little evidence for. I would have a word with immi and see what they think possibly ? :thumbsup:

For a spouse visa you have to be in a de-facto relationship for at least 12 months. So living together, sharing financial and emotional responsibilities etc. Doesn't have to be 7 years, just one...

Timbo-Em Jan 24th 2008 1:34 am

Re: Spouse Visa Circle - join here!
 

Originally Posted by jutang (Post 5833494)
I would find out though what is classed as a defacto relationship - as it means common law partner and you need to be together for at least 7 years to be a defacto partner - im sure. Maybe an interdependant visa would be better for you as you have the 12 month thing going on - just remember they can reject you for sending in a visa you have little evidence for. I would have a word with immi and see what they think possibly ? :thumbsup:

It clearly states on the website that to apply for the temp residency visa you need to be de-facto or married. Now if you are the latter the main requirement you must meet is the 12 month relationship requirement - nothing mentioned at all about 7 years or common law. You may be thinking of UK law.

Interdependency visas are for same sex couples.

BeccaW Jan 24th 2008 1:36 am

Re: Spouse Visa Circle - join here!
 

Originally Posted by jutang (Post 5833494)
I would find out though what is classed as a defacto relationship - as it means common law partner and you need to be together for at least 7 years to be a defacto partner - im sure. Maybe an interdependant visa would be better for you as you have the 12 month thing going on - just remember they can reject you for sending in a visa you have little evidence for. I would have a word with immi and see what they think possibly ? :thumbsup:

Yes I have just emailed immi because although that link Tombo sent over clearly says you need to have lived together for just 12 years, the Booklet 1 'suggests' heavily that de-facto means you are long term partners who haven't married.
I think it is wrong they should penalise you (more stages, more money) for having a wedding booked.

Yes I think I will do as you say Jutang, sorry Timbo, it's too much of a risk. I think I will stick with the PMV and hope I get an upgrade if my CO is nice.

Timbo-Em Jan 24th 2008 1:42 am

Re: Spouse Visa Circle - join here!
 

Originally Posted by BeccaW (Post 5833509)
Yes I have just emailed immi because although that link Tombo sent over clearly says you need to have lived together for just 12 years, the Booklet 1 'suggests' heavily that de-facto means you are long term partners who haven't married.
I think it is wrong they should penalise you (more stages, more money) for having a wedding booked.

Yes I think I will do as you say Jutang, sorry Timbo, it's too much of a risk. I think I will stick with the PMV and hope I get an upgrade if my CO is nice.

No need to apologise! It's your decision. The reason I am going for the temp residency is that we're not ready to be forced into marriage for the sake of a visa. If you were intending on getting married anyway then there's no big deal really.

You could also consider applying for an Australian working holiday visa then you can apply for temp residency once your in Australia when your relationship would be another year on an will have more supporting evidence.

jutang Jan 24th 2008 1:43 am

Re: Spouse Visa Circle - join here!
 

Originally Posted by BeccaW (Post 5833509)
Yes I have just emailed immi because although that link Tombo sent over clearly says you need to have lived together for just 12 years, the Booklet 1 'suggests' heavily that de-facto means you are long term partners who haven't married.
I think it is wrong they should penalise you (more stages, more money) for having a wedding booked.

Yes I think I will do as you say Jutang, sorry Timbo, it's too much of a risk. I think I will stick with the PMV and hope I get an upgrade if my CO is nice.

I think you are doing the right thing and if your CO upgrades you thats fab!! but to be safe, the PMV asks for alot less proof and your intention is to get married soon, so the PMV would be better for you , peeps in defacto relationships normally do not intend to marry anytime soon. So you dont want to mislead immi either. Having finished my application I am very happy with it and quite confident they wont need anymore proof, just need to pass my HEP B & C test now, im know im fine with reg to HIV as had that test for preconception reasons last month (as planning on a kiddling as soon as arrive in oz, wel start trying) but pannig myself , cos im a hypacondriac!!!!:eek:

jutang Jan 24th 2008 1:46 am

Re: Spouse Visa Circle - join here!
 

Originally Posted by Timbo-Em (Post 5833522)
No need to apologise! It's your decision. The reason I am going for the temp residency is that we're not ready to be forced into marriage for the sake of a visa. If you were intending on getting married anyway then there's no big deal really.

You could also consider applying for an Australian working holiday visa then you can apply for temp residency once your in Australia when your relationship would be another year on an will have more supporting evidence.

No worries, just best to go for the right visa as you have no intention to marry but we do and we dont want to mislead immi, She can go over on a whv but if customs has any suspicion she is entering Oz for different reasons than to work and travel, which she wil be, they wil deney access into Oz and prob ban her for a few years, depends if she wants take the risk. :thumbsup:

BeccaW Jan 24th 2008 1:47 am

Re: Spouse Visa Circle - join here!
 

Originally Posted by Timbo-Em (Post 5833522)
No need to apologise! It's your decision. The reason I am going for the temp residency is that we're not ready to be forced into marriage for the sake of a visa. If you were intending on getting married anyway then there's no big deal really.

You could also consider applying for an Australian working holiday visa then you can apply for temp residency once your in Australia when your relationship would be another year on an will have more supporting evidence.

Already had the Working Holiday Visa a long time ago!
Your idea about applying for the de-facto spouse visa sounds logical, but I am not sure. Have you applied already? when are you going to apply? I'd be interested to see what they say. I've been reading Booklet 1 as I'm talking to you and I can see what you mean. It would make a big difference because it means I only make one application to less hassle and less money.
Like I said, have emailed the immi so may see what they say, but wanted to send it all off on Monday! confused ... confused ...

jutang Jan 24th 2008 1:50 am

Re: Spouse Visa Circle - join here!
 

Originally Posted by BeccaW (Post 5833537)
Already had the Working Holiday Visa a long time ago!
Your idea about applying for the de-facto spouse visa sounds logical, but I am not sure. Have you applied already? when are you going to apply? I'd be interested to see what they say. I've been reading Booklet 1 as I'm talking to you and I can see what you mean. It would make a big difference because it means I only make one application to less hassle and less money.
Like I said, have emailed the immi so may see what they say, but wanted to send it all off on Monday! confused ... confused ...

yeh let us know what they say!! But im sure I do not fall under the defacto relationship thing, as we have never lived togthere on our own, we dont have any proof of life long commitment (except trying to buy a house) and getting married and the govt would never look @ us as common law, for example I wouldnt have rightd to OH property etc etc, like if you divorced. :curse:

BeccaW Jan 24th 2008 1:50 am

Re: Spouse Visa Circle - join here!
 

Originally Posted by jutang (Post 5833528)
I think you are doing the right thing and if your CO upgrades you thats fab!! but to be safe, the PMV asks for alot less proof and your intention is to get married soon, so the PMV would be better for you , peeps in defacto relationships normally do not intend to marry anytime soon. So you dont want to mislead immi either. Having finished my application I am very happy with it and quite confident they wont need anymore proof, just need to pass my HEP B & C test now, im know im fine with reg to HIV as had that test for preconception reasons last month (as planning on a kiddling as soon as arrive in oz, wel start trying) but pannig myself , cos im a hypacondriac!!!!:eek:

Ah! a very exciting year for you then! when and where are you getting married? where will you be living?

I think I will go with the PMV and hope for an upgrade to be on the safe side .. I won't sleep at night if I go for the other one! Have you heard of people getting upgraded before?

Timbo-Em Jan 24th 2008 1:51 am

Re: Spouse Visa Circle - join here!
 

Originally Posted by BeccaW (Post 5833537)
Already had the Working Holiday Visa a long time ago!
Your idea about applying for the de-facto spouse visa sounds logical, but I am not sure. Have you applied already? when are you going to apply? I'd be interested to see what they say. I've been reading Booklet 1 as I'm talking to you and I can see what you mean. It would make a big difference because it means I only make one application to less hassle and less money.
Like I said, have emailed the immi so may see what they say, but wanted to send it all off on Monday! confused ... confused ...

Well I would wait to hear from them then before you sent it off. I haven't applied yet and won't be for a couple of months. If you apply for the de-facto visa and there isn't enough evidence they will give you an opportunity to submit more, they won't just reject it and take your cash.

jutang Jan 24th 2008 1:51 am

Re: Spouse Visa Circle - join here!
 

Originally Posted by BeccaW (Post 5833537)
Already had the Working Holiday Visa a long time ago!
Your idea about applying for the de-facto spouse visa sounds logical, but I am not sure. Have you applied already? when are you going to apply? I'd be interested to see what they say. I've been reading Booklet 1 as I'm talking to you and I can see what you mean. It would make a big difference because it means I only make one application to less hassle and less money.
Like I said, have emailed the immi so may see what they say, but wanted to send it all off on Monday! confused ... confused ...

Just remember chicke, if you apply for defacto its oin the intention you have no intention to marry anytime soon ? Which is not the truth - misleading info can result in canx of visa, even when in Oz.

Timbo-Em Jan 24th 2008 1:54 am

Re: Spouse Visa Circle - join here!
 

Originally Posted by jutang (Post 5833556)
Just remember chicke, if you apply for defacto its oin the intention you have no intention to marry anytime soon ? Which is not the truth - misleading info can result in canx of visa, even when in Oz.

I think your jumping to conclusions there. Hardly seems she is certain she wants to get married in the next 9 months.


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