Best Visa to go for - De Facto or skilled?

Old Oct 26th 2011, 10:40 am
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Default Best Visa to go for - De Facto or skilled?

Hi,

I've been living with my Australian girlfriend in the UK for about 6 years now. She originally came over here on a skilled work permit for a couple of years (she's a Geologist) and when that expired, she gained permanent leave to remain in the UK on the strength of our relationship since we were already living together for over a year.

We've got a mortgage together, loads of household bills in both our names and I would hope it'll be quite straightforward to show that we're in a genuine relationship (like I said we've already done that in the UK).

Anyway we've decided that it's time to move to Australia - my girlfriend is from Victoria and she really misses home.

I'm 31 years old and a Chartered Accountant. A guy at work who's about 38 is moving to Oz in the new year, and he's been sponsored by NSW on the strength of his accountancy qualifications. It's been a long old slog for him to get the Visa though.

My question is, which route would you think I should go down - is the De Facto route quicker / easier than skilled migrant?

Also, we've just started trying for a baby - would it be likely to make any difference if we had children together / were married, or does that not come into it?

Thanks for your help and advice,

Peter
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Old Oct 26th 2011, 11:10 am
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Default Re: Best Visa to go for - De Facto or skilled?

The length of time you've been together you would get immediate PR on the Defacto. It would take roughly 5-6 months. Much easier and far more straightforward than trying to go the Skilled route.
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Old Oct 26th 2011, 11:17 am
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Default Re: Best Visa to go for - De Facto or skilled?

Originally Posted by phillips_75
Hi,

I've been living with my Australian girlfriend in the UK for about 6 years now. She originally came over here on a skilled work permit for a couple of years (she's a Geologist) and when that expired, she gained permanent leave to remain in the UK on the strength of our relationship since we were already living together for over a year.

We've got a mortgage together, loads of household bills in both our names and I would hope it'll be quite straightforward to show that we're in a genuine relationship (like I said we've already done that in the UK).

Anyway we've decided that it's time to move to Australia - my girlfriend is from Victoria and she really misses home.

I'm 31 years old and a Chartered Accountant. A guy at work who's about 38 is moving to Oz in the new year, and he's been sponsored by NSW on the strength of his accountancy qualifications. It's been a long old slog for him to get the Visa though.

My question is, which route would you think I should go down - is the De Facto route quicker / easier than skilled migrant?

Also, we've just started trying for a baby - would it be likely to make any difference if we had children together / were married, or does that not come into it?

Thanks for your help and advice,

Peter
Hi Peter! Welcome!

I believe the general consensus is that a partner visa is quicker, cheaper and less hassle, assuming you meet all the partner requirements, which it looks like you do with no trouble. As long as you have a clear cut case, I don't think it makes any difference whether you are married or have kids. There is a caveat that having kids gets you the PR quicker (as opposed to the provisional permanent residency), but I think you have been together long enough to go straight to PR anyway.

I'm sure others will have points to add, or be able to correct me if I am wrong.

Whatever you do, good luck!
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Old Oct 26th 2011, 11:22 am
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Default Re: Best Visa to go for - De Facto or skilled?

Two years living together with a child or five years living together without a child will give PR.
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Old Oct 26th 2011, 12:34 pm
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Default Re: Best Visa to go for - De Facto or skilled?

Moneypenny, I didn't see you'd replied before I had, and yes...

Originally Posted by moneypenny20
Two years living together with a child or five years living together without a child will give PR.
...that's the bunny!
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Old Oct 26th 2011, 2:00 pm
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Default Re: Best Visa to go for - De Facto or skilled?

Thanks for the advice, much appreciated. I'll start taking a proper look at the de facto tonight - next Christmas is our target and hopefully that should be very realistic from what I've heard here so far.
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Old Oct 26th 2011, 7:44 pm
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Default Re: Best Visa to go for - De Facto or skilled?

Originally Posted by phillips_75
Thanks for the advice, much appreciated. I'll start taking a proper look at the de facto tonight - next Christmas is our target and hopefully that should be very realistic from what I've heard here so far.
http://www.immi.gov.au/allforms/booklets/books1.htm

Read the booklet inside out, follow all the instructions, and you should be fine
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Old Oct 27th 2011, 12:20 am
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Default Re: Best Visa to go for - De Facto or skilled?

Originally Posted by moneypenny20
Two years living together with a child or five years living together without a child will give PR.
I believe the changed rule is now 3 years without children.


Although this doesnt change things for the op, someone else may be glad of the change.

to the OP good luck
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Old Oct 27th 2011, 12:39 am
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Default Re: Best Visa to go for - De Facto or skilled?

Originally Posted by GoldCoastMag
I believe the changed rule is now 3 years without children.


Although this doesnt change things for the op, someone else may be glad of the change.

to the OP good luck
Yup, you're right, thanks.
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Old Oct 27th 2011, 5:49 am
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Default Re: Best Visa to go for - De Facto or skilled?

Originally Posted by phillips_75
Thanks for the advice, much appreciated. I'll start taking a proper look at the de facto tonight - next Christmas is our target and hopefully that should be very realistic from what I've heard here so far.
Has your Australian partner obtained British citizenship? If not, then it would be a good idea for her to do so even if you think now that you're future is only in Australia. It'll give options in the future. It sounds like she would be eligible, depending on time spent outside UK in the last 3 years.
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Old Oct 27th 2011, 8:38 am
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Default Re: Best Visa to go for - De Facto or skilled?

roaringmouse - No she hasn't got full British Citizenship, so yeah that's something else we should probably look into, just to give us both options in future. It makes sense.

She hasn't spent a great deal of time outside the UK - just a couple of two week trips back home, a week here or there in Mallorca or similar. I've heard it's a pretty tricky process but we need to start moving on it.
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Old Oct 27th 2011, 10:45 am
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Default Re: Best Visa to go for - De Facto or skilled?

Originally Posted by phillips_75
roaringmouse - No she hasn't got full British Citizenship, so yeah that's something else we should probably look into, just to give us both options in future. It makes sense.

She hasn't spent a great deal of time outside the UK - just a couple of two week trips back home, a week here or there in Mallorca or similar. I've heard it's a pretty tricky process but we need to start moving on it.
Applying for citizenship is probably more straight forward then applying for a UK visa. I think it takes around 3-4 months (they say most are processed within 6 months) and there's a citizenship ceremony to attend. It's advisable to use the document checking service that a number of councils have for citizenship applications. You don't have to live in the council area that you go to if using this service.
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Old Oct 27th 2011, 1:02 pm
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Default Re: Best Visa to go for - De Facto or skilled?

Thanks roaringmouse, we'll take a look at that asap
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