converting a WHV to defacto spouse visa
Aug 4th 2004, 11:28 pm
#1
Forum Regular
Thread Starter
Joined: Dec 2003
Posts: 77
converting a WHV to defacto spouse visa
Hi
Can any helpful folk out there offer advice about converting my Working Holiday visa to a defacto spouse visa…
The background: I am currently in Australia on a working holiday visa. While I have been applying for temp work I have been offered the opportunity of a 12 month contract, which I am very interested in. Clearly my WHV restricts me to working for only three months and I have NO intention of breaking these conditions. However I am currently in a defacto relationship with an Australian Permanent resident. We have been a couple for two years although (due to work commitments) we have only lived together for one year. As we had no plans to move to Australia until late last year, we haven’t always collected evidence of our relationship and so the evidence we had for living together last Summer is patchy…. since Nov 2003, when I started to deliberately collect evidence I have filled a box file full of joint bills/documents… on the other hand we have emails and postcards dating back to Christmas 2002, evidence that we’ve attended family/friends dos together since October 2002 (we have been to more weddings than J-Lo in the past couple of years), evidence of a joint holiday last August and we can show we’ve been sharing shopping bills since early last year, even when we weren’t officially living together.
So (finally!) my question is:
If I do go ahead and apply for my defacto visa in the next couple of months, (earlier than I planned due to current job situation) I realise I could be a borderline case, on the basis of the evidence I’m providing. What would happen if I did take the current 12 month job and there was a delay in my visa being granted…would I have to resign at the end of three months? Also, roughly how long are front loaded onshore applications taking to process at the moment?
Cheers!
L
Can any helpful folk out there offer advice about converting my Working Holiday visa to a defacto spouse visa…
The background: I am currently in Australia on a working holiday visa. While I have been applying for temp work I have been offered the opportunity of a 12 month contract, which I am very interested in. Clearly my WHV restricts me to working for only three months and I have NO intention of breaking these conditions. However I am currently in a defacto relationship with an Australian Permanent resident. We have been a couple for two years although (due to work commitments) we have only lived together for one year. As we had no plans to move to Australia until late last year, we haven’t always collected evidence of our relationship and so the evidence we had for living together last Summer is patchy…. since Nov 2003, when I started to deliberately collect evidence I have filled a box file full of joint bills/documents… on the other hand we have emails and postcards dating back to Christmas 2002, evidence that we’ve attended family/friends dos together since October 2002 (we have been to more weddings than J-Lo in the past couple of years), evidence of a joint holiday last August and we can show we’ve been sharing shopping bills since early last year, even when we weren’t officially living together.
So (finally!) my question is:
If I do go ahead and apply for my defacto visa in the next couple of months, (earlier than I planned due to current job situation) I realise I could be a borderline case, on the basis of the evidence I’m providing. What would happen if I did take the current 12 month job and there was a delay in my visa being granted…would I have to resign at the end of three months? Also, roughly how long are front loaded onshore applications taking to process at the moment?
Cheers!
L
Aug 4th 2004, 11:44 pm
#2
part-time Visa Angel!
Joined: Oct 2003
Location: half marathon runner!
Posts: 4,458
Re: converting a WHV to defacto spouse visa
Originally posted by linnie2003
Hi
Can any helpful folk out there offer advice about converting my Working Holiday visa to a defacto spouse visa…
The background: I am currently in Australia on a working holiday visa. While I have been applying for temp work I have been offered the opportunity of a 12 month contract, which I am very interested in. Clearly my WHV restricts me to working for only three months and I have NO intention of breaking these conditions. However I am currently in a defacto relationship with an Australian Permanent resident. We have been a couple for two years although (due to work commitments) we have only lived together for one year. As we had no plans to move to Australia until late last year, we haven’t always collected evidence of our relationship and so the evidence we had for living together last Summer is patchy…. since Nov 2003, when I started to deliberately collect evidence I have filled a box file full of joint bills/documents… on the other hand we have emails and postcards dating back to Christmas 2002, evidence that we’ve attended family/friends dos together since October 2002 (we have been to more weddings than J-Lo in the past couple of years), evidence of a joint holiday last August and we can show we’ve been sharing shopping bills since early last year, even when we weren’t officially living together.
So (finally!) my question is:
If I do go ahead and apply for my defacto visa in the next couple of months, (earlier than I planned due to current job situation) I realise I could be a borderline case, on the basis of the evidence I’m providing. What would happen if I did take the current 12 month job and there was a delay in my visa being granted…would I have to resign at the end of three months? Also, roughly how long are front loaded onshore applications taking to process at the moment?
Cheers!
L
Hi
Can any helpful folk out there offer advice about converting my Working Holiday visa to a defacto spouse visa…
The background: I am currently in Australia on a working holiday visa. While I have been applying for temp work I have been offered the opportunity of a 12 month contract, which I am very interested in. Clearly my WHV restricts me to working for only three months and I have NO intention of breaking these conditions. However I am currently in a defacto relationship with an Australian Permanent resident. We have been a couple for two years although (due to work commitments) we have only lived together for one year. As we had no plans to move to Australia until late last year, we haven’t always collected evidence of our relationship and so the evidence we had for living together last Summer is patchy…. since Nov 2003, when I started to deliberately collect evidence I have filled a box file full of joint bills/documents… on the other hand we have emails and postcards dating back to Christmas 2002, evidence that we’ve attended family/friends dos together since October 2002 (we have been to more weddings than J-Lo in the past couple of years), evidence of a joint holiday last August and we can show we’ve been sharing shopping bills since early last year, even when we weren’t officially living together.
So (finally!) my question is:
If I do go ahead and apply for my defacto visa in the next couple of months, (earlier than I planned due to current job situation) I realise I could be a borderline case, on the basis of the evidence I’m providing. What would happen if I did take the current 12 month job and there was a delay in my visa being granted…would I have to resign at the end of three months? Also, roughly how long are front loaded onshore applications taking to process at the moment?
Cheers!
L
Hi
One of the key things to applying sucessfully for a defacto visa is that you do have 12 months defacto relationship as a minimum and you can prove this. Dont forget that Stat Decs can help. As a first step I'd have a look at Booklet One, as a lot of what you need is covered there.
http://dima.cardgate.net/Partner_Migration/1127.pdf
If you did go ahead and apply & your WHV ran out before you got a defacto visa then you would need a bridging visa - not all bridiging visas have work rights. I don't know the problems this may incur, or exactly how you go about applying for a bridging visa with work rights. You might be wise to talk to an agent as if you get it wrong and even accidentally end up breaking the regulations, I think you could risk having you present visa revoked and not being eligible for another one.
I dont know how long onshore applications take, but the official take is for offshore at least is 4 months max.
Cheers
Aug 4th 2004, 11:51 pm
#3
Forum Regular
Joined: Jul 2004
Location: Melbourne!
Posts: 34
Re: converting a WHV to defacto spouse visa
Originally posted by linnie2003
Hi
Can any helpful folk out there offer advice about converting my Working Holiday visa to a defacto spouse visa…
The background: I am currently in Australia on a working holiday visa. While I have been applying for temp work I have been offered the opportunity of a 12 month contract, which I am very interested in. Clearly my WHV restricts me to working for only three months and I have NO intention of breaking these conditions. However I am currently in a defacto relationship with an Australian Permanent resident. We have been a couple for two years although (due to work commitments) we have only lived together for one year. As we had no plans to move to Australia until late last year, we haven’t always collected evidence of our relationship and so the evidence we had for living together last Summer is patchy…. since Nov 2003, when I started to deliberately collect evidence I have filled a box file full of joint bills/documents… on the other hand we have emails and postcards dating back to Christmas 2002, evidence that we’ve attended family/friends dos together since October 2002 (we have been to more weddings than J-Lo in the past couple of years), evidence of a joint holiday last August and we can show we’ve been sharing shopping bills since early last year, even when we weren’t officially living together.
So (finally!) my question is:
If I do go ahead and apply for my defacto visa in the next couple of months, (earlier than I planned due to current job situation) I realise I could be a borderline case, on the basis of the evidence I’m providing. What would happen if I did take the current 12 month job and there was a delay in my visa being granted…would I have to resign at the end of three months? Also, roughly how long are front loaded onshore applications taking to process at the moment?
Cheers!
L
Hi
Can any helpful folk out there offer advice about converting my Working Holiday visa to a defacto spouse visa…
The background: I am currently in Australia on a working holiday visa. While I have been applying for temp work I have been offered the opportunity of a 12 month contract, which I am very interested in. Clearly my WHV restricts me to working for only three months and I have NO intention of breaking these conditions. However I am currently in a defacto relationship with an Australian Permanent resident. We have been a couple for two years although (due to work commitments) we have only lived together for one year. As we had no plans to move to Australia until late last year, we haven’t always collected evidence of our relationship and so the evidence we had for living together last Summer is patchy…. since Nov 2003, when I started to deliberately collect evidence I have filled a box file full of joint bills/documents… on the other hand we have emails and postcards dating back to Christmas 2002, evidence that we’ve attended family/friends dos together since October 2002 (we have been to more weddings than J-Lo in the past couple of years), evidence of a joint holiday last August and we can show we’ve been sharing shopping bills since early last year, even when we weren’t officially living together.
So (finally!) my question is:
If I do go ahead and apply for my defacto visa in the next couple of months, (earlier than I planned due to current job situation) I realise I could be a borderline case, on the basis of the evidence I’m providing. What would happen if I did take the current 12 month job and there was a delay in my visa being granted…would I have to resign at the end of three months? Also, roughly how long are front loaded onshore applications taking to process at the moment?
Cheers!
L
Aug 5th 2004, 1:13 am
#4
Retired
Joined: Apr 2004
Posts: 34,649
Re: converting a WHV to defacto spouse visa
It's probably worth getting some advice professionally on the migration issues.
You are limited to 3 months on the WHV - don't even think of breaking this rule.
Sources to get immigration advice could include IARC or RILC:
http://www.iarc.asn.au
http://www.rilc.org.au
When applying for a spouse visa:
- whatever you do, don't let yourself become unlawful before applying for a spouse visa (total mess ... )
- if you apply while on a WHV, any bridging visa will carry the same conditions as the WHV. You may be able to get unrestricted work rights on a bridging visa, but would have to make a case to DIMIA
- the Bridging Visa A you get after lodging an onshore application while legal does not allow travel - you need a Bridging Visa B if you want to leave Australia for *any* reason (even a holiday).
Jeremy
You are limited to 3 months on the WHV - don't even think of breaking this rule.
Sources to get immigration advice could include IARC or RILC:
http://www.iarc.asn.au
http://www.rilc.org.au
When applying for a spouse visa:
- whatever you do, don't let yourself become unlawful before applying for a spouse visa (total mess ... )
- if you apply while on a WHV, any bridging visa will carry the same conditions as the WHV. You may be able to get unrestricted work rights on a bridging visa, but would have to make a case to DIMIA
- the Bridging Visa A you get after lodging an onshore application while legal does not allow travel - you need a Bridging Visa B if you want to leave Australia for *any* reason (even a holiday).
Jeremy
Originally posted by linnie2003
Hi
Can any helpful folk out there offer advice about converting my Working Holiday visa to a defacto spouse visa…
The background: I am currently in Australia on a working holiday visa. While I have been applying for temp work I have been offered the opportunity of a 12 month contract, which I am very interested in. Clearly my WHV restricts me to working for only three months and I have NO intention of breaking these conditions. However I am currently in a defacto relationship with an Australian Permanent resident. We have been a couple for two years although (due to work commitments) we have only lived together for one year. As we had no plans to move to Australia until late last year, we haven’t always collected evidence of our relationship and so the evidence we had for living together last Summer is patchy…. since Nov 2003, when I started to deliberately collect evidence I have filled a box file full of joint bills/documents… on the other hand we have emails and postcards dating back to Christmas 2002, evidence that we’ve attended family/friends dos together since October 2002 (we have been to more weddings than J-Lo in the past couple of years), evidence of a joint holiday last August and we can show we’ve been sharing shopping bills since early last year, even when we weren’t officially living together.
So (finally!) my question is:
If I do go ahead and apply for my defacto visa in the next couple of months, (earlier than I planned due to current job situation) I realise I could be a borderline case, on the basis of the evidence I’m providing. What would happen if I did take the current 12 month job and there was a delay in my visa being granted…would I have to resign at the end of three months? Also, roughly how long are front loaded onshore applications taking to process at the moment?
Cheers!
L
Hi
Can any helpful folk out there offer advice about converting my Working Holiday visa to a defacto spouse visa…
The background: I am currently in Australia on a working holiday visa. While I have been applying for temp work I have been offered the opportunity of a 12 month contract, which I am very interested in. Clearly my WHV restricts me to working for only three months and I have NO intention of breaking these conditions. However I am currently in a defacto relationship with an Australian Permanent resident. We have been a couple for two years although (due to work commitments) we have only lived together for one year. As we had no plans to move to Australia until late last year, we haven’t always collected evidence of our relationship and so the evidence we had for living together last Summer is patchy…. since Nov 2003, when I started to deliberately collect evidence I have filled a box file full of joint bills/documents… on the other hand we have emails and postcards dating back to Christmas 2002, evidence that we’ve attended family/friends dos together since October 2002 (we have been to more weddings than J-Lo in the past couple of years), evidence of a joint holiday last August and we can show we’ve been sharing shopping bills since early last year, even when we weren’t officially living together.
So (finally!) my question is:
If I do go ahead and apply for my defacto visa in the next couple of months, (earlier than I planned due to current job situation) I realise I could be a borderline case, on the basis of the evidence I’m providing. What would happen if I did take the current 12 month job and there was a delay in my visa being granted…would I have to resign at the end of three months? Also, roughly how long are front loaded onshore applications taking to process at the moment?
Cheers!
L
Aug 5th 2004, 4:37 am
#5
Just Joined
Joined: Jul 2002
Posts: 11
Re: converting a WHV to defacto spouse visa
Hi,
I've been in a somewhat similar boat. I came over to Oz to live with my partner on a WHV, we are just about ready to apply for my permanent residency via the de facto route. I also got offered a permanent job.
So what I did was get the company to sponsor me, and now I'm on a business sponsorship visa.
Basically it comes down to that if you can get a job offer you can arrange sponsorship.
Might that be an option for you?
I've been in a somewhat similar boat. I came over to Oz to live with my partner on a WHV, we are just about ready to apply for my permanent residency via the de facto route. I also got offered a permanent job.
So what I did was get the company to sponsor me, and now I'm on a business sponsorship visa.
Basically it comes down to that if you can get a job offer you can arrange sponsorship.
Might that be an option for you?
Originally posted by linnie2003
Hi
Can any helpful folk out there offer advice about converting my Working Holiday visa to a defacto spouse visa…
The background: I am currently in Australia on a working holiday visa. While I have been applying for temp work I have been offered the opportunity of a 12 month contract, which I am very interested in. Clearly my WHV restricts me to working for only three months and I have NO intention of breaking these conditions. However I am currently in a defacto relationship with an Australian Permanent resident. We have been a couple for two years although (due to work commitments) we have only lived together for one year. As we had no plans to move to Australia until late last year, we haven’t always collected evidence of our relationship and so the evidence we had for living together last Summer is patchy…. since Nov 2003, when I started to deliberately collect evidence I have filled a box file full of joint bills/documents… on the other hand we have emails and postcards dating back to Christmas 2002, evidence that we’ve attended family/friends dos together since October 2002 (we have been to more weddings than J-Lo in the past couple of years), evidence of a joint holiday last August and we can show we’ve been sharing shopping bills since early last year, even when we weren’t officially living together.
So (finally!) my question is:
If I do go ahead and apply for my defacto visa in the next couple of months, (earlier than I planned due to current job situation) I realise I could be a borderline case, on the basis of the evidence I’m providing. What would happen if I did take the current 12 month job and there was a delay in my visa being granted…would I have to resign at the end of three months? Also, roughly how long are front loaded onshore applications taking to process at the moment?
Cheers!
L
Hi
Can any helpful folk out there offer advice about converting my Working Holiday visa to a defacto spouse visa…
The background: I am currently in Australia on a working holiday visa. While I have been applying for temp work I have been offered the opportunity of a 12 month contract, which I am very interested in. Clearly my WHV restricts me to working for only three months and I have NO intention of breaking these conditions. However I am currently in a defacto relationship with an Australian Permanent resident. We have been a couple for two years although (due to work commitments) we have only lived together for one year. As we had no plans to move to Australia until late last year, we haven’t always collected evidence of our relationship and so the evidence we had for living together last Summer is patchy…. since Nov 2003, when I started to deliberately collect evidence I have filled a box file full of joint bills/documents… on the other hand we have emails and postcards dating back to Christmas 2002, evidence that we’ve attended family/friends dos together since October 2002 (we have been to more weddings than J-Lo in the past couple of years), evidence of a joint holiday last August and we can show we’ve been sharing shopping bills since early last year, even when we weren’t officially living together.
So (finally!) my question is:
If I do go ahead and apply for my defacto visa in the next couple of months, (earlier than I planned due to current job situation) I realise I could be a borderline case, on the basis of the evidence I’m providing. What would happen if I did take the current 12 month job and there was a delay in my visa being granted…would I have to resign at the end of three months? Also, roughly how long are front loaded onshore applications taking to process at the moment?
Cheers!
L
