xzibit

I know there are plenty of defacto threads in here, and I have read about 50 or so today, but I'm still after a bit of advice as to the best way to proceed.

I got my 176 family sponsored visa November 2008, and validated that xmas, and returned in the new year and planned to move out 6 months later.
Upon my return to the UK after validating though, a girl who I'd been friends with for a while decided to tell me she'd like us to be more than friends.

Fast forward 2 years, and we're engaged and have been living together for the past 14 months.

Now, the company I worked for in the UK ran out of work in August, so I went across to Oz in September to look for work, and my fiance came out for a few weeks as she had never been. She loved the place, and we'd like to go out there to live. Due to me not having work here, we'd like to leave as soon after xmas as possible, which isn't a problem for me, but obviously she doesn't have a visa.

Now we could apply for a defacto visa from the UK, but it could take up to 6 months and I can't afford to be out of work for that long. The other option is to apply from Australia, and for her to enter Australia on a WHV, which will enable her to work when we arrive - but will they get funny about the fact she entered on the wrong visa? I mean, she is still worried about applying for the visa here, having it granted and then finding out she really doesn't like being that far from her family, so a WHV would allow her to try it for 3-4 months, and then apply for the defacto. Also, it's $700 cheaper to apply from Oz.

Is entering on a WHV wrong? Seeing as it is kind of what she'll be doing, as she won't know if she wants to be permanent until she's been there a few months.

Pollyana

If she enters on a WHV she just needs to do so in the knowledge that it is a temp visa and if for some reason the de facto application isn't filed before it expires, or isn't granted for some reason, then she will have to leave. As long as the main purpose of this trip is for a working holiday thats fine.
Its perfectly OK to apply for a de facto from a WHV if she decides once she is here that she wants to stay And as you say it will give her a chance to see what the country is like before she makes a final decision.

xzibit

Thanks for that. I just didn't want to be appearing on Border Control when they ask why I'm entering on a PR visa, and my fiance is coming in on a WHV.

In fact, we plan to both go out there on a working holiday to see if we like it, and when we decide we do, we'll apply for a defacto. We meet all the conditions, so don't see why they wouldn't grant it. If there was any kind of employment for Architects in the UK at the moment then we could stay 6 months and apply from here, but I can't sit here doing nothing for that long.

JenniGee

I'll tell you what confuses me whenever we talk about these visas where you have to be outside Oz to apply...it's when someone pops up every so often to say that if you are living in Oz when the visa is due to be granted, Immi will tell you a few days earlier to give you a chance to go to NZ, or Fiji, or wherever.

So if they are going to give you notice to leave the country so you can have your visa granted legally, what's the problem with telling Immigation when you land, that you are intending to live in Oz whilst waiting for the visa grant...?

Best of luck with the defacto xibit - WHV seems the best & quickest way to go for you in your situation

Wendy

Some visa's can be applied for and granted in Australia and some can't. Not 100% sure, and haven't looked, but I think a defacto and/or prospective marriage visa can be applied for and granted onshore.

The main problem really is that if you come on a visitor visa, but immigration are not satisfied that you are there just to a holiday they MAY refuse you entry. I know when my son came over to visit, they asked him how long he was going to stay, where he was staying, how he would pay for food etc.

JenniGee

Hi Wend (still can't get used to you being in the same time zone as me!!!)

No, what I mean is, I hear of people fairly often, applying for PR visas that are Offshore visas, yet they travel to Oz anyway before the visa grant & then Immi gives them notice to leave so the visa can be legally granted. Seems strange to me then, why people arriving can't just be honest at the point of entry & just tell the officers that's what's happening? Surely there must be some mechanism for doing this, if there is a facility set up for the visa to be granted?

Hey ho.

SillyOldBag

The prospective marriage visa is one of those ones that have to be applied for off-shore.

Pollyana

A Pros Marriage must be applied for and granted offshore.
A de facto can be applied for and granted on or offshore

Wendy

Me neither!

Ah, I see what you mean and I agree. It's been a long day for me, well I say day I actually mean 2 Fekkin snow.



Yeah, wasn't sure cos I didn't look like I normally would

JenniGee

All this snow is going to your head Wendles...never mind, back home soon....assuming the airports are open by Tuesday

Wendy

Don't say that!!

Pollyana

Just hope you don't have my kind of luck - my last two trips home have been extended by circumstances beyond my control = one volcano, and one bumping off a flight cos of rebooking of A380 passengers Heaven for me but you might not be quite so pleased......