Defacto - On shore application

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Old Mar 28th 2008, 8:01 pm
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Question Defacto - On shore application

Hi,
I am planning on moving to Perth with my Aussie boyfriend in August.

We have been together since Feb07 and obly 'oficially' lived together in Sept07, although he was vertually living with me and paying for food etc from about april07, therefore we do not have any paperwork that shows him at the same address until september07, we are unable to fulfil the 12 months living together cryteria for our de-facto realtionship until sept 08.

We are thinking that our best option is for me to go in on a 3 month tourist visa and then apply on shore in september for our defacto.

I am looking at getting the police checks and all the paperwork done as much as possible before we go,

what i am worried about is that these will all be dated prior to my entry to Oz, and how this will effect my application.

Any advice appreciated.
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Old Mar 29th 2008, 12:35 am
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Default Re: Defacto - On shore application

Speaking from experience (I'm waiting for an onshore defacto), I couldn't recommend strongly enough staying in the UK and applying from there in September.

Offshore applications take just a few weeks but onshore applications take an average of 5 months.

Plus, if you come in on an ETA/tourist visa, you won't be able to work at all while on the Bridging visa you'll be granted once you apply. Not to mention the possible problems if stopped at the airport - you can't pack anything in your suitcase that makes it look like you're planning to stay etc etc.

After all, what's a few months? Going to Aus with that visa in your passport is better than the alternative... believe me. Am happy to PM with all the gory details of my story if you want them!

Fay
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Old Mar 29th 2008, 3:34 pm
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Cool Re: Defacto - On shore application

Problem with that is he will be in Oz and i will be in the UK so we will still not be able to fulfil our 12 months as the last month will mean us living in seperate countries. He has to start new job in september in oz.

I will not be packing anything that shows i am intending on staying as most of our stuff will be sent by shipping, we are travelling for a month before we actually arrive in OZ, so will be travelling light, and we are both booking return flights anyway as we will probably come back sometime within next 12 months to visit. I have been through the imigration intterigation before, so i know what they are like, as long as we have our story we should be fine, i was last time i visted for 6 weeks at christmas. We are going to paly i that he gets offerde the job out of the blue while we are there etc etc... ok as it is taking over from family friend who is retiring and he will stick to story for us.

I do not need to work, so the fact that i won't be able to is not a issue. I am going to study and that is ok apparently, and no i can't get in on a student visa as my course dosn't start until Feb09.

A friend of mine in OZ did a simular thing, and she got a work permit after 2 months waiting, think she called up to see if she could work and they issued it for her... so maybe you can do the same, 6 months and still no visa, but they think as good as home and dry, there should be no issues with us as we are definatly a de-facto couple and not just in it for the visa, else we would get married i guess and then i'd get it no problem. ( i am a divorcee and don't want to go down that road again just yet) In Oz I will be dependent on my partner, as i pretty much am now, with no income of my own when i get to OZ and so that is also a factor they take account of.

I appreciate i could get a Visa in the UK in 6 weeks, but that would mean me and my beloved being seperated, and so far we have not spent more than a week apart and that was unbearable, i couldn't spend 3 months away from him!
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Old Mar 30th 2008, 12:00 am
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Default Re: Defacto - On shore application

if you are under 31 you could get a working holiday visa
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Old Mar 30th 2008, 6:39 am
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Default Re: Defacto - On shore application

Ah now I see. Well I'm no expert but it looks like you have all the angles covered!

I actually can work on my bridging visa as I was on a study visa beforehand - but before that I was on a tourist visa, so basically didn't work for the 12-month period we needed to meet the living together requirement. But if you're not working anyway then no issues!

Good luck with the move and application. I'll have been through it by the time you apply so send me a PM if you need any help closer to the time - there are only a few of us on BE who have applied onshore.

Fay
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Old Mar 30th 2008, 11:04 am
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Default Re: Defacto - On shore application

Originally Posted by donovandenese
if you are under 31 you could get a working holiday visa
I am 33 this time so too old
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Old Mar 30th 2008, 11:15 am
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Cool Re: Defacto - On shore application

Originally Posted by FayWray
Ah now I see. Well I'm no expert but it looks like you have all the angles covered!

I actually can work on my bridging visa as I was on a study visa beforehand - but before that I was on a tourist visa, so basically didn't work for the 12-month period we needed to meet the living together requirement. But if you're not working anyway then no issues!

Good luck with the move and application. I'll have been through it by the time you apply so send me a PM if you need any help closer to the time - there are only a few of us on BE who have applied onshore.

Fay
Thanks Fay,

Sure i will need all the help i can get. It's a right pain that we are just one month short of the 12 months.

Had a long chat with OH last night and we have sorted out the logistics, going to get everyone set up before we go so that mid sept all they have to do is get their statement notorised and then they all get their paperwork to us just before we apply, gonna get police checks done from OZ and meds,

Were booking return 'flexible' flights for one month after we get there, and then wiil change then so we can visit some time next year. We have OH dads 60th party and sisters 30th in sept so good excuse for extended holiday stay in case they question us in immi. OH is on a skilled migrant visa here and his work will sign a decalration that he was still employed when he went to OZ and the guy he will be taking over from will also do one to say he has only offerd him job after we arrived. Hopefully it'll be ok.

Discussed the prospective marrigae visa and although OH would be more than happy to oblige, Having been divorced, I am not happy to get married for the sake of a Visa, it has to be for the right reasons if I do it again, call me old fashioned, but that's how i am.

Am a tad worried about giving up everything in UK in the hope that they'll let me stay - but OH seems to have faith so I guess i should too. Only worry is that they won't let me do my degree course in Feb09, but I guess enrolling on a 4 year degree course shows commitment to my situation.

Any others out there with Advice, much appreciated.
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Old Mar 30th 2008, 11:53 am
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Default Re: Defacto - On shore application

You mention youve been through Immigration interrogation before. Have you applied for an Aus before? If so was it refused? It could be an issue. They will check.
Also bear in mind while they are not trying to stop genuine couples come in, they are trying to weed out relationships of convenience. When I got my ex wife's visa in 2002 it was medical, show marriage certificate and hey presto here's a subclass 100 PR visa. Last year with my new partner of nearly 5 years it was MUCH harder.
Lining everyting up and planning ahead is a good idea, but remember they will have seen every trick in the book like this before. There must have been many couples in this position. If you are genuine there shouldnt be an issue, but it may not be straigjht forward or quick. But the bridign visa sounds like it could be your friend

Good luck
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Old Mar 30th 2008, 12:34 pm
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Default Re: Defacto - On shore application

Originally Posted by EvannTel
You mention youve been through Immigration interrogation before. Have you applied for an Aus before? If so was it refused? It could be an issue. They will check.
Also bear in mind while they are not trying to stop genuine couples come in, they are trying to weed out relationships of convenience. When I got my ex wife's visa in 2002 it was medical, show marriage certificate and hey presto here's a subclass 100 PR visa. Last year with my new partner of nearly 5 years it was MUCH harder.
Lining everyting up and planning ahead is a good idea, but remember they will have seen every trick in the book like this before. There must have been many couples in this position. If you are genuine there shouldnt be an issue, but it may not be straigjht forward or quick. But the bridign visa sounds like it could be your friend

Good luck
No have not applied before went in at christmas on an ETA and got interrigated by a immi guy afetr passports control, asked q's like who was i travelling with, what was i doing, where was i staying etc, where was my BF ( he went thru OZ side) they said next time i just go through with him. I felt like a criminal.....

It's a pain as we are just 1 month short of the 12 months living together. !
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Old Mar 30th 2008, 9:26 pm
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Default Re: Defacto - On shore application

Originally Posted by Bec_cook
No have not applied before went in at christmas on an ETA and got interrigated by a immi guy afetr passports control, asked q's like who was i travelling with, what was i doing, where was i staying etc, where was my BF ( he went thru OZ side) they said next time i just go through with him. I felt like a criminal.....

It's a pain as we are just 1 month short of the 12 months living together. !
Be prepared to be questioned again. If they think you are arriving with the intention of staying and applying onshore they can refuse you entry.
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Old Mar 30th 2008, 11:18 pm
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Default Re: Defacto - On shore application

Originally Posted by Pollyana
Be prepared to be questioned again. If they think you are arriving with the intention of staying and applying onshore they can refuse you entry.
Thanks, we are already prepared for this, we have good excuse for our visit BF Dads 60th birthday party and Sisters 30th both in sept one at start one at end, and his nephews christening should be inbetween, so we should be fine.

Thanks for the advice tho.
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