jon3875

Hi all
I need some urgent advice please!!
My partner who is Australian has been offered a post as Social worker for the Australian Government! but because he is already Australian he cannot go through the sponsored migration visa channels, so our option is the defacto visa! We have sent off all the visa and everything in plenty of time his work told us to send all the forms to them and they would hand it all in to the appropriate offices which are in the same offices as them and try to fast track them! My visa has just come back invalid as they should have been posted to the London office not the Australian office!! (TYPICAL)!!!
Unfortunately we need to be in Australia by November for my partner to start his job and after talking to the London Migration offices my Visa could take 6 months to come through!
So we have decided to go through the Tourist Visa for myself and apply for the defacto visa when we get to Australia
Does anyone know whether this will work ok?? Our other concerns is that everything has been arranged for this time frame our house will be rented out, plane tickets have been booked!! Big mess here can anyone help!!

Cheers
jon

JAJ

Unless things have changed recently, London deals with most partner cases fairly quickly, in weeks rather than months.

You can help yourself by ensuring you prepare your application properly. If you need professional assistance I'd recommend Ian Harrop: http://www.ianharrop.co.uk

It's asking for trouble to arrive as a tourist with a plan to switch status in-country (not as easy or quick as you might think it would be, plus the risk of being refused entry on arrival).

Pollyana

A straightforward de facto application done through London is usually very quick, as JAJ says, you could have it granted in plenty of time for November

jon3875

hi guys

Thanks for your advice, the problem we have is that everything has been put through for November and If the Visa does not come back in time we lose on the tickets the removers the people renting our house our cat maggie will have gone before!! and while the Visa is in process I cannot go to Australia so am stuck! Not to mention I have handed my notice in at work, so no money coming in! I told you all it was a mess!!
This is all because we got told to send everything to the wrong office, if it wasn't for that it would be all sorted by now!!
We have been looking at it and we intend to apply when we get through even though the risks are there for me not to be let in the country and apply for a bridging visa as soon as our application goes in! I won't be able to work when I get there but does anyone know whether we can appeal for me to be able to work while things are being sorted??

Cheers

Jon

SillyOldBag

You are apparently allowed to fly to australia while the visa is being processed, you can still get an ETA, the only thing is you have to then leave the country to have your visa label put in your passport. I checked about the travel with Australia House in London as at one point I was planning to be coming back to Australia on a visit while it was being processed but in the end we delayed submitting the visa til after I had done the trip as we were still awaiting a few documents.

Incidentally I was also told by the immigration department in australia that it was an abuse of a tourist visa to enter with the intention to then apply for a temp spouse/defacto spouse visa.

Good luck with the whole thing - my prospective spouse visa took 2 weeks and the second week was only because they needed to clarify something about my daughter otherwise it would have been a week.

jon3875

Hi Silly

Thankyou for your advice, funny you should say that about immigration taking a dim view, When we got my visa forms back saying invalid because we called the Immigration offices and thats when they told us we had sent them to the wrong office! The immigration guy said we had two choices because of our time frame of either coming to Australia and applying here or to send them to London and hope they will come back in time! Thats where the idea came from for us to go to Australia on a Toursit visa becuase technically we are having a holiday for a week before hand with my partners parents on the gold coast. I am so confused I don't know what to do?????
:curse:

SillyOldBag

I really don't know what you should do either - it's a difficult situation indeed since your tickets are already booked! Maybe immigration views have changed since you've been told that is an option for you. I certainly have read of people doing what you are suggesting and succeeding in having the visa granted, but you do wonder what you would fill in on your landing card as clearly the purpose of your trip is not tourism. Sorry I can't help you, but maybe someone else here can advise further.

Pollyana

The official view is that a tourist visa/ETA should not be used to migrate to Australia, and if the Immigration Officer at the point of entry suspects that you are entering with the inention of staying he/she can refuse entry. Thats the risk you take.
However, many people do arrive on an ETA and then apply for a further visa onshore. Its not illegal, but its not the correct way of doing it and you just need to be aware of the risk of refusal.

There is also no reason why you cannot apply for the de facto visa and then get an ETA to visit AUstralia while the de facto is processing - however as many UK de facto visas are processed in 1 or 2 weeks you are unlikely to need this option. By the sound of it your application is ready, the only thing wrong is that it went to the wrong office. Send it again at once to London and if there are no issues (kids from previous marriages/health/convictions etc) then there is a high probability of it being granted by November.

jon3875

Thank you so much for you advice everyone!!

I have been talking to my partner and we are sending the visa off today to london recorded delivery! Fingers crossed!

We have just been going through our paper work and from previous disussions we have noticed that my evidence of us living together on bank statements is November 2007 (yes it is my fault i bank online and forgot to change the address untill later in the year)! But I do have Mobile phone bills going back to August 2007 does anyone know whether this would be acceptable???

rubbeldiekatz

Mobilephone bills = always good !!

Good luck mate, I have been there and so have been many guys from BE.....you wont have any problems!! M

Pollyana

Do you have Stat Decs from people who have verified how long you've been together? Worst that will happen is that they'll ask for more evidence. Keep us posted

jon3875

we have 4 at the moment from my partners mum and sister both Australian one from my old work colleague who introduced us and one from his sister who we have both known for a long time! We can get lots more if needed what do you think???

Pollyana

Go with what you've got for now, as you're on a timeline, and you may well be fine but start thinking about who else there is just in case they ask for more evidence.

jon3875

you are an absolute star pollyanna!! And thank you so much for your advice!!!!