asprilla

I'm due to lodge my onshore de-facto application in Brisbane in 3weeks time, a couple of days before my 417 working holiday visa expires... & I'm getting nervous.

There are a few things worrying me; hopefully somebody can give me a little reassurance, or point me towards a reputable agent.

1) Me & the missus have lived together since I arrived in mid-July last yr, so we'll be 1 or 2 days short of the 12month requirement (though we can demonstrate our de-facto relationship has actually lasted almost 2yrs, with a few months forced apart). Should I be at all worried here ?!

2) how might DIMIA view this 12months of living together anyway? To what extent (if any) have I gone against the rules of the working holiday visa ? I arrived here, have visited different parts of Oz, and have worked hard too... Though my "base" has always been Brisbane. Plus, my intent on entering Oz was never to apply for the de-facto visa - It was merely for the working holiday.

3) My partner & I have also shared our flat over the past 12months with her younger brother... This was at her family's request, they come from a traditional chinese background. I'm worried that DIMIA might choose to interpret this as not being committed to our own seperate household, as a de-facto couple normally would.... Have I got any reason to be worried here ?

So, these are my concerns... I guess there's not much I can do about them now, as I'll be submitting the application regardless. But if any of these issues arise e.g. in an interview, I'd like to be prepared...

Any comments / recommendations / referrals are most welcome !!
Kind regards,

Mark

Jennawren

Just relax. Interview isn't as scary as it sounds.

I don't know about question 1, it was my understanding that it had to be exactly 365 days...not sure.

Question 2: I was in your position, on a WHV, and got my de facto visa 4 months after I entered the country on it. I have a job, that I had worked at for a week shy of three months, and the migration agent even asked me 'would you like to keep your job?'. And I didn't say on my form upon entering Oz that my intent was to apply. They didn't ask me about it, just say that you wanted to see where the relationship would go...etc.

Question 3: I lived with my partner for a year (10 months of the last 12 months) with flatmates. Write in your statement examples of how you spent time with just the two of you, paid rent/bills through your account, only for yourselves not for her brother as well. Have him write a Stat Dec (i had my flatmate write one for us) saying that you lived as couple, and explain why he was living with you. Just be honest.

Good luck!

JAJ

1. Whatever you do, do *not* let your 417 expire before lodging a valid application.


2. Why not call IARC in Sydney and ask for a referral to a similar organisation in Brisbane for some advice? http://www.iarc.asn.au

Jeremy

asprilla

Thanks guys - I will give IARC a call...

Kind regards,
Mark

edit :

JAJ said :
"1. Whatever you do, do *not* let your 417 expire before lodging a valid application."

I definitely don't want to let my visa expire... I entered Oz on 23rd July, so my final day here is 22nd July. I don't really want to lodge it on the 22nd, in case something goes horribly wrong - for instance, could DIMIA refuse to accept my application, and refuse to issue me with a bridging visa even if I lodged all necessary docs ?

JAJ

IF you let your 417 visa expire before lodging a spouse visa application then you become illegal. While it would still be possible to *lodge* an onshore spouse visa after then, it would almost certainly be refused as there are special rules that kick in in these circumstances.

Do not leave things to the last minute in case you get to the DIMIA office and find it closed, or there's some other last minute hitch. And I would not recommend relying on the postal service either - lodge the application in person and get a receipt. Even if you are waiting for a document, don't delay - that's no excuse in DIMIA's eyes if your 417 visa expires.

If you did let your 417 expire then realistically you would have to leave Australia and apply for a spouse visa offshore.

Assuming you do lodge in time, you will get a Bridging Visa A that kicks in when your 417 expires. This will have the same conditions as your 417 visa, however it will not allow you to travel outside Australia. For that you need to apply for and obtain a Bridging Visa B, and follow its conditions (including returning to Australia before it expires) to the letter.

Jeremy

asprilla

Cheers Jeremy.

Fortunately for me, the DIMIA office is 10mins walk from where I live. I'll be lodging the application in person, & the receipt should (according to the DIMIA helpline) act as a bridging visa.

So given that I have all the necessary docs, and the DIMIA office is open, I can't think of any other circumstances that'll prevent me lodging it. I guess I'm just worried that there might be some reason for them not to accept it, which will result in me becoming illegal.

One other thing, does anyone know at what point the application becomes "valid" ? Is it as soon as I receive a receipt from DIMIA (this is what I was told by the guy at the DIMIA helpline...as soon as you lodge your application, the bridging visa kicks in), or is it after payment is made (this is the definition in the partner migration booklet).

asprilla

Ok - called this place earlier :
South Brisbane Immigration & Community Legal Service
(07) 3846 3189

Took a trip down there after work, had to wait a couple of hours, but then had a chat with a lovely volunteer called Michelle.

She was a great help, & answered all my questions. She allayed my fears somewhat, by pointing out that I have a strong case with plenty of evidence.

She recommended that I should lodge the application 1 or 2 days before my current visa expires. She said that there should be no issues lodging the application.

I explained my concerns about the "entire 365 days before application"...she said add a cover note explaining why you haven't been able to fulfill this. Given the evidence of our relationship going much further back than 1yr anyway, she indicated that I've got a strong case. She also gave me contact numbers for some agents in the event that I need to appeal.

What else did she say.... include as many letters / statements as possible from individuals who can support your claim to being in a relationship.

Overall, she was a great help. I'm looking forward to just handing in the application now, & getting this all out of my head...

Kind regards,
Mark

asprilla

Hmm.. the plot thickens.

Get home from work today, to find this on the answerphone :
"this is mr. xx xxx from the south brisbane immigration office, I strongly advise you call me on this number, regarding the advice you received last night, & then follow it up with a private agent I can recommend."

Haven't been able to get in contact with the guy yet, but I'll call again tomorrow. I have to admit, it appears dodgy. Last night, the agent at South Brisbane seemed very confident of my application. Yet here's a guy who hasn't even spoken with me, has only read the (very rough) notes that were made in the interview, & he wants me to get professional advice. Would this be happening, If I hadn't disclosed my earnings & qualifications ?!!

On the other side of the coin, this guy could genuinely be looking out for me ; perhaps he has noticed something that might go amiss. I will post a further update tomorrow....

Regards,
Mark

asprilla

In the end, I managed to get in contact with the guy who had left the message. He was very helpful, & assured me that he didn't intend to send me into a panic with his original message.

Apparently, there was nothing specific in the our case that worried him - except for the 12months de-facto part. Apparently, DIMIA can be very strict on their policies, & he'd hate to see me turned down because of this, hence he advised me to see an agent who could make "certain submissions" on my behalf.

When I asked what exactly these submissions were, he said "you'll have to ask the agent !"

However, then he appeared to back-track a bit, by saying that being 1day short of living together for 365 days may be insignificant. Then he went on to suggest that we lodge the application on the final day of my visa...

So, my attempt to seek professional advice, has ended with one agent telling me that we have a very strong case, but don't wait until the last day to lodge the application. And then the 2nd agent saying we should seek advice, but to be on the safe side, wait until the final day of my WHV to lodge !!

Its all too confusing... !

Kind regards,
Mark

VintageKitten

Hi Mark,
Don't forget to include pictures, if you have any. At my interview, they spent a lot of time looking at our pictures, esp. those where we were with mutual friends and our families.
It sounds like you have a really strong case, so I think they'll look at the overall picture and forgive you those 1-2 days. I've heard of them rejecting people who were 2 weeks or more under, but I can't imagine them fussing over a lousy day, if you have a strong case.
Good luck!

asprilla

Thanks for the positive comments !!

I'll be contacting a few more agents re the 365 day thing though... I'm still not sure about this.

Mark