a plethora of questions re defacto visa

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Old Mar 13th 2005, 4:43 pm
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Unhappy a plethora of questions re defacto visa

have been compiling the defacto visa stuff now for about 3 months and should be ready to send off end of this month, but as ever more questions for the kind folk who wouldn't mind helping?!

1. this is probably a belated concern but does anyone know if overstaying a whm visa influences dimia in terms of letting you back in? My boyfriend from Ireland overstayed in OZ by 5 months in 1999, but got a bridging visa, although was banned for 3 years. we thought he might get grief when we went back for xmas for 3 weeks but he was fine, so thought this might work in his favour?

2. I have read a few posts about stat dec's - I have 4 by Aussies but have noticed people saying they have also have some done by non-aussies - I thought only aussies were able to do them? If non-aussies do (e.g. John's sister, brother in law in Ireland or some of our friends in England) is it the same i.e. they have to provide proof of i.d. and signed by j.p?

3. We are going to leave the UK at the end of April and move to Ireland to live with John's parents for a few months to try and save money, but I am intending to apply before we go. What happens? I assume I get a case manager to inform about changes in details? As we are going to be living with John's parents and not by ourselves, will we have to provide more evidence of living together, even though the application will have already been submitted? (we already have been living together for 18 months in the UK and have plenty of proof for this)

4. Are people now generally doing a joint statement or 2 separate? I know there has been changes to the wording of the booklet, I was just thinking of doing both in case (one each and one together, 3 total)

5. We will be applying thru the Aussie high commission in London - what is the procedure for sending all the bits? I have a huge thick file with everything in it. How long does it take to go thru london? We have kinda banked on staying in Ireland at least until Sept anyway, but if we get it before then are we obliged to go straight away or I think I have read on the site there is a 9 month period in which you can go?

Sorry if this is all stating the obvious but.....!!!

Much obliged,

BB
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Old Mar 13th 2005, 5:03 pm
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Default Re: a plethora of questions re defacto visa

Originally Posted by Baby Bee
1. this is probably a belated concern but does anyone know if overstaying a whm visa influences dimia in terms of letting you back in? My boyfriend from Ireland overstayed in OZ by 5 months in 1999, but got a bridging visa, although was banned for 3 years. we thought he might get grief when we went back for xmas for 3 weeks but he was fine, so thought this might work in his favour?

2. I have read a few posts about stat dec's - I have 4 by Aussies but have noticed people saying they have also have some done by non-aussies - I thought only aussies were able to do them? If non-aussies do (e.g. John's sister, brother in law in Ireland or some of our friends in England) is it the same i.e. they have to provide proof of i.d. and signed by j.p?

3. We are going to leave the UK at the end of April and move to Ireland to live with John's parents for a few months to try and save money, but I am intending to apply before we go. What happens? I assume I get a case manager to inform about changes in details? As we are going to be living with John's parents and not by ourselves, will we have to provide more evidence of living together, even though the application will have already been submitted? (we already have been living together for 18 months in the UK and have plenty of proof for this)

4. Are people now generally doing a joint statement or 2 separate? I know there has been changes to the wording of the booklet, I was just thinking of doing both in case (one each and one together, 3 total)

5. We will be applying thru the Aussie high commission in London - what is the procedure for sending all the bits? I have a huge thick file with everything in it. How long does it take to go thru london? We have kinda banked on staying in Ireland at least until Sept anyway, but if we get it before then are we obliged to go straight away or I think I have read on the site there is a 9 month period in which you can go?

Sorry if this is all stating the obvious but.....!!!

Much obliged,

BB
1. If he got in at christmas, he should be fine.

2. The more stat decs the merrier. They don't need certifying, they can just be letters saying how long they have known you and how they see your relationship blah blah blah

3. Put in a covering letter stating where you will be living, from what date and why. Shouldn't be a problem.

4. We did one each. There seems to be some confusion whether is it now just one between you. To cover yourselves I would just do one each. No point in a third from both of you.

5. They are moving quite quickly. Send it Special Delivery. Once it has arrived and been signed for you can see on their website - bit of a relief. Don't use loads of clips, separation sheets etc. Just put everything in an order and do a table of contents.

Once the visa has been issued, you have to get out to validate within one year of the PCC or medical - whichever was earliest. You can then come back, sort anything out but be out permanently within five years of the visa date.

Chances are, if you send it off in the next couple of weeks, you will have it back by end of April at the latest but don't quote me

Loads of luck and don't worry.

Penny
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Old Mar 13th 2005, 5:13 pm
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Default Re: a plethora of questions re defacto visa

Originally Posted by Baby Bee
2. I have read a few posts about stat dec's - I have 4 by Aussies but have noticed people saying they have also have some done by non-aussies - I thought only aussies were able to do them? If non-aussies do (e.g. John's sister, brother in law in Ireland or some of our friends in England) is it the same i.e. they have to provide proof of i.d. and signed by j.p?
He is getting "official" stat decs from his Aussie family and friends (3, I think). I am also having my parents, and a friend write letters. I am not having my friends and family have their certified, because they are not even required for the application. They are more just for supporting evidence.


4. Are people now generally doing a joint statement or 2 separate? I know there has been changes to the wording of the booklet, I was just thinking of doing both in case (one each and one together, 3 total)
We are doing 2 seperate statement. Form 47SP, which was also updated March 1st, still says that both partners need to do a statement.


Good luck!
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Old Mar 13th 2005, 9:24 pm
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Default Re: a plethora of questions re defacto visa

Originally Posted by Baby Bee
have been compiling the defacto visa stuff now for about 3 months and should be ready to send off end of this month, but as ever more questions for the kind folk who wouldn't mind helping?!

1. this is probably a belated concern but does anyone know if overstaying a whm visa influences dimia in terms of letting you back in? My boyfriend from Ireland overstayed in OZ by 5 months in 1999, but got a bridging visa, although was banned for 3 years. we thought he might get grief when we went back for xmas for 3 weeks but he was fine, so thought this might work in his favour?
I'd agree with MP on this - though you'd want to make sure he keeps to the rules in future!

Originally Posted by Baby Bee
2. I have read a few posts about stat dec's - I have 4 by Aussies but have noticed people saying they have also have some done by non-aussies - I thought only aussies were able to do them? If non-aussies do (e.g. John's sister, brother in law in Ireland or some of our friends in England) is it the same i.e. they have to provide proof of i.d. and signed by j.p?
The minimum requirement is two Aussie stat decs (though the rules are slightly flexible) anything more than this is good, but don't over do it either!
Non-Aussie don't requite proof of ID, but if possible should be signed by a JP/Bank Manager/ Doc etc


Originally Posted by Baby Bee
3. We are going to leave the UK at the end of April and move to Ireland to live with John's parents for a few months to try and save money, but I am intending to apply before we go. What happens? I assume I get a case manager to inform about changes in details? As we are going to be living with John's parents and not by ourselves, will we have to provide more evidence of living together, even though the application will have already been submitted? (we already have been living together for 18 months in the UK and have plenty of proof for this)
Once the application is submitted, its taken on the evidence you have aquired up until that date.
There is an official form for address changes that you will be able to send to your Case Officer.

Originally Posted by Baby Bee
4. Are people now generally doing a joint statement or 2 separate? I know there has been changes to the wording of the booklet, I was just thinking of doing both in case (one each and one together, 3 total)
We did one each - wrote them separately, helped to make sure that everything was remembered. Mine was more of a story, his more of a chronological piece, both were about 4 pages long each.

Originally Posted by Baby Bee
5. We will be applying thru the Aussie high commission in London - what is the procedure for sending all the bits? I have a huge thick file with everything in it. How long does it take to go thru london? We have kinda banked on staying in Ireland at least until Sept anyway, but if we get it before then are we obliged to go straight away or I think I have read on the site there is a 9 month period in which you can go?
Send them all in, loose, but in some sort of collated order. Send a covering letter if something is missing and to be sent in later and a Contents Page to help the CO check everything off.
You're confusing the pros' marriage visa with the de facto visa. You have 12 months from the date of your PCC/medical (which ever was first) to enter Australia. NOTE this is not the date you have to live there by, you could just go for a validation trip.

Sorry if this is all stating the obvious but.....!!!

Much obliged,

BB[/QUOTE]
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Old Mar 14th 2005, 9:20 am
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Default Re: a plethora of questions re defacto visa

Originally Posted by Laurie1st
We are doing 2 seperate statement. Form 47SP, which was also updated March 1st, still says that both partners need to do a statement.
I looked at 47SP and the only thing it says is "written statements" in the plural which could well be an oversight. The booklet has been completely overhauled and re-worded and clearly states one statement between the two of you - but I don't suppose they'll complain if you send two.

Let us know how you get on.
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Old Mar 14th 2005, 1:22 pm
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Default Re: a plethora of questions re defacto visa

Originally Posted by Britishaussie
I looked at 47SP and the only thing it says is "written statements" in the plural which could well be an oversight. The booklet has been completely overhauled and re-worded and clearly states one statement between the two of you - but I don't suppose they'll complain if you send two.

Let us know how you get on.
Yeah, my fiance wanted to do a joint one, but I am really unsure about that (and he wisely agreed with me). On page 22 of form 47SP, under all three categories on the checklist, it still says, "Written statements from you and your partner detailing the history of your relationship..."

In hindsight, I know this will seem like such a little thing, but every part of this process seems so blown out of proportion. The stress is turning me into a total basketcase. If he wants to marry me still after all of this, he deserves sainthood.

Last edited by Laurie1st; Mar 14th 2005 at 1:25 pm. Reason: Evidently, stress effects my spelling too.
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Old Mar 14th 2005, 3:17 pm
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Default Re: a plethora of questions re defacto visa

Originally Posted by Laurie1st
Yeah, my fiance wanted to do a joint one, but I am really unsure about that (and he wisely agreed with me). On page 22 of form 47SP, under all three categories on the checklist, it still says, "Written statements from you and your partner detailing the history of your relationship..."

In hindsight, I know this will seem like such a little thing, but every part of this process seems so blown out of proportion. The stress is turning me into a total basketcase. If he wants to marry me still after all of this, he deserves sainthood.
Yes, I noticed that too and just assumed they'd not updated that part of the form (it's easily done). They can't complain if people only send one in when it says you can in black and white in their booklet! I might e-mail them and see what they say.
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Old Mar 14th 2005, 3:20 pm
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Default Re: a plethora of questions re defacto visa

Originally Posted by Britishaussie
Yes, I noticed that too and just assumed they'd not updated that part of the form (it's easily done). They can't complain if people only send one in when it says you can in black and white in their booklet! I might e-mail them and see what they say.
Ok, good. Let me know what they say. Thanks!
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Old Mar 15th 2005, 1:30 am
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Default Re: a plethora of questions re defacto visa

Originally Posted by Laurie1st
Ok, good. Let me know what they say. Thanks!

Re the joint statements thing- Ive just been granted a defacto visa (last friday) and myself and my GF done a seperate Stat Dec statement each. This appeared to be fine. I have to admit that we did not think of doing a joint one when we read the instructions. The instructions I had were from forms downloaded in January and my application went in in mid-feb. The Case Officer did not mention whether they preferred a joint or seperate one....

Also I got family members to do do a Stat Dec for me from oustside Australia My mother and brother typed one up and got them signed by their bosses at work who happen to be civil servants. They did not provide any copies of passports/birth certs etc and again this seemed to be fine.

Another piece of advice i can give is - when we lived with parents we had no evidence of bills/joint tenancy agreements and were concerned about lack of evidence for this time we lived together. We mentioned this in our stat decs and also got family members to confirm this in their statements. We did provide bank statements/letters from employers showing our address however.

Hope this is of help.
Ps - once the visa is granted its worth the hassle and hard work!!
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Old Mar 15th 2005, 3:19 am
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Default Re: a plethora of questions re defacto visa

Originally Posted by Curly_wurly
Ive just been granted a defacto visa (last friday)
Thats good news...was wondering how things went for you. I am sure you are super happy now.
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Old Mar 15th 2005, 5:48 am
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Default Re: a plethora of questions re defacto visa

We did separate statements, about 2 pages long each with all the slushy detail, plus one short and to the point Stat dec with a list of important dates - that way they could see the important stuff at a glance, and wade through all the detail if they wished! (Prospective Spouse Visa, but the same principle applies)
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Old Mar 15th 2005, 10:50 am
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Default Re: a plethora of questions re defacto visa

Originally Posted by Laurie1st
Ok, good. Let me know what they say. Thanks!
I've e-mailed them and hope to get a reply later on - they normally do reply provided you don't ask them really stupid questions! (I hope they don't see this as one of them!).

People who already have their visas will have provided two statements as I believe the booklet was only re-worded on 1 March.
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Old Mar 16th 2005, 9:41 am
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Thumbs up Re: a plethora of questions re defacto visa

Originally Posted by Britishaussie
I've e-mailed them and hope to get a reply later on - they normally do reply provided you don't ask them really stupid questions! (I hope they don't see this as one of them!).

People who already have their visas will have provided two statements as I believe the booklet was only re-worded on 1 March.
I have it cast in stone from DIMIA:

"It doesn't matter - as long as we have a statement which sets out how you met, your plans etc so we have a better picture of your relationship.


Yours sincerely

First Enquiries
Migration Branch
Australian High Commission
London"
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