Jaj

If you have been living with your girlfriend for 18 months, why was
she not included on your application? Form 47SK does ask if you are
in a de-facto relationship.

If you try to sponsor her later on you risk all kinds of hassles with
your own PR visa - your best option is to get some good professional
advice straight away *before* you move to Australia.

Jeremy


    >On 27 Jun 2003 05:35:10 -0700, [email protected] (Miles Ashton) wrote:
    >Hi there,
    >As per my previous post, I've recently been granted my PR visa and I'm
    >still in the Uk. Myself and my girlfriend will be emmigrating early
    >next year. She's under 30 so she will be going on a WHV. At some
    >point, if we're both happy out there, probably after six months or so,
    >she would apply for a de facto visa so we'd be able to stay. We've
    >been together and living together for 18 months. I assume there will
    >be no issue with this conversion from WHV to de facto visa or would it
    >make more sense for her to apply for a de facto visa before we left ?
    >What would be the associated cost ?
    >Thanks again,
    >Miles

This is not intended to be legal advice in any jurisdiction

Miles Ashton

Hi there,

As per my previous post, I've recently been granted my PR visa and I'm
still in the Uk. Myself and my girlfriend will be emmigrating early
next year. She's under 30 so she will be going on a WHV. At some
point, if we're both happy out there, probably after six months or so,
she would apply for a de facto visa so we'd be able to stay. We've
been together and living together for 18 months. I assume there will
be no issue with this conversion from WHV to de facto visa or would it
make more sense for her to apply for a de facto visa before we left ?
What would be the associated cost ?

Thanks again,

Miles

Jaj

You should have changed the circumstances before visa grant. In any
case it's important to tell DIMIA as soon as possible, although you
may now have the worst of both worlds in that she may have to do
medicals etc and you will still have to sponsor for a spouse visa
later on.

Hire an agent if you feel you need assistance with the way forward.

Jeremy

    >On 28 Jun 2003 02:06:30 -0700, [email protected] (Miles Ashton) wrote:
    >Because when I originally filled in 47sk, I wasn't in a de facto
    >relationship, it was 12 months ago. I guess I should have put her on
    >the "changes in circumstances" form. At that late stage though, I
    >just wanted to get the visa, I'd waited long enough as it was.
    >Anyway, I'll see if I can change the circumstances before we go and
    >get the ball rolling.

This is not intended to be legal advice in any jurisdiction

Miles Ashton

Because when I originally filled in 47sk, I wasn't in a de facto
relationship, it was 12 months ago. I guess I should have put her on
the "changes in circumstances" form. At that late stage though, I
just wanted to get the visa, I'd waited long enough as it was.
Anyway, I'll see if I can change the circumstances before we go and
get the ball rolling.

[email protected] (JAJ) wrote in message news:...
    > If you have been living with your girlfriend for 18 months, why was
    > she not included on your application? Form 47SK does ask if you are
    > in a de-facto relationship.
    >
    > If you try to sponsor her later on you risk all kinds of hassles with
    > your own PR visa - your best option is to get some good professional
    > advice straight away *before* you move to Australia.
    >
    > Jeremy
    >
    >
    > >On 27 Jun 2003 05:35:10 -0700, [email protected] (Miles Ashton) wrote:
    > >Hi there,
    > >
    > >As per my previous post, I've recently been granted my PR visa and I'm
    > >still in the Uk. Myself and my girlfriend will be emmigrating early
    > >next year. She's under 30 so she will be going on a WHV. At some
    > >point, if we're both happy out there, probably after six months or so,
    > >she would apply for a de facto visa so we'd be able to stay. We've
    > >been together and living together for 18 months. I assume there will
    > >be no issue with this conversion from WHV to de facto visa or would it
    > >make more sense for her to apply for a de facto visa before we left ?
    > >What would be the associated cost ?
    > >
    > >Thanks again,
    > >
    > >Miles
    >
    > This is not intended to be legal advice in any jurisdiction

Miles Ashton

I agree, an agent is a necessity in this case. However, we've had a
chat about it and she doesn't want to be de facto. She's quite happy
to go on a WHV and see if we both settle. As she said, what would
happen for instance, if I wanted to come home and she didn't ?
Unlikely I know, but an added worry for her. 15 months together does
not mean wedding bells so I can see her point.
Surely DIMIA will accept the decision to class ourselves as in a de
facto relationship when we're completly commited to settling and
staying together. Surely she'd have to do medicals anyway ?

[email protected] (JAJ) wrote in message news:...
    > You should have changed the circumstances before visa grant. In any
    > case it's important to tell DIMIA as soon as possible, although you
    > may now have the worst of both worlds in that she may have to do
    > medicals etc and you will still have to sponsor for a spouse visa
    > later on.
    >
    > Hire an agent if you feel you need assistance with the way forward.
    >
    > Jeremy
    >
    > >On 28 Jun 2003 02:06:30 -0700, [email protected] (Miles Ashton) wrote:
    > >Because when I originally filled in 47sk, I wasn't in a de facto
    > >relationship, it was 12 months ago. I guess I should have put her on
    > >the "changes in circumstances" form. At that late stage though, I
    > >just wanted to get the visa, I'd waited long enough as it was.
    > >Anyway, I'll see if I can change the circumstances before we go and
    > >get the ball rolling.
    >
    > This is not intended to be legal advice in any jurisdiction

Jaj

I'm not sure if you understand the issue.

Are you currently in a de-facto relationship or are you not?
By de-facto, I mean living together as if you are married. It's a lot
more than just casual dating.

If you are currently in a de-facto relationship, and have been for 12
months or more, then you *must* declare her as your spouse. It is not
optional in that case.

Jeremy


    >On 30 Jun 2003 05:25:30 -0700, [email protected] (Miles Ashton) wrote:
    >I agree, an agent is a necessity in this case. However, we've had a
    >chat about it and she doesn't want to be de facto. She's quite happy
    >to go on a WHV and see if we both settle. As she said, what would
    >happen for instance, if I wanted to come home and she didn't ?
    >Unlikely I know, but an added worry for her. 15 months together does
    >not mean wedding bells so I can see her point.
    >Surely DIMIA will accept the decision to class ourselves as in a de
    >facto relationship when we're completly commited to settling and
    >staying together. Surely she'd have to do medicals anyway ?

This is not intended to be legal advice in any jurisdiction

ptlabs

Miles,

She is either your de-facto, or not your de-facto. She is your de-facto if she meets all the criteria to be considered as one. If she meets all the criteria set out, it's not something she can decide that she doesn't want to be considered your de-facto. Failure to declare things like this may come back to haunt you when you apply for citizenship or a spouse visa later on. Be careful.


Peter