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Spouse Visa applied for in Australia... can it be done on ETA?

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Spouse Visa applied for in Australia... can it be done on ETA?

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Old Mar 15th 2004, 12:38 am
  #16  
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Default Re: Spouse Visa applied for in Australia... can it be done on ETA?

"Pollyana" <member7609@british_expats.com> wrote in message
news:[email protected]...
    > Seems weird to me as well, I sent them a certified copy of it but
    > they wrote back wanting the original. Shame, I'd have liked to keep
    > it for sentimental value!!!
    > I was expecting all kinds of requests,
    > but not that one!

Indeed. When you think you have everything covered they hit you with
something so trivial.

It took us a little over 2 weeks all up. That was through the Parramatta
office. Would have been quicker had they not asked for more docs regarding
cohabitation (like we didn't send enough to begin with!)

Regards
Rod.




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Old Mar 15th 2004, 7:54 am
  #17  
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Default Re: Spouse Visa applied for in Australia... can it be done on ETA?

Originally posted by George Lombard

Otherwise, I don't know if I would support Peter's pessimism about lodging
spouse visa applications onshore. Thousands of people do it every year...

Cheers

George Lombard
--
www.austimmigration.com.au
Thank you George! That sets our minds more at ease :-D

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Old Mar 15th 2004, 8:02 am
  #18  
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Default Re: Spouse Visa applied for in Australia... can it be done on ETA?

Originally posted by mazzyrabbit
Hi, I' a newbie, just finished going through the defacto spouse visa application onshore, and got the visa granted last thursday (yay)!

It sounds like your situation is similar to ours. We've been together nearly six years, spent a lot of it living with parents (thanks mum!), been going back and forth between countries to be together.

We had an absence of five months during the past twelve months before applying, but due to financial constraints and visa restrictions we were never going to be able to apply at a time when there wouldn't be an absence during a twelve month period. So we just went for it and provided as much evidence as we possibly could, and stat decs about our living arrangements during our relationship. If you're in a position to wait a while before applying, then doing so would save you a lot of worry. But from my experience, DIMIA can be understanding about your circumstances, but you MUST provide them with enough evidence to back up everything you say. WE provided lots of evidence relating to living together before the twelve month period, which may have helped us to satisfy this evidence category.

Living with parents counts as living together - get your parents to do stat decs and provide evidence that you were both residing at their address (letters addressed to either/both of you, etc). In some ways it will count in your favour - DIMIA are big on family, and in our visa interview the case officer even asked after my partner's grandmother's health!

Joint bank accounts - we did not have one. We pay for most things in cash. I was very worried about this. My aussie partner has a british credit card which I pay off with my Switch card and he gives me the money. We provided evidence of these transactions. I also collected receipts for a couple of months and logged who payed for what. The immigration experts on this forum can tell you whether or not that was a waste of time, but we sent it in anyway along with a stat dec about how we operate our finances, and we didn't have any problems. Whatever evidence you feel you are lacking (eg joint leases and bank accounts), make sure you send something relating to that category of evidence, whatever you can. DIMIA know that not all relationships are the same, that not everybody does things the same way, but they still need to know exactly how you share finances etc.

We sent the application in (not front-loaded) on Jan 23rd 2004, got a letter a couple of weeks later with an interview date (March 11th) and the visa was granted at that interview. So it didn't take as long as I thought it would.

Hope this helps!

mazzyrabbit[
Congragulations Mazzyrabbit! That is fantastic news.... and an encouragement to us and many people in similar situtions! I wish you a life time of happiness here!

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Old Mar 15th 2004, 6:09 pm
  #19  
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Default Re: Spouse Visa applied for in Australia... can it be done on ETA?

Hi,
I have some "what if" questions to ask concerning this thread. I've
spoke with a few people in private via email but now I'm curious what
the general consensus thinks.

If one is here on a 90 day ETA. Came here not to get married but just
spend a lengthy time with fiancee. It expires and they file online for
a 90 day extension. So that person is granted a temporary bridging
visa until the final answer on the extension. During the time of the
bridging visa, find out fiancee is pregnant. Get married. Then apply
for an spouse visa.

The fact that they are now married and the wife is pregnant, does that
help any in the determination or help to quicken the pace? While they
are then on the bridging visa, I've heard that you can request a
waiver and apply for work rights to surpport said wife with child? Is
that true?
 
Old Mar 18th 2004, 10:49 am
  #20  
Nick
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Default Re: Spouse Visa applied for in Australia... can it be done on ETA?

hi mazzyrabbit

did you use a migration agent or did you go through the process on your own?

Nick


"mazzyrabbit" <member22290@british_expats.com> wrote in message
news:[email protected]...
    > Hi, I' a newbie, just finished going through the defacto spouse visa
    > application onshore, and got the visa granted last thursday (yay)!
    > It
    > sounds like your situation is similar to ours. We've been together
    > nearly six years, spent a lot of it living with parents (thanks mum!),
    > been going back and forth between countries to be together.
    > We had an
    > absence of five months during the past twelve months before applying,
    > but due to financial constraints and visa restrictions we were never
    > going to be able to apply at a time when there wouldn't be an absence
    > during a twelve month period. So we just went for it and provided as
    > much evidence as we possibly could, and stat decs about our living
    > arrangements during our relationship. If you're in a position to wait a
    > while before applying, then doing so would save you a lot of worry. But
    > from my experience, DIMIA can be understanding about your circumstances,
    > but you MUST provide them with enough evidence to back up everything you
    > say. WE provided lots of evidence relating to living together before
    > the twelve month period, which may have helped us to satisfy this
    > evidence category.
    > Living with parents counts as living together - get
    > your parents to do stat decs and provide evidence that you were both
    > residing at their address (letters addressed to either/both of you,
    > etc). In some ways it will count in your favour - DIMIA are big on
    > family, and in our visa interview the case officer even asked after my
    > partner's grandmother's health!
    > Joint bank accounts - we did not have
    > one. We pay for most things in cash. I was very worried about this.
    > My aussie partner has a british credit card which I pay off with my
    > Switch card and he gives me the money. We provided evidence of these
    > transactions. I also collected receipts for a couple of months and
    > logged who payed for what. The immigration experts on this forum can
    > tell you whether or not that was a waste of time, but we sent it in
    > anyway along with a stat dec about how we operate our finances, and we
    > didn't have any problems. Whatever evidence you feel you are lacking
    > (eg joint leases and bank accounts), make sure you send something
    > relating to that category of evidence, whatever you can. DIMIA know
    > that not all relationships are the same, that not everybody does things
    > the same way, but they still need to know exactly how you share finances
    > etc.
    > We sent the application in (not front-loaded) on Jan 23rd 2004,
    > got a letter a couple of weeks later with an interview date (March 11th)
    > and the visa was granted at that interview. So it didn't take as long
    > as I thought it would.
    > Hope this helps!
    > mazzyrabbit[
    > --
    > Posted via http://britishexpats.com
 
Old Mar 21st 2004, 11:15 am
  #21  
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Location: melbourne
Posts: 2
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Default Re: Spouse Visa applied for in Australia... can it be done on ETA?

hi nick,

we didn't use a migration agent. on many occasions during the process i wished we had, especially when dimia asked for more info! we know quite a lot of couples in oz who have applied for defacto, and all of them did it onshore, so we grilled them for info on their experiences - and eventually came across this forum, which has been a huge help.

mazzyrabbit
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Old Mar 21st 2004, 11:38 am
  #22  
 
Joined: Aug 2003
Posts: 11,149
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Default Re: Spouse Visa applied for in Australia... can it be done on ETA?

Originally posted by [email protected]
Hi,
I have some "what if" questions to ask concerning this thread. I've
spoke with a few people in private via email but now I'm curious what
the general consensus thinks.

If one is here on a 90 day ETA. Came here not to get married but just
spend a lengthy time with fiancee. It expires and they file online for
a 90 day extension. So that person is granted a temporary bridging
visa until the final answer on the extension. During the time of the
bridging visa, find out fiancee is pregnant. Get married. Then apply
for an spouse visa.

The fact that they are now married and the wife is pregnant, does that
help any in the determination or help to quicken the pace? While they
are then on the bridging visa, I've heard that you can request a
waiver and apply for work rights to surpport said wife with child? Is
that true?
You must apply for an extension or another visa before expiry of your current visa. Not doing so risks deportation and an onshore application would not be considered.

You cannot apply for a partner visa whilst on a bridging visa. A bridging visa will be issued on application for a partner visa whilst on a substantive visa.

Why not leave the country and apply for a fiance visa?

DIMIA do sometimes give work rights to someone on a bridging visa who is in financial need. Until the partner has had the baby the financial need will not have been increased. I would be surprised if the decision would not have been made before the mother has to stop working.

Pregnancy is a strong proof of evidence but I doubt it would decrease the processing time.
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