British Expats

British Expats (https://britishexpats.com/forum/)
-   Immigration, Visas & Citizenship (Australia) (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/)
-   -   Spouse Visa Circle continued - Dec 2010 - 2011 (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/spouse-visa-circle-continued-dec-2010-2011-a-704602/)

saboo Sep 14th 2011 5:29 pm

Re: Spouse Visa Circle continued - Dec 2010 onwards
 
Hi Moneypenny

Since the baby was born my mind has been like that 100%!

I thought I needed to have the birth certificate to prove he is my child as part of my application, even though he isn't actually on my application to migrate with me?

There was talk on another thread that I needed a passport for him too, but I don't think I will go that far.

Thinking logically I thought that showing evidence I had a dependent here in Australia with my defacto partner would strengthen the reason behind my desire to migrate here permanently?

If I don't need it, that's awesome news because the police check arrived this morning!

SillyOldBag Sep 14th 2011 5:39 pm

Re: Spouse Visa Circle continued - Dec 2010 onwards
 

Originally Posted by saboo (Post 9622209)
Hi Moneypenny

Since the baby was born my mind has been like that 100%!

I thought I needed to have the birth certificate to prove he is my child as part of my application, even though he isn't actually on my application to migrate with me?

There was talk on another thread that I needed a passport for him too, but I don't think I will go that far.

Thinking logically I thought that showing evidence I had a dependent here in Australia with my defacto partner would strengthen the reason behind my desire to migrate here permanently?

If I don't need it, that's awesome news because the police check arrived this morning!

I would think it would be a good idea to include it if you are hoping to gain PR immediately on the basis of the duration of your relationship and having a child of the relationship. Failing that you could photocopy/scan your baby and label which parts resemble mum and which resemble dad :p :rofl:

saboo Sep 14th 2011 5:42 pm

Re: Spouse Visa Circle continued - Dec 2010 onwards
 
True, true - the going straight to PR requires proof of the baby, of course...

It is only supposed to take 3 weeks and has been nearly 4 now so hopefully it will turn up any day now...!

moneypenny20 Sep 14th 2011 6:13 pm

Re: Spouse Visa Circle continued - Dec 2010 onwards
 
OK yes if you're using it as proof that you have a child together, then you want it. Sorry, my brain, what can I say ;). It wouldn't be the first time that people have thought they need to apply for their children when their children are in fact citizens.:D

He'll need a passport at some point, may as well get it. Nothing worse than suddenly finding an emergency trip is required and you're delayed due to lack of a passport. :eek::D

saboo Sep 15th 2011 4:40 pm

Re: Spouse Visa Circle continued - Dec 2010 onwards
 
OK, news from BDM is that my birth cert for my baby is at least another 2 weeks away, which is not good news for me getting my application in!

Is there anything that can be used as evidence for my child - given that:

- he is my dependent/child
- but is an Aus citizen and not part of my application

I can't get his passport either without the birth cert - very frustrating!

Maybe a letter from the hospital/birth centre?!

SillyOldBag Sep 15th 2011 5:24 pm

Re: Spouse Visa Circle continued - Dec 2010 onwards
 
It's madness isn't it that it should take so long - in england when I registered my daughter I got the birth certificate then and there, all done in less than 20 minutes. Some processes seem overly complicated through centralisation, but if it's the system, it's the system!

All I can suggest as an option is sending in the rest of your application without the birth certificate and explain in the covering letter that there are delays with the BDM and it will follow on in due course, at least that way your application is in the system.

saboo Sep 15th 2011 6:27 pm

Re: Spouse Visa Circle continued - Dec 2010 onwards
 

Originally Posted by SillyOldBag (Post 9624472)
explain in the covering letter that there are delays with the BDM and it will follow on in due course, at least that way your application is in the system.

Is it easy enough to add documents to the application after it has been submitted?

SillyOldBag Sep 15th 2011 8:32 pm

Re: Spouse Visa Circle continued - Dec 2010 onwards
 

Originally Posted by saboo (Post 9624518)
Is it easy enough to add documents to the application after it has been submitted?

I rather think it ought to be but my only experience was sending on an additional document requested by the CO rather than just sending in the extra document. Perhaps someone else might be able to comment from experience. My own personal inclination would be to hold on to the application and send it in complete but I appreciate you might want to just send the whole thing off! You get sick of the sight of it in the end :rofl: Actually, I didn't, I thought my completed application a thing of administrative magnificence! :p :D

moneypenny20 Sep 16th 2011 7:29 pm

Re: Spouse Visa Circle continued - Dec 2010 onwards
 

Originally Posted by saboo (Post 9624518)
Is it easy enough to add documents to the application after it has been submitted?

I should think so. Afterall you're going to have to send your PCC and meds when asked so I think as long as you explain the reason it won't be a problem. They probably won't even open the thing before then anyway.

saboo Sep 17th 2011 12:18 pm

Re: Spouse Visa Circle continued - Dec 2010 onwards
 
Police checks and meds already done as I'm submitting onshore...but you're right it shouldn't be a problem...

My only concern at the moment is with my sponsors situation as she is still technically married but the divorce was filed by her and her ex in June and it was put through the courts a few days back - the trouble is the cert won't come through for another 8 weeks or so...

Their date of separation was well before we met (in 2007 sometime, we met in April 2008) so it's not an issue from a relationship pov, but the forms don't accomodate for this unique situation - I guess this is where the 'little notes' come in!

SillyOldBag Sep 17th 2011 12:24 pm

Re: Spouse Visa Circle continued - Dec 2010 onwards
 

Originally Posted by saboo (Post 9627748)
........ I guess this is where the 'little notes' come in!

Exactly! When I was filling in the forms, I tried to keep in my mind that the person reviewing the case was much like me and would understand that it's rare that a form can fit all situations and that clarifying "little notes" would make the whole thing make sense, and as I have said before, it worked for me, I didn't have one of my little notes questioned and believe you me there were quite a few!

saboo Sep 17th 2011 12:52 pm

Re: Spouse Visa Circle continued - Dec 2010 onwards
 
Quick question...with regards to the question:


When and where did you begin a married or de facto relationship with your fiancé(e) or partner?
What date would this be? By the Booklet definition the defacto relationship begins once you live together and have been together for 12 months....

...but this is this the definition to allow you to apply for the visa or is this their definition of a defacto relationship.

What I mean by that is:

1) we met on April 6th 2008
2) we started our relationship on April 10th 2008
3) we moved in together on 10th December 2008.

So I feel that we BEGAN our defacto relationship on 10th April 2008, but by the definition we had not been in this relationship for 12 months until 10th April 2009?

I'm getting mighty confused.

To give this context you are asked for (in this order):

1) the date you met
2) after how many days the relationship began
3) the date you decided you wanted to commit to a long term relationship
4) the date you began a defacto relationship

Help!

SillyOldBag Sep 17th 2011 1:16 pm

Re: Spouse Visa Circle continued - Dec 2010 onwards
 
Now I would consider the date you began your defacto relationship is the day you started living together "as man and wife" or in a marriage like relationship ... rather than as bf/gf. So by that definition I would say you began your defacto relationship in December 2008 when you moved in together.

That is how I would answer. Again if you feel that more explanation is required, refer the CO to the section where you can put extra info and explain your answer. But as I said, I would say Dec 2008.

I would say 3 and 4 could be answered with the same date.

It all does your head in a bit really doesn't it.

moneypenny20 Sep 17th 2011 9:45 pm

Re: Spouse Visa Circle continued - Dec 2010 onwards
 

Originally Posted by saboo (Post 9627789)
Quick question...with regards to the question:



What date would this be? By the Booklet definition the defacto relationship begins once you live together and have been together for 12 months....

...but this is this the definition to allow you to apply for the visa or is this their definition of a defacto relationship.

What I mean by that is:

1) we met on April 6th 2008
2) we started our relationship on April 10th 2008
3) we moved in together on 10th December 2008.

So I feel that we BEGAN our defacto relationship on 10th April 2008, but by the definition we had not been in this relationship for 12 months until 10th April 2009?

I'm getting mighty confused.

To give this context you are asked for (in this order):

1) the date you met
2) after how many days the relationship began
3) the date you decided you wanted to commit to a long term relationship
4) the date you began a defacto relationship

Help!

As SOB says, the relationship as considered by DIAC is the date you move in together.

You can make up 3) if you don't know. I think I said it was about three months before we purchased our flat but if you decided to 'commit' and then say, move into her property a week later then you'd say the week before the date at 4). If that makes sense.

Dfwavid Sep 21st 2011 2:14 pm

Re: Spouse Visa Circle continued - Dec 2010 onwards
 
Hi guys,
I'm new to BE but have read through this entire thread over the past couple of days lots of info taken in but i'm sure i will have many questions in the future :lol:


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