DE FACTO VISA

jack128

Thinking of applying for the de facto visa in Oz. Can anyone tell me how much it costs and is it difficult to get????

Missy86

You can get all the info from the australian immigration website..heres the link..

http://www.immi.gov.au/migrants/family/family-visas-partner.htm

It shouldnt be hard to get once you have enough proof of your relationship with your partner!

Mellor

Defacto with who, as the cost and process could be dfferent for each.

With a citizen, with somebody on a PR visa, with somebody on a 457 etc

missbudget

I have done this and you will need LOADS to sent to Immigration as proof of your relationship. Make sure you have items like joint bills, joint bank account, mortgage or lease agreement on both names, wedding invitations to you both, flights or details of holidays you have been on together etc.

I spent 6 months compiling the information and completing all the forms before finally sending it off

jackbhoy

missbudget wrote: »

I have done this and you will need LOADS to sent to Immigration as proof of your relationship. Make sure you have items like joint bills, joint bank account, mortgage or lease agreement on both names, wedding invitations to you both, flights or details of holidays you have been on together etc.

I spent 6 months compiling the information and completing all the forms before finally sending it off

Wow, what visa type was that for? We just sent copy of lease, a couple of letters, bills and travel documents and they were happy with that. One of them was just a letter from Abbey theatre with our joint membership on it. I'd presume they are stricter for PR visas etc but ours was pretty straightforward.

hussey

jackbhoy wrote: »

Wow, what visa type was that for? We just sent copy of lease, a couple of letters, bills and travel documents and they were happy with that. One of them was just a letter from Abbey theatre with our joint membership on it. I'd presume they are stricter for PR visas etc but ours was pretty straightforward.

Yeah PR visas are much more through, 457 defacto's are usually straight forward

Ozeire

Yeah PR is much more . I am married to an Aussie for 5 years now with a 3 year old girl and still took me over 8 months waiting to get the visa granted . I had to give them yeras of bank statments and wage slips and any thing else that had both our names on it .

They are really clamping down on all visa now . As so many people are trying to work around the system and use visa's for more than they were intended for .

the dee

I got mine a few years ago. We knew we'd be applying for it so we kept really good records. They did want something for each month of the preceding 12 months to show that we were together. Like I sent a joint bill for March and May and they wrote back asking for something for April! I guess it was easier as we had only been together 12 months when we applied, so we didn't have to sort through years worth of stuff. We applied from Ireland, through London and (once they had everything they needed) it took about 3-4 weeks to get processed and approved. Then you have to re-apply 2 years later and send proof that you're still together to get PR.

Mellor

Ozeire wrote: »

Yeah PR is much more . I am married to an Aussie for 5 years now with a 3 year old girl and still took me over 8 months waiting to get the visa granted . I had to give them yeras of bank statments and wage slips and any thing else that had both our names on it .

Seeing as you're married and its not a defacto relationship, I would of thought that the marraige certificate/license was plenty.

universe777

Mellor wrote: »

Seeing as you're married and its not a defacto relationship, I would of thought that the marraige certificate/license was plenty.

You would think so alright but not so. I suppose it is to stop sham marriages etc.
Used to be the case in Ireland up until 2005 I think where if you married an Irish person you were granted citizenship automatically, crazy really!

Ozeire

Mellor wrote: »

Seeing as you're married and its not a defacto relationship, I would of thought that the marraige certificate/license was plenty.

No marraige cert isn't enough any more . I sent 4 yeras of records showing the two of us having been married having a child having a bank loan, credit cards together . Living together and all the bills that go with that and still they emailed back looking for a 2 month priod I had missed out with bank statement from end of 2008 .

Also had to get my 2 reference to give me copies of their birth certs and passports to prove they were Australian . A reference off a person we knew in Ireland for all of our relationship wouldn't do them .

There is no such thing as getting a PR visa in a few weeks any more . It takes all of the 6 - 8 months and possible more they say it does .

They way things are gone now i guess .

hussey

Just thinking aloud, but how does an arranged marriage work?

One of the lads that works with us has gone back to Pakistan to get married, I am assuming he'll bring her back

I'm guessing they allow for all religious marriage

Mellor

A marraige, even if arranged is still a legitimate marraige, I imagien he intends to stay with her for the rest of his life, so from that point of view she is entitled to a spouse visa.

hussey

Mellor wrote: »

A marraige, even if arranged is still a legitimate marraige, I imagien he intends to stay with her for the rest of his life, so from that point of view she is entitled to a spouse visa.

I mean, since Ozeire said his marriage cert wasn't enough, he had to provide years of evidence etc.

was just playing devils advocate

Mellor

hussey wrote: »

I mean, since Ozeire said his marriage cert wasn't enough, he had to provide years of evidence etc.

was just playing devils advocate

What i mean was, that was his situation, in a relationship for years, then got married. He had to provide evidence that this story was true. And that he wasn't just getting his best mate a PR visa.

The guy who has an arranged marraige, has a different story. He has no relationship, he probably never spent much time with the person. But his marraige is still legitimate. If he simple explains its an arranged marraige, letters from their parents (or who ever arranged it). Maybe a letter for an embassy to verify the process and that's all he can possibly have.

They basicaly ask for all the evidence that you could possibly have.

The Sweeper

When I applied there was a time limit.

We didn't have kids, and even though we were married, we weren't together five years. (We had been cohabiting 4 years and 7 months or somesuch.) Subsequently, I couldn't get a permanent spouse visa, and had to get a temporary spouse visa. Once I'd been living here two years, and still with himself, I was able to apply for permanent residency.

Mellor

The Sweeper wrote: »

When I applied there was a time limit.

We didn't have kids, and even though we were married, we weren't together five years. (We had been cohabiting 4 years and 7 months or somesuch.) Subsequently, I couldn't get a permanent spouse visa, and had to get a temporary spouse visa. Once I'd been living here two years, and still with himself, I was able to apply for permanent residency.

I always assumed you were a guy, have no idea why.

hussey

Mellor wrote: »

I always assumed you were a guy, have no idea why.

Me too ... but I reckon because of the Mr Men Avatar

missbudget

The processing times for De Facto visa through London in 2010 was 4 months. I think this year it is even longer so make sure to submit all evidence at least 6 months before you plan to move to Australia

Mellor

Or do it from australia if you have the option

Jumpy

Mellor wrote: »

A marraige, even if arranged is still a legitimate marraige, I imagien he intends to stay with her for the rest of his life, so from that point of view she is entitled to a spouse visa.

This is not correct. If they cannot prove that its not for convenience then they will not grant it.

You are not automatically entitled to it just because you married an aussie.

I am Australian and with my wife for 4 years. Took close to 10 months to sort out.
If he has only just met her she has bugger all chance of getting cleared.

Mellor

Jumpy wrote: »

This is not correct. If they cannot prove that its not for convenience then they will not grant it.

Can you point out where I was incorrect please?

I specified if he intends to stay with her for the rest of her life, therefore not a marraige of convience. I also never said it was automatic, I said he was entitled to one. Which doesn't mean its guaranteed. There's a difference.

ellaq

I applied as a defacto to a PR within Australia. I sent in all the legal stuff, like joint tenancy, bank accounts, photos, etc. The case officer asked for more, they wanted silly stuff like cinema tickets. I sent in a large bag of Christmas cards, some wedding invitations and some stuff that I considered miscellaneous. It took about 4 months for the visa to be granted and I was allowed to work in the mean time.

The interview was pretty casual and we were interviewed together. He said we would make Australia very happy if we built a house and had a couple of kids. Back in the boom times when everyone was building a house in a new development.

I do know someone who relationship was a bit more complicated. He still got his visa and managed to get them to waiver the 2 year wait before he could apply for PR. However, they were interviewed separately and it was an intense interview by all accounts.

hussey

ellaq wrote: »

I do know someone who relationship was a bit more complicated. He still got his visa and managed to get them to waiver the 2 year wait before he could apply for PR. However, they were interviewed separately and it was an intense interview by all accounts.

Hmmmm ... are you sure? Everyone has to go down this path

ellaq

He definitely had an Australian passport well within 2 years of applying. I attended his citizenship party. He had to give up his other citizenship because that country did not allow him to hold both. I don't know the exact circumstances of him getting the exception, the whole case was exceptional hence the extra scutriny.

universe777

Regardless of culture and arranged marriages etc you still have to prove to DIAC that you have been living together with your other half (don't need to be married) for the previous 12 months, and have lots of proof to back it up.
That is for offshore partner visa 309/100, I presume onshore is the same.
I only had to wait 3 months for it in 2009, should be getting PR any day.

hussey

ellaq wrote: »

He definitely had an Australian passport well within 2 years of applying. I attended his citizenship party. He had to give up his other citizenship because that country did not allow him to hold both. I don't know the exact circumstances of him getting the exception, the whole case was exceptional hence the extra scutriny.

Getting a passport is a citizen, not a PR. So he didn't get waived in this case, he skipped the process as he was a citizen(but being a citizen also entitles you to PR)
Massive difference. You'll either have to inherit citizenship (parents, grand parents, raised here) otherwise takes at least 4 years of living here. There are no exceptions for citizenship.

mandrake04

hussey wrote: »

You'll either have to inherit citizenship (parents, grand parents, raised here) otherwise takes at least 4 years of living here. There are no exceptions for citizenship.

It used to be only 2 years before you could apply for citizenship then the rules changed around a few years ago when the Citizen Test was introduced.

If you joined the Australian Defence Force through a lateral transfer or just joined up as a PR they let (make*) you take the oath.

Zambia

Members of the military I believe can fast track to citizen. However these days it is very hard to join up as a PR.

hussey

Well that makes sense, as far as I know ellaq has been here a few years, so all that could match up, and if there was extra scrutiny around his application.

One of the guys I work with is from Cabramatta (Vietnamese area of Sydney) and he says the going rate of a marriage/PR is around 30k, as they have to live together for 2 years!

Mellor

universe777 wrote: »

Regardless of culture and arranged marriages etc you still have to prove to DIAC that you have been living together with your other half (don't need to be married) for the previous 12 months, and have lots of proof to back it up.

I'm not sure that's true. A lot of people don't understand what De Facto actually is. De facto means by the fact. And is nothing to do with couples/partners etc.
A de facto partnership is one where the couple are living together as husband and wife, a domestic union. For all intents and purposes the law can view them as married even though they lack the paperwork. Immigration require that a couple be living together at least 12 months before they achieve this.
But a married couple is assessed differently. They aren't trying to prove their de facto status, by definition it doesn't apply to them. They are trying to prove that they are a legitmate couple, and not a free pass to a visa. Living together would obviously stand as a piece of evidence, but there are still some religious people out there who would never "live in sin". I don't think these people are required to be married 12 months before they apply. I think its pretty much a case by case basis.

Basically, just because they ask for something. Doesn't mean you can't get visa granted without it.

Edit: The 2 years is required for your own PR. I've heard of a few couples who kept up appearances to reach 2 years before breaking up.