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Change tourist Visa to De Facto Visa

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stevemc
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Joined: Tue Jul 24, 2007 11:27 am

Change tourist Visa to De Facto Visa

Post by stevemc » Tue Jul 24, 2007 11:32 am

Hi,

I'm Australian and my partner is Slovakian and we are both resident in UK at the moment. We'd both like to move to Australia shortly but have only been living together since Feb 07 so we aren't eligible for the De Facto Visa. If my partner got a 6 month Tourist Visa and then we moved to Aus, would she be able to swap to a De Facto Visa later... i.e after Feb 08 once we have been living together for 12 months? Has anyone done this?

Thanks

Us_to_AU
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Joined: Thu Sep 20, 2007 1:47 am

Post by Us_to_AU » Thu Sep 20, 2007 1:52 am

Hi... have you found an answer yet? I'm currently going through the same thing.

I live in the US and my partner lives in AU... I don't know how we can live together for 12 months without either of us losing our jobs.

If you've found an answer elsewhere, please let me know?

I fall short to qualify for a skilled work visa and I don't know any other visa's that will get me there.

loneranger
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Joined: Fri Sep 14, 2007 9:08 pm

Post by loneranger » Sat Sep 22, 2007 10:11 pm

Us_to_Au ,if you or your partner is Australian, you can apply for prospective marriage visa..if you are planning to move Australia.

Us_to_AU
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Joined: Thu Sep 20, 2007 1:47 am

Post by Us_to_AU » Sat Sep 22, 2007 10:25 pm

We're a same sex couple... can't get that one.

loneranger
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Joined: Fri Sep 14, 2007 9:08 pm

Post by loneranger » Sat Sep 22, 2007 10:36 pm

then you can apply for interdependency visa of Australia...it is same type of visa,but for same sex couples..

loneranger
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Joined: Fri Sep 14, 2007 9:08 pm

Post by loneranger » Sat Sep 22, 2007 10:36 pm

you can find more info about it on www.immi.gov.au

Us_to_AU
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Post by Us_to_AU » Sun Sep 23, 2007 12:58 am

We've looked over the qualifications... we have to live together for 12 consecutive months.... it's impossible for either of us to do without losing our jobs and our current housing.... well for me it is.... we thought of 6 months here and 6 months there... but if I got rejected I have to come back here to nothing.. no job and no home.

We've been all up and down all these visa's... there are all so dang hard to achieve!

Bratt
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Joined: Thu Nov 15, 2007 3:39 am

Post by Bratt » Thu Nov 15, 2007 4:00 am

You do what you have to do. You need to be together for atleast 12 months or they may reject it straight away. Just wait it's better then applying and losing $2100 for nothing

Trixy
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Joined: Tue Nov 06, 2007 3:03 am

Re: Change tourist Visa to De Facto Visa

Post by Trixy » Thu Nov 15, 2007 6:53 am

stevemc wrote:Hi,

I'm Australian and my partner is Slovakian and we are both resident in UK at the moment. We'd both like to move to Australia shortly but have only been living together since Feb 07 so we aren't eligible for the De Facto Visa. If my partner got a 6 month Tourist Visa and then we moved to Aus, would she be able to swap to a De Facto Visa later... i.e after Feb 08 once we have been living together for 12 months? Has anyone done this?

Thanks
Hi, as far as im aware you can move from the one visa to the other as long as you apply for the new visa before the current one runs out and as long as your partners tourist visa doesnt have the 'no further stay' condition on it. If you come into the country together its important that immigration dont get the idea that you will soon apply for a defacto visa because they might get a bit funny about it. It is important to wait 12 months tho before applying. I was told by an immigration agent that most people apply for the defacto visa from a tourist visa so i hope this helps you. Good luck!!

Daisy68
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Joined: Sun Nov 25, 2007 1:04 pm

Post by Daisy68 » Sun Nov 25, 2007 1:08 pm

Hi, I have seen this problem before on another forum. The end answer for this same sex couple was a student visa and then an interdependency visa - so that using the student visa you would be able to live and study and complete the 12 month requirement before lodging your interdependency visa - it's a long shot but it might be worth a try.
Best of luck

Poseidon
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Joined: Mon Feb 11, 2008 3:30 pm

Post by Poseidon » Mon Apr 28, 2008 7:36 pm

i almost have the same problem...
I'm a Turkish citizen, me and my partner living in Turkey right now, she's a NZ citizen and we're planning to move to NZ at the end of this year and we're also planinng to apply for a partnership visa afterwards... but first i want to go and stay there for a while before we apply for a resident permit for me, u know try before u buy ;)

We're in a relationship more than 12 months, we have joint bank accounts shared utility bills and our work refrence letters... i reckon these'd help..

My question is can i change my tourist visa into partnership visa after we decide to stay insted of coming back...

cheers...

pointillist85
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Joined: Sat May 17, 2008 2:09 pm

Post by pointillist85 » Sat May 17, 2008 2:33 pm

My same sex partner and I are in a similar situation.

We met in Australia (I am a dual citizen of both UK and Australia and my partner was on a year-long working holiday visa). When the time came for him to leave i decided to come back to the UK with him in order to wait out the 12 month requirement. We did that and then applied but due to a lack of a paper trail of joint documents in the first few months of our commited relationship it is looking as if this application will be rejected and we will have to reapply at a later date. We asked for some adivce as to when best to reapply but unfortunatly our case worker was rather unhelpful in offering any guidance as they did not want to seem biased or give us the wrong advice (for over $1000.00 I feel we deserve a bit more than that) so we are still left as in the dark as we were before we applied in the first place...Has anyone else found this problem?.

I am flying back to Australia very soon due to commitments back home and my partner would like to come and join me on a Tourist visa with intent to reapply for an interdependency visa when we feel (guess!) that we can provide the necessary evidence. However we have been advised by our case worker not to do this as immigration could have an issue with the dual intent of the tourist visa. However it says nothing about this in the visa guidelines and the guidelines go as far as saying

"Temporary Visa

If you lodge your application outside Australia, you must be outside Australia when the temporary visa is granted. If you lodge your application in Australia, you must be in Australia when the temporary visa is granted. "

To me this means that it is ok for one to be in Australia on one type of visa and then apply for the interdenpendancy visa? Does this apply to the tourist visa? I can't see why it doesn't. It seems to us that the person dealing with our case is very competent at telling us what we cannot do and what we shouldnt do but is completly avoiding giving us any advice as to what might help us. Has anyone else found this problem? Are we entitled to more advice? Is there anyone else we can speak to?.

:? :D

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