I'm a bit confused as to our eligibility and would appreciate any
advice. My b/f is Aussie and we've been together for 12 months and lived
together for 7. We regularly visited eachother (usually weekly) outside
of living together and have flight tickets, phonebills and emails to
prove regular contact.



My b/f shares my rented room so isn't on the lease/bills, but does have
mail at this address due to a local bank account, gym membership,
medical card etc. My housemates will write official declarations to
confirm the time that he has lived here, regularity of visits etc.



Friends and family are prepared to give us official declarations
confirming our relationship and we've got lots of our own evidence -
pics, emails, cards etc.



He is on my car insurance and we have a joint bank account.



Could we apply for De Facto on this basis? If not is there anything I
can do besides wait?



He's going home to Oz next month - I'm coming with him for 3 months and
then returning on my own. I want to get the visa sorted and follow him
back out asap but not sure what my options are. I've been told I'm
eligible for Aus Skilled but know it takes much longer to process.



Thanks for your help.


--
Posted via http://britishexpats.com

Please can anyone advise me on this?


--
Posted via http://britishexpats.com

Hi,

Thought somone like Jeremy would pick this one up - maybe you'll have
more luck now the weekend is over!

I think you can probably apply under de facto as you can prove the
relationship is over 12 months old. You have to be able to prove that
there are good reasons why you haven't lived together for the full 12
months, but there was a recent post where I think it was said that even
reasons like not wanting to live together before marriage for
religious/moral reasons were acceptable.

I can't give you a definitive answer though, hopefully someone else will
pick this one up later today. What I CAN tell you is that you will need
every scrap of proof you can get about your relationship. Have a search
on the lifestyle forum for posts by Anthonykirby (if you haven't
already) - I know I've said this before, but his is really the best
story to follow for de facto, as he got asked to provide more proof and
he as listed everything he did. And he got his visa in the end too!

Good luck,


--
Posted via http://britishexpats.com

Hi Sparkley



My bf and I were in exactly the same situation (together for 22 months,
cohabitation = 7 months, due to no work permit in partner's country,
shared accomodation, statements from flatmates, telefone bills, joint
travel, letters, cards....). We had no official paper that proved him
staying with me and none that proved me staying with him in AUs, only
statements of friends and family and emails, letters, phonebills....
When ringing the embassy I was told that we had little chance. We then
went for an interview and at the same time handed in the front loaded
application and two hours later I had the visa in my passport. The only
thing is, I believe they don't do interviews any more in London. We went
to Berlin, as I am Swiss citizen. If your reasons for not living
together are "good enough", I think they accept them. I suggest you
should maybe try and ring London embassy to see what a case officer says
to you situation, maybe you get a feel what their general opinion about
it is. Even if it sounds a bit negative don't give up and as Pollyanna
suggested, give them every bit of proof you have and collect as many
statements/declarations as possible. I even got one from my boss
overhearing my daily phoneconversations with bf. We also wrote a
statement explaining exactly why we had no joint lease/bank account etc.
Also our histories of relationship were very detailed. (not sure wether
the case officer read all that, but I think we made it clear enough that
we are very serious and that our relationship is close and of long
duration....and all that). Hoping the best for you.



Barbara



Forgot to mention, we did not use an agent, just studied requirements
on immigov site over and over and used this forum, thanks again to
everyone:-)


--
Posted via http://britishexpats.com

Thanks for your advice girls - much appreciated. Sounds like it's a
possibility then but could be difficult. I'd love to hear from anyone
else who's gone through something similar - or from one of the agents.
Our reasons for not living together for the whole time are initially
that we'd only just met, but do have evidence of regular contact, and
then that he had to return to London for a few months work - during
which time we visited weekly/fortnightly. I'll check out Anthonykirby's
threads Pollyanna - thanks for that. :)


--
Posted via http://britishexpats.com

Any agents willing to give me a verdict/opinion on this? :)


--
Posted via http://britishexpats.com

Does your evidence go back a year? Can you get stat decs from both sides
of the family? Your case is borderline so I would cover as many of the
suggested angles as possible. According to what you say your
relationship meets the requirments outlined in the following link:



http://www.immi.gov.au/facts/35relationship.htm



Good luck.


--
Posted via http://britishexpats.com

Yes our evidence does go back a year (inc digi pics from the day we
met!) And both sides of the family would definitely give us stat decs,
in addition to a string of friends and housemates.



If we were to get turned down, could we reapply once more info had been
gathered or would an initial rejection go against us?



Because we're borderline, would front loaded application be a benefit or
is it best not to make that investment, possibly unnecessarily?


--
Posted via http://britishexpats.com

You could always spend the next five months gathering stat decs,
applications, setting up a joint account and using it reguarly etc.
Then, when you send everything off in five months, you would have been
living together for twelve months and everything should be fine. Depends
how patient you are really, my Aussie lady isn't too enthralled at the
prospect of another British winter but hopefully it's her last.


--
Posted via http://britishexpats.com

Originally posted by Sparkley
Yes our evidence does go back a year (inc digi pics from the day we met!) And both sides of the family would definitely give us stat decs, in addition to a string of friends and housemates.

If we were to get turned down, could we reapply once more info had been gathered or would an initial rejection go against us?

Because we're borderline, would front loaded application be a benefit or is it best not to make that investment, possibly unnecessarily?



As long as you can prove that you have been together for a year and you
meet the health and character requirements I cannot see why they would
reject you. When I mean borderline I am not on about the length of the
relationship but about the length of proof for the relationship.



I still have not heard of anyone being rejected but I have heard of
requests for more evidence. My personal feeling is to apply a year from
the first dated piece of evidence. That would send you the right side of
the 1 year requirement.


--
Posted via http://britishexpats.com

Thanks Bondi - good advice - I've taken all of it on board and you've
really encouraged me to go for it.



Kentish Man - in 6 weeks' time we're heading to Oz for 10 weeks. At the
end of that my b/f will stay there and I'll come back home alone :(



Could it go against us if we're apart while making the application/ is
it feasible (in terms of medicals, police checks etc) that I could turn
it around BEFORE we go? Otherwise I'll submit it as soon as I get back
and follow him out there if/when it's approved.



Sparkley


--
Posted via http://britishexpats.com

I would imagine another 16 weeks together would count for a lot. You'll
have travel docs and stat decs from family members to add weight. I'm
sure the authorities are aware of the difficulties involved with an
Aussie and a Brit not being able to live together for any length of time
in each others countries so provided you're keeping up communication in
the periods apart all should be well. Are you getting your medicals and
police checks done? From what I've heard front end loading is processed
very quickly for de facto visas.


--
Posted via http://britishexpats.com

Front-end loading it will get it processed a lot quicker. I'd wait until
you get back before submitting it, and then front-end load. Send off for
the police check before you go to Oz - thats what takes the time. Then
you can submit that, the medical, and your passport, all with the
application.


--
Posted via http://britishexpats.com

Thanks a lot Kentish Man and Pollyanna - both for the advice and saving
me more sleepless nights trying to sus this out on myown! ;)



I'll do as you suggest - should I try to organise the medical before
I go too Pollyanna (not sure if needs to be dated close to
application or not)



Thanks again

Sparkley


--
Posted via http://britishexpats.com

Originally posted by Sparkley
Thanks a lot Kentish Man and Pollyanna - both for the advice and saving me more sleepless nights trying to sus this out on myown! ;)

I'll do as you suggest - should I try to organise the medical before I go too Pollyanna (not sure if needs to be dated close to application or not)

Thanks again
Sparkley



Medicals and police certificates are valid for a year. You will have to
enter by Australia by the earlier of a year from the date of medicals or
police checks. There is some flexibility invloved with the medicals
(mine expired but as I had a clean bill of health so the officer gave me
a couple of months extra). Whatever happens speak to the case officer
before he issues the visa if you need extra time.



A lot of people go to OZ to validate, return to the UK, sell the house
and then migrate.



Good luck.


--
Posted via http://britishexpats.com

Do you think I'd be better validating in Oz then? - I'd have to go back
out to do it on an ETA - either this visit or when I go back after
that. I don't know if it's better to do it in UK or there, but imagine
I'd feel more confident going out knowing I had it rather than hoping I
get it sorted when I arrive. I have no house to sell so can go when I
like, so long as I give clients 1 month's notice. (I work freelance
from home).



Sorry - so many questions.


--
Posted via http://britishexpats.com

Hi Sparkley
You seem confused about what validating a visa means - you don't do it
on an ETA!

It's simply a holiday in Australia using a permanent or conditional
permanent visa to meet the 'first entry date' requirement.

Many people who are confused get themselves into a total mess, so do
consider hiring an agent if you feel you need help, as it may well
work out cheaper.

Jeremy
On Fri, 10 Oct 2003 10:40:58 +0000, Sparkley <member@british_expats.com> wrote:Do you think I'd be better validating in Oz then? - I'd have to go backout to do it on an ETA - either this visit or when I go back afterthat. I don't know if it's better to do it in UK or there, but imagineI'd feel more confident going out knowing I had it rather than hoping Iget it sorted when I arrive. I have no house to sell so can go when Ilike, so long as I give clients 1 month's notice. (I work freelancefrom home).Sorry - so many questions.--Posted via http://britishexpats.com

This is not intended to be legal advice in any jurisdiction

I don't appreciate being made to feel stupid for not understanding the
terminology of something I've not experienced before. Presumably an
agent is there to provide support and constructive advice - something
most users of this forum are fantastic at.


--
Posted via http://britishexpats.com

No offence is intended. But the system is *complex*.

That's the reason why so many people end up in a mess through visa
refusal on a technicality (especially with onshore applications),
missing out on opportunities for applications they didn't know
existed, or later on losing their PR by accident through confusion
over the resident return rules.

Jeremy
On Sat, 11 Oct 2003 11:50:22 +0000, Sparkley <member@british_expats.com> wrote:I don't appreciate being made to feel stupid for not understanding theterminology of something I've not experienced before. Presumably anagent is there to provide support and constructive advice - somethingmost users of this forum are fantastic at.--Posted via http://britishexpats.com

This is not intended to be legal advice in any jurisdiction

I'm confused..



...If Sparkley is successful in obtaining a de facto visa then this will
be a subclass 309 visa, which is a 2 year temporary visa - not a full PR
visa. The 309 visa will allow her to reside and work in Aus for a period
of 2 years when her situation will then be reviewed by the immigration
authorities and if her relationship with her sponser is continuing then
full PR will be granted. - I think I'm correct in saying that.



It is being suggested that she obtain the subclass 309, travel to Aus to
validate entry then return to UK to tie up loose ends etc. etc. then
return to Aus at her leisure.



Fine in theory but I what about the return visa??



Sure someone emigrating and arriving as a full PR is eligable for a
residents return visa. But what about someone arriving on a subclass 309
temporary visa.



Does the 309 entitle the holder to obtain return visas as is the case of
a PR holder.



If so are there any special restrictions?



Cheers



Barkingtoad


--
Posted via http://britishexpats.com