Questions about Partner/Defacto Visas

[Guest Andy-Laa]

I'll just summarise my position (I will also summarise the questions at the bottom for the tl;dr people):

• "Met" my Australian partner online nearly 3 years ago (anniversary is the 23rd October) - by chance on Facebook if anyone is interested.
  
• She's 21 and I'm 19 so when we decided we wanted to be with each other, she was 18 and I was 16.
  
• She has holidayed to me twice and I have holidayed to Adelaide once and am currently on a Working Holiday Visa for 1 year.
  
• So it was:
  
  • December 2009, visits me for 2 months.
    
  • July 2010, I visit her for 3 months.
    
  • January 2011, she visits me for 1.5 months.
    
  • Since mid-July 2011, I've been here in Adelaide on a 1-year working Holiday Visa.
    

  [*]I have lived with my partner from the second day I arrived in Australia (ash cloud issues - had to spend a night in Melbourne)

  [*]I want a Defacto Visa (I understand the conditions, it's just some points were concerning me).

So, we have to be living together for a consecutive year and can prove both that and the fact that we were together 2/3 years previous with photos, emails and letters.

 

Yep we'll have done that by July 2012, but I'm wondering about whether I have to leave when my WHV would run out or am I allowed to stay whilst the application is pending? I can't work that one out. I was told by an agent that I shouldn't have to leave the country - that if I submit my application to him about 3 months before my visa expires...I'm just kind of confused about that one.

 

Do I have to have an income? "Have to be able to support each other financially" I mean she's a teacher, so she's earning a decent income and could support me technically as I'm finding it ridiculously difficult to find a job here at the moment, but would someone be able to clarify that one?

 

Questions summary:

 

Can I stay in the country while my application is pending after my original WHV runs out?

 

How long would the application generally take?

 

Will a health check from Australia be okay? - I assume so, so when should I get that done - and how?

 

How do I go about getting an English police check done if I'm in Australia?

 

When should I generally start organising - submitting the application, getting all the checks done etc?

 

Are there any problems I haven't factored in to my analysis?

 

Also, one miscellaneous question: I have a full English Driver's License. I have been told I can transfer it for a full Aussie lisence, but not until I become a permanent resident - true/false?

 

Sorry for the long read, my mind is being blown by all this, so here's a picture of a rainbow I took:

 

[Anne B]

Can't help much but I know that you can be issued with a Bridging Visa in some circumstances which allows you to stay in the country whilst the application is being processed. I'm not sure if it would enable you to work.

 

These applications can take a long time, I know someone who applied about a year ago and she is still waiting.

 

I am sure once you apply for a visa the Dept of Immigration will tell you when and where to go for a Medical.

 

I applied for a UK police check online but I was in the UK, see http://www.acpo.police.uk/NationalPolicing/ACROCriminalRecordsOffice/PoliceCertificates.aspx

 

Try to gather as much supporting evidence now to prove that your relationship is 'genuine and ongoing', such as correspondance, joint bills, photos etc

 

Read up all the info on the Dept of Immigration website:

http://www.immi.gov.au/migrants/partners/partner/820-801/

 

Download the Partner Migration booklet http://www.immi.gov.au/allforms/booklets/books1.htm

 

Join up on PomsinOz www.pomsinoz.com and use the search facility to ask all these questions and I'm sure you will find some useful information.

 

Good luck!

[snifter]

Can't help much. It sounds like you are doing all the right things in terms of what you have there.

 

FWIW onshore applications take a lot longer than offshore (and you have to leave fleetingly to elsewhere iirc so factor in that cost also). Last I read over on PIO it was taking a year or so.

 

You'd get your health check in Aus I am sure. Not sure if there is a list of places that do the medicals like we have in the UK. I am sure they will tell you when the time comes.

 

You have a lot of questions and there are some people here who will be able to help I am sure. However, it may worth be posting all this over on our sister site, Poms In Oz. This section would be the one to post it all in http://www.pomsinoz.com/forum/migration-issues/ . Also if you search over on that forum (and this one) you may find some of the answers you are looking for.

 

Good luck and keep us posted

[Guest tinkham_lee]

you cant apply for you visa until you have been living together for 1 year, (not including time you were holidaying together) meaning you cant apply until the day after your visa expires. Best thing to do is do the 88 days or 3 months regional work to apply for the second year WHV enabling you to stay in the country after your first year has expired.

 

Once your application is in you must be in Australia to be granted the visa (you can leave but you must inform immi and be back before the visa can be issued)

 

My application took 6 months, immi advise it can take up to 9 months

 

Once your application is in you get granted a bridging visa A enabling you to stay in Aus until a decision is made on your visa. you are not allowed to leave australia on this visa. your bridging visa will have the same work restrictions as the WHV

 

Your health check can only be done by medibank in the city. I did my health check just after I applied for my visa (makes the process slightly quicker)

 

Police check, need both english and aussi. I included my police certificates in with my application.

English police check needs a photo countersigned by a professional that has known you 2 years. I got my mum to take it to my english GP and got her to send the police check for me. They need an english address to send the certificate to.

 

Start organising now, all your evidence needs to be certified copies. provide letters to each other, open a joint bank account, get your personal statements written, and ask friends to write statements, get loads of photos and basically anything that has both of your names on.

 

Submit the application once you have been living together a year.

 

The main problem I can see you having at the moment is your WHV expiring 1 day before you have lived together a year.

 

As for the driving licence, you don't need to get it changed until you have PR. but I recommend you change it now. I got mine changed the day I arrived on my WHV to use as ID (save me carrying passport) and if you get stopped by police it will save a lot of time and hassle if you have an aussie licence, plus it will give you cheaper insurance.

 

Hope I have answered your questions and that it all makes sense. need anymore advice im happy to help