DeFacto Visa Work Restrictions & baby on the way!!... help anyone?

[Guest LucinaKirsty]

Hi all,

In a bit of a pickle here. Myself (permanent resident) and partner from UK are applying for the DeFacto visa. It was lodged back in June 2011 and still waiting to hear back. I understand that it can take approx. 12 months until we hear anything, but during that wait my partner's work restrictions will mean that he has to quit his job and find a new one in March 2012. (He has the same work rights as the working holiday visa which he was on before - now on a bridging visa). The issue is that we have a baby due in May 2012 and really can't be messing around trying to find new work and risking no income during the process - it took us ages to find a permanent job for him; he is now a manager at a landscaping company with a good income, company car and best of all he loves his job! I can't bare to think how difficult life would be if he had to give up his job because of the work restrictions, especially with our first baby on the way. Is there anything we can do to stop this happening? I've come across form 1005, but that only seems to be for financial hardship (which I have no idea if we qualify for) and if the person has been sponsored for employment associated with some other visa types. Really really need some advice before I start pulling my hair out! Any ideas???

 

Thanks in advance,

Kirsty

[globetrotta]

Hello and Merry Xmas LucinaKirsty

 

Okay I am a Brit my partner is an OZ I applied for my de facto partner in Dec 2010, I got a call in June from Perth. FYI Perth as of the March took over processing Partner visas, anyway my partner visa came through in August so within the 9 month window I wont say there weren't problems they kept losing papers...even when I sent them certified or express. They never even asked to speak to her, we had no lawyer (we are both well educated why pay was our thought and it was expensive enough we paid $3500 time you add in medicals).

 

Anyway, I too am on the temporary work visa but no mention of restrictions of only 6 months; are you sure that is correct? That is news to me and I spoke to the tax office when getting the tax ID. I hope he doesn't have to give up his job nor do I think he has to based on my conversations. I have yet to find anything at all...am quite dissolutional about the whole thing, thought they wanted educated, experienced people no language barrier...they sure want to make it hard, may be the UK should apply such stringent requirements..LOL

 

I digress...look if he is on the defacto partner visa they say 6-9 months to process then 2 years before permanent residency although according to medicare they think its a year and only give you a card for a year...I would check with tax people the office is in the city sorry cant recall what street...my visa is sub class 820 pending approval of a permanent Partner visa sub class 801 I dont know if any of this helps any way good luck.

 

Regards Steven

[Guest tinkham_lee]

Kirsty, You partner can apply to extend the 6 month restriction for a further 6 months, as he has applied for a further substantial visa, (I did this and had no problems) if you pm me your email address I can email you the form (its a word document). Form 1005 is to change the type of bridging visa he is on, (which is not what your trying to do) when I applied for my de-facto visa they said 9 months and I received it in 7 months

 

Steven, Kirsty's partner is currently on the bridging visa and was previously on a working holiday visa which only allows him to work for 6 months with any employer. (the bridging visa has the same restrictions as the previous visa) once the temporary de-facto visa 820 has been granted there are no work restrictions

with Medicare, with all temporary visas they only issue the card for 1 year, which can be renewed at the end of the year.

For the processing, its 9 months to process then 2 years after the application went in before you can apply for PR which takes 6 months (so if it takes 9 months to be granted, you apply for PR 15 months later)

 

Hope all that makes sense,

[Guest LucinaKirsty]

Thanks for the quick replies guys,

However, he has already extended the 6month period to 12 months, and the 12 months will be up in March. Is there anything else we could try?? Also on application of the visa we were told that the time it takes to process is now 12 months because of such a large back log of applications!

[Guest tinkham_lee]

Apply for another 6 month extension, The letter I received when my extension was granted said "you are not permitted to continue with your current employer beyond this date without the prior permission of the Secretary." which I read as you can apply for a further extension. so I would apply to extend it again.

[globetrotta]

Tinkham_Lee

 

Thanks, I missed the part about the bridging visa so thanks again for clarifying that.

 

Your insight into applying for the PR is most helpful, but if I don't find work I'm leaving I wont waste another 2 years (spent 1 year on holiday visa's - 9 months waiting on temporary visa and then they apologised for not giving me a working bridging visa given my education and experience, now can't find anything in Adelaide).

 

Your response was extremely helpful regarding the process from here out as the case officer said Melbourne would be in touch regarding the PR...no mention of further applications, so for that I am thankful for the information.

 

Kind Regards

[xzibit]

This sounds strange, as I am a permanent resident and my girlfriend was on a working holiday visa, and we applied for a defacto visa, and from them relieving the application to them granting the temp 2 year visa was 3 days!! Are you sure you haven't left out any information? As if ours can be granted in 3 days, it's obviously not a hard task for them, so maybe they've noticed some information missing and put it to the back of the pile?

I don't think there's anything else you can do to extend his work period, and you can't risk overstaying at the job.

If it was me I'd be on the phone to them daily trying to suss out the reason it's taking so long. Probably a required document missing or something, they're very fussy.

Hope you get it sorted before March though!

[xzibit]

Oh and we applied in August this year so after you, so it can't have anything to do with the number of applications they have. It's worth trying to get an answer from them. Although, be assured that the date your partner can apply for their own permanent residency is 2 years after the date of application, not the grant, so if it's granted before March, you've only got just over a year before eligible for permanent residency.

[Guest tinkham_lee]

Leigh, were you and your partner in oz when you applied for the de-facto visa? reason I ask is that I applied in oz and it took 7 months, I front loaded my police certs and meds and they asked for no further info, they said it would take 6-9 months, I do know that if you apply outside of oz it is approved much quickly, (just a couple of weeks)

 

Steve, Melbourne immigration will be in touch after 2 years from when you applied for the temporary visa, they send you out the PR application forms to the address they have on file. Hope you manage to find a job soon.

[foxychick]

I would give contacting immigration a try. We were on very different visas to you, but a few times went to see immigration in Adelaide and they were more than helpful. I know of others who have also had good help and advice from the department in Adelaide. It might just be worth contacting them and explaining your situation, may speed up your application and sort your problems?

 

best of luck