Defacto spouse application

Defacto spouse application - On or Offshore

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petereid - 29 Nov 2005 11:57 GMT

Hi, I've been reading this forum for some time and this is my first
post. Hoping some of you kind people will be able to help me...

My Aussie partner and I have been together about 2 years and plan to
emigrate to Aus under a Defacto spouse visa.

We have been residing in the UK, but my partner has returned to Aus
permanently due to an ailing grandparent. I remain in London. We are now
unsure where to lodge our visa application.

Can we still lodge in London or does my partner have to be present?

I have a return ticket to Australia - we were planning a holiday there
in January. Can I enter Aus as a tourist and lodge in Melbourne?

Any idea of the different timescales between onshore and offshore
applications? - I understand that London is processing front-loaded
spouse visas within days.

Thanks in advance!

Pete

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George Lombard - 29 Nov 2005 19:34 GMT

> Hi, I've been reading this forum for some time and this is my first
> post. Hoping some of you kind people will be able to help me...
[quoted text clipped - 18 lines]
>
> Pete

Hi Pete,

Your options include either possibility, but bear in mind that if you
enter Australia on a visitor visa then it's not looked on kindly to be
actually intending to lodge a spouse application after arrival. On the
other hand, many people do come on visitor visas to be with their
partners and then decide to lodge a spouse application, and that's
perfectly ok. Processing times in London and in the onshore spouse
processing areas here are about the same.

You'll probably find it convenient to talk all this over with an agent,
particularly as there are issues you'd need to consider in deciding
which way to jump, or if you hang around here long enough the visa
angels Pollyanna and Michelle will probably be able to share their
experiences with you.

Cheers,

George Lombard

www.austimmigration.com.au

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www.austimmigration.com.au

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petereid - 30 Nov 2005 17:05 GMT

> Hi Pete,
>
[quoted text clipped - 17 lines]
>
> www.austimmigration.com.au

Thanks very much for your reply George!

I called the high commission here in London, and was advised to lodge
here asap, without police checks (I won't have these for at least
another month).

Then, if the police checks arrive and the visa is granted while I'm in
Australia as a tourist, I'll have to leave and reenter - bit of a pain
but at least the application fee is cheaper here!

The only thing I'm still a bit confused about is this - when entering
Aus with an ETA visa, how do I respond to the "do you intend to remain
here permanently" question? Surely I'm in the same position as I would
be if I enter and lodge onshore...?

Sorry if this has been covered elsewhere. My head is spinning.

Oh, any recommendations for an agent in London?

Cheers, Pete

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Pollyana - 30 Nov 2005 21:46 GMT

> Thanks very much for your reply George!
>
[quoted text clipped - 16 lines]
>
> Cheers, Pete

when they ask you that you MUST NOT tell them you are intending to stay.
If you do, they will not let you in.
George could advise far better on this sort of thing, but if you have a
pending application for a spouse visa they may not issue you with an ETA
ecayse they may not believe your intent to leave. Also you will need to
tell DIMIA that you are travelling to Australia, so that they don't
grant the visa while you are in Aus - if they do, it'll cancel out your
ETA.
When did you send for your police checks?

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JAJ - 30 Nov 2005 23:09 GMT

> Thanks very much for your reply George!
>
[quoted text clipped - 16 lines]
>
> Cheers, Pete

ETAs are for those planning to *visit* Australia, not move to Australia.
If you are resident in the UK, apply for your visa in London then when
you arrive in Australia you will have a spouse visa and no problems.

Jeremy

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This is not intended to be legal or professional advice in any
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Immigration Forum / Australia and NZ / November 2005

Defacto spouse application - On or Offshore