De-Facto Spouse Visa -- Just a few questions

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kugaijin - 19 Dec 2007 02:36 GMT

hi...
my girlfriend of 3 years and i are about to apply for the de-fact
spuse visa for her to move out here from Japan ...
we have almost everything together ..
evidence ..
Xmas cards sent to each other
a heap of photos covering the 3 years
printed emails covering the periods of seperation (only ever had t
seperate due to visas)...
rent / electricity etc. reciepts...
her statement ... (starting on mine today)
a heap of tickets from joint travel / activities
my payslips for the last 2 years
all completed forms etc etc
(also still waiting on a couple of stat. decs.)

anyway...
my only concerns are ..
we have had to seperate again (3rd time in 3 years ...1st time 1month
2nd time 8 months ...this time 1week so far)due to my japanese workin
holiday visa expiring ... will this be a problem even though we ha
been together 24/7 for the entire year and a half i spent in Japan? an
we are calling each other or at least messaging daily during any time o
seperation...
also as i have only just returned from a year and a half overseas i a
only "seeking employment" at the moment ... should i wait till i star
a new job before even bothering to lodge my application? or just sen
it off and inform the department after i start work?

any help at all would be much appreciated
thanks
Chri

--
kugaiji

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William - 20 Dec 2007 03:14 GMT

On Dec 19, 1:38 pm, kugaijin <kugaijin.
31t...@advice.forums.gettingdownunder.com> wrote:

> hi...
> my girlfriend of 3 years and i are about to apply for the de-facto
[quoted text clipped - 32 lines]
> kugaijin
> Posted viahttp://www.gettingdownunder.com

I think it's possible they will give you a defacto visa, but its also
possible they won't. What DIAC says:

What is the relationship requirement?
Applicants seeking to demonstrate a de facto or interdependent
relationship with their partner must provide evidence that, for the
period covering at least the twelve months before the visa application
is lodged:

they had a mutual commitment to a shared life to the exclusion of all
others
the relationship between them is genuine and continuing and
they live together (or do not live separately and apart on a permanent
basis).

So, now it depends on what they think is permanant basis of being
apart. A visa to live and work in the same place as your de-facto I
think they will consider a permanent basis.

Why not a Fiance Visa? You have everything you need for that it seems,
and all you've got to do is complete the paperwork and get married 9
months after she's granted the visa. You won't risk being turned down
I think.

But, if you continue with de-facto and get denied, you can always re-
apply for the fiance visa. I'd say apply for one or the other asap.

Greg

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kangaroo16 - 20 Dec 2007 05:25 GMT

On Wed, 19 Dec 2007 19:14:41 -0800 (PST), William
<wgpierce@gmail.com> wrote in
<03aab9ac-bdcd-48c0-958c-2c50c75baeaa@a35g2000prf.googlegroups.com>

>On Dec 19, 1:38 pm, kugaijin <kugaijin.
>31t...@advice.forums.gettingdownunder.com> wrote:
[quoted text clipped - 63 lines]
>
>Greg

I don't pretend to have any expertise on such matters, but
I would regard your post as excellent advice.

Still, as far as I am concerned, it would be easier for such
applicants to be formally and legally married.

Yes, I realise this is a pretty big step to take in a lifetime,
but, then again, so is migrating to another country.

In some cases, IMHO, if people are not willing to make the
commitment that marriage requires, why would they want to
migrate to another country?

Just my opinion, though!

Cheers,
Kangaroo16
Sydney, 4:25 PM, Thursday, 20 December, 2007

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Immigration Forum / Australia and NZ / December 2007

De-Facto Spouse Visa -- Just a few questions