Sorry - Australian Visa Question

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  1. #1

    Join Date
    Aug 2008
    Posts
    69

    Sorry - Australian Visa Question

    Hi All,

    I apologise in advance, as I know this is an Australian question in a HK forum, but any help would be great.

    I wonder if anyone could kindly offer there advice or how to move forward.

    I am Australian and I have just been told I am being transferred back to Australia, however my fiancee is not Australian, rather British.

    She studied in Australia from the age of about 15 right through to uni grad and the age of 21 years, she was on many student visas. She left Aust with me in 2007, and now we have to get her back in!

    My question is, is she able to apply for a defacto visa or possibly residency as she has studied in aust for so many years?

    Thanks SO much again!

    J


  2. #2

    Join Date
    Oct 2006
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    Sarcasm - because beating the crap out of people is illegal
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    14,622

    Have you looked into the Prospective Marriage Visa? You'll have to get hitched within 9 months.
    http://www.immi.gov.au/migrants/part...ospective/300/

    Last edited by Claire ex-ax; 23-06-2009 at 11:36 AM.

  3. #3

    Join Date
    May 2009
    Posts
    40

    Australian visa

    I am aware that last year the Oz govt allows student to apply for PR if they did "hospitality" and "IT" courses in Aust. I was living nearby a Cooking School and a Technology college then and I could see a lot of students from India, Pakistan, etc taking this opportunity.

    I am not sure of the current environment as there were talks of the Govt tightening immigrants coming into the country. The policy keeps changing every so often. It all depends on what you studied and from what country. I have friends from Indonesia studying in Melb got rejected for PR application.

    If both of you meet the requirement, I don't see why she can't apply for defacto catergory.


  4. #4

    Join Date
    Aug 2008
    Posts
    69

    hmm might be a stupid question, but would the embassy be the best people to call and explaine the situation?


  5. #5

    They now condisder long term Defactos to be married. So spousal Visa would cover u


  6. #6

    Join Date
    Jun 2007
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    Ex Sai Kunger Sunny Qld for now
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    Australia Skilled Immigration Points Calculator

    If your partner is from the UK, ie a full British subject etc, she shouldn't have any problems providing she passes the minimum skills eligibility criteria on her own.

    British subjects make up the largest percentage of new immigrants in Australia, helped largely due to the AUS govt actively seeking skilled applicants from the region since the early 2000's, to make up the skilled labour/tradespeople shortfall.

  7. #7

    Join Date
    May 2005
    Posts
    4,279

    The Australian Embassy operate on eastern seaboard surf hours and you will have difficulty getting them after 2pm. You are way better off contacting DIAC directly after you have had a good look at their website (which is so good that it must have been designed by one of us immigrants from the mother land).
    Posted via Mobile Device

    Last edited by discobay; 23-06-2009 at 11:50 AM.

  8. #8

    If you are living together for more than 10 months, you are eligible to apply for subclass 820/801 visa under defacto relationship. Your fiancee simply come with you to Australia with tourist visa and then lodge an application in Australia. See the requried forms & documents:

    1. Form 47SP – Application for migration to Australia by a partner – completed by applicant
    2. Form 40SP - completed by nominator (partner).
    3. Form 80 – completed by applicant.
    4. Form 1190 – Additional character declaration.
    5. 2 passport-sized photographs each of you and your partner.
    6. Original passport of applicant.
    7. Birth certificate of applicant.
    8. Proof of Australian citizenship or residence of partner,
    9. Relationship statements from applicant and partner detailing development of relationship and future plans.
    11. 2 Form 888’s completed by friends or relatives stating that they believe the relationship to be genuine. These forms must be signed as statutory declarations and must have proof of the Australian citizenship or residence of the person signing, eg passport or birth certificate.
    12. Evidence of genuineness of the relationship - rental receipts, joint bank a/c statement, joint utituties accounts, joint membership, joint travel (boarding passes/itineraries), photographs, etc
    13. Penal certificate from any country where you have lived for 12 months or more during the last 10 years.
    14. Completed x-ray and medical examinations. Form 160 and Form 26 are to be taken to the appropriate medical centres. A
    15. Application fee of $2,525.00 (start from 01/07/09) payable to the Department of Immigration & Citizenship

    Note: The most important is point 12 & she has a ETA tourist visa without condition of 'no further stay".