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The Little Jogger

  By an exercise-loving Registered Dietitian

The De Facto Visa

3/30/2011

20 Comments

 
PictureBefore going to the airport to go to Disney World. July 2008.

I spend a lot of time blogging on my day-to-day life, but I also realize that I haven't covered some of the important details in my life. For instance, how did I meet this Aussie bloke that recently put a ring on my finger? Where and when will this wedding take place? I'm actually surprised that I never wrote a post on how we met, because I love telling stories. I have no doubt that I will answer these questions in depth one day. For now, though, I want to cover how I have been able to stay in Australia for almost two years without getting deported!


Australia is a very desireable place to live, so it makes sense that the government needs to limit who can stay and who needs to go. There are certain visas, and if you meet the criteria, then you can stay for an allotted amount of time. If you're lucky, you can stay longer. Let me take you through my journey with my Australian visas. 

The Work and Holiday Visa (NOT to be confused with the Working Holiday Visa for Commonwealth and a few other countries)
Picture
Bubba Gump Shrimp Company at Navy Pier in Chicago. July 2008.
As an American between the ages of 18 and 30, I was able to travel to Australia and stay there for up to 12 months. While I was allowed to work, I was not allowed to have a job for more than 6 months at a time. This was how I started with temp work. I also couldn't study for more than 4 months, but it wasn't anything I wanted to do at the time anyway.

To be eligible for the Work and Holiday Visa, I needed to:
  • be in the age range
  • hold a US passport
  • have graduated from high school or equivalent
  • not bring dependent children with me
  • be able to prove that I had sufficient funds to support myself if they asked me (which they didn't)
  • be healthy (I could have been asked to get a physical examination)
  • agree to be kind to Australians and respect their culture
You also have to pay for it, but it's not very expensive compared to some of the other visas. I believe that I paid about $100 USD at the time.
 
I applied for the visa online, and the immigration department approved it a few days later. After that, I knew it was okay to buy my plane tickets and get ready to head over there. That visa was a piece of cake. Even better, my passport info was stored in their system. I never had to bring around documentation with me showing that I had the visa.



 

The De Facto Visa (also known as the Partner Visa)
Picture
New Years Eve Chicago. 2008-2009
Around May 2010, I had a choice: leave the country or apply for a new visa. I didn't have high hopes for a work visa, so I decided to let my man sponsor me instead of a company. With the De Facto Visa, I could stay in the country for two years as a semi-permanent resident. After two more years, I could easily become a permanent resident. Good deal. This visa, however, was not nearly as easy as the first one. There were many more requirements. First, my sponsor  needed to be:
  • an Australian citizen
  • an Australian permanent resident
  • OR a New Zealand citizen
Alastair, my sponsor, was born and raised in Australia. Check. 

Here were my requirements (including requirements for our relationship):
  • I had to be 18 years old
  • Al and I could NOT have a parent in common (oh, darn!)
  • We had to live together for twelve months by the time we applied, although they didn't have to be consecutive
  • I needed a medical check-up that invovled testing my blood for HIV and a chest x-ray. It had to be from an approved doctor, and I paid for it out of my pocket. It was not cheap. 
  • I had to meet character requirements. I needed a local police check from whereever I had been living for the past 12 months (I went to the Norwood police station in the Adelaide suburbs for this) and TWO federal police checks: one from the US and one from Australia. For the US, I had to get finger prints and send them in. America doesn't accept computer hand prints from other countries, so I had to use the ink. It was impossibly hard to get all of the ink off of my hands.
  • I had to present several bank statements to show that I could support myself (Al had to do the same).
The evidence we had to present for our relationship was overwhelming. To prove that we had been living together for over 12 months, we saved tons of envelopes and bills with our names and addresses on it. We even got our old gym in Vernon Hills, Illinois to print off bills from when Al belonged there in 2008-9. 

To show that our relationship was genuine, we turned in old correspondence between the two of us when we first met and every time that we were apart. We printed many, many pictures of the two of us, including photos with each other's families (all of the photos on this post are ones we used for our application, plus many more). All needed to be dated and captioned. We also needed friends and family to fill out forms saying that we were in a loving relationship. In otherwords, I wasn't using Al to stay in Australia. In addition, ALL official documents needed to be notarized. They had to be signed by an "important" and honest person, such a doctor, teacher, lawyer, and they had to give all of their details in case the goverment wanted to check on our source. Yikes! I'm sure I'm missing a lot things that we had to do, but I hope you get the idea that it was a lot of work.

Regardless, we got everything done ourselves. We could have hired an immigration lawyer to look over all of our paperwork, but we instead chose to save the money and do everything right. We had been researching for months before we turned in my application, so we felt confident that we knew what we were doing. 

Also, applying for this was not cheap. I won't say exactly how much it was (you can find out on the website), but Al and I split the cost down the middle. He paid for the whole thing, and then I sent weeks paying him back. I could have flown home and back with that money. 





Bridging Visas A and B
Picture
Zip lining in Costa Rica. December 2008.

I applied for my De Facto visa in April of 2010. My Work and Holiday Visa expired the following month, so I got Bridging Visa A. This meant that the conditions of my first visa (W&H) still applied to me. I could still work, and I didn't have to leave the country. As a matter of fact, I could NOT leave the country while they were still making a decision on the De Facto Visa (if I applied for the visa outside of Australia, I would not be able to enter the country until it was approved). If I left, I would not be able to get back in the country.
 
I did not know this at the time, and I had reservations to come home for a month in June. I probably would have cancelled my reservations or begged the government to free me for just a little while, but then my grandma got really sick. She had to have surgery during the time that I was supposed to be home. After a signed note from my grandma's doctor along with details of her sickness and leaving endless contact information so that the immigration office could get answers to urgent questions regarding my application, Australia gave me ANOTHER bridging visa that allowed me to leave and come back. I got Bridging Visa B. Whew.
 
I had a great time at home, and they let me back in. In October, my De Facto Visa was approved.




The advantages of my new visa
Picture
New Years Eve at Second Valley (Adelaide). 2009-2010.

  • I can stay in Australia as long as I want
  • I can leave and come back as much as I want
  • I can work and study whatever and as much as I want
  • I am on Australia's Medicare system, which is government healthcare. That means that I am covered for things like emergencies and get money back for doctor's appointments. Some things are even free for me. I could also purchase private healthcare if I wanted, which would get me better healthcare. It's still nice to have something that only Aussie citizens, residents and people like me are entitled to. 
Picture
Sydney, Australia. June 2009.
For more information on visas in Australia, visit the website immi.gov.au. 

Also, please feel free to ask me questions about Aussie visas if you have any. I'll answer them the best that I can (and then will probably direct you to the website). 

Dear readers: Please contact the Australian government with questions regarding the application process. As much as I want to answer all of your questions, it has been years since I applied for the visa. The application process may have changed since 2011. 
Thank you very much.
20 Comments
Barbara
3/30/2011 12:51:11 pm

That is incredible amounts of information you gave us on your visa! How amazing you did all that! I didn't know all the details. I'm proud of you!

Reply
green card training sydney link
5/24/2012 04:59:45 pm

Nice blog about the green card and visa.It is very much informative for the new comers who are less know about the customs and formalities.

Reply
uzbekistan visa link
9/10/2012 11:25:06 pm

Thank you very much for sharing this useful information. I was doing a project and for that I was looking for related information. Some of the points are very useful. Do share some more material if you have.

Reply
Karissa
4/12/2011 08:27:07 pm

Thank you so much for your story. I am In the same situation as you. I am an american, dating a aussie guy. Currently on a working holiday visa, which ends in august. Researching defacto visa now. and you really put it into clearer words compared to all these government web sites.

Reply
Jen
4/13/2011 03:14:16 am

Karissa- I'm glad that helped! Please let me know if you need any other advice on the visa. It's a lot of work, but it's doable. You can contact me in my "about" section.

Reply
Laura
12/4/2012 04:10:40 pm

Hey great blog! And you guys look cute together!

just wondering I am thinking about going defacto with my partner (he's Ozzie) but if it gets granted we are only planning to stay in Oz for another 6 months to save money and then planning on traveling for 18 months round the world...I've heard rumors when your on this visa you can't leave Oz for anymore than 6 consecutive months- do you know if there is any truth in this?

Thanks

Reply
Jenny link
12/6/2012 04:52:01 am

Once your visa is granted, you are free to leave and enter the country as you please! You have a lot of the same rights as an Australian permanent resident. You just can't leave the country until it's granted unless you have a special bridging visa. Good luck!

Reply
simone
1/27/2013 10:40:22 am

ok thank's is really full of info...but i'm already at this point now what i need to know is with my defacto visa granted (i'm already a permanent resident) can i go out and not lose the possibility to ask for passport after the 2 years with the defacto

Reply
simone
1/27/2013 10:42:53 am

sorry me again...
if i can go out how long i can stay my migration agent told that is 2 years the limit but i need some more info...thank you

Reply
Caitlyn
2/12/2013 09:34:34 am

Hi Jenny :)
My same-sex partner has just applied for and received her 2nd Working Holiday Visa. After the 12 months for the WHVII is up we will apply for the de-facto visa like you did. First of all, will she be able to study on the de-facto visa? And will it be paid for by the government like for Australian citizens, or will it be up front payment only? Also, we both live in Adelaide too so if you don't mind I might hit you up for some tips and tricks on the medical examinations and the submission of our application when it finally happens!

Reply
Jenny link
2/12/2013 10:16:25 am

Hi Caitlyn! I just wrote a reply and somehow deleted it, so let me try this again! The good news is that your partner will be able to study on her visa. The not-so-great news is that Australia will not pay for it. She will have to pay up-front, and it will be a lot more expensive for non-residents. If she waits until she gets her permanent residency (two years after her de-facto is granted), then she will get the good Aussie rates. I'm not in Adelaide anymore, but please send me questions as they come along. I will do my best to help you! Best of luck with everything!

Reply
Emily
3/8/2013 08:21:11 pm

Hi Jen,
Thanks for all this info. I'm nearly complete my application and am so overwhelmed! It seems like your app got approved super quick - lucky! I'm Canadian myself, so similar hoops. Where did you get your chest xrays? I'm trying to look for a place to get them done. Thanks!

Reply
Jenny link
3/10/2013 10:05:08 am

Hi Emily,
I would either call the national immigration number and ask, or you can turn in your paperwork without the examination. That's what I did. They will contact you after they receive everything, and they'll tell you where to go. I can't remember exactly where I went (somewhere in the Adelaide CBD), but it has to be a government-approved doctor. Good luck with everything! You'll be so relieved when you're all done.

Reply
Ray
4/25/2013 01:18:18 pm

Hi Jenny,

Great blog. Thanks for all the info. I too am applying for my de facto visa as my girlfriend is from Sydney. I am currently on the working holiday visa, which stipulates that I can't work for the same company for more than 6 months. Do you know whether the same conditions apply for the de facto visa? Or can you work unconditionally? This really affects my employability over in Australia you see.

Cheers,

Ray

Reply
Chloe
7/7/2013 07:17:13 am

Thanks for the info- do you know if you are able to apply for a government/policing job when on a defacto visa and also if I was do have a defacto visa granted am I able to go back home and live there for a number of months or is ghat in breach of visa?! Thank you for your knowledge in advance! X

Reply
Lili
3/16/2014 10:05:25 pm

Hello, great post. I'm currently on a working holiday visa and sending my defacto visa application tomorrow. My WHV expires in 1 week.
Do you know if the 6months work restriction that applies on my WHV will apply on my bridging visa and during the 2 years wait?
I have just started a permanent job and need to know if I'm ok to stay indefinitely legally.
Thanks so much,
Lili

Reply
Jen
3/17/2014 03:58:27 am

Hey Lili,
From what I remember, I think these 6-month restrictions will still apply with your bridging visa. If you just started your new job, though, you should be okay. For better info, I would try calling the number on the visa website. They will be able to give you a definite answer.
Good luck with everything!

Reply
Jen
3/17/2014 03:59:40 am

I forgot to add that once your visa is approved, you can work permanently. I'm talking about the semi-permanent visa that should be approved for you in the next couple of months.

Caitlyn
3/17/2014 06:56:43 am

Hi Lili! My partner submitted her de facto visa application late last year with the assistance of a migration agent. We were told EXPLICITLY by the migration agent that the government had changed their regulations very recently and that there would no longer be a work restriction (or any restrictions at all for that matter) on any bridging visas when going from a WHV to a de facto visa.

Even so, when her bridging visa was issued there was a 6 month restriction on it. We contacted our agent immediately and were told by him that immigration must have made a mistake - so we emailed the case officer who had issued the bridging visa and pointed out the new regulations, and within a day he had got back to us to apologise and remove the 6 month work limitation.
A bit of a major mess up on their behalf in my opinion, but at least they fixed it quickly! My advice would be that you should not have any restrictions on your bridging visa, and if you do get issued with any then comment on this post and I'll forward you the email we sent immigration to get it changed. Good luck! :)

Reply
Karl
10/14/2014 09:26:14 pm

hello, I have lodged my visa this MAY 2014 , may i ask. if there's any problem with the medical, who would contact me? the case officer or the hospital? Will it be revealed once the case officer studied our case? I havent heard any email from the approved hospital or case officer regarding lack or problems with health requirements so do you think it is safe to assume that there are no problems with health ?

Reply



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    ABOUT jennifer Martin, MS, RD, LDN

    I am  a Chicago-based Registered Dietitian working primarily in Acute Clinical Care. I started this blog in 2010, before I even knew that I wanted to be an RD! Now, as an active dietitian, this blog will become part of my life again. Read about my current healthy habits, but please peruse my old posts (from 2014 and before) to read about life as an RD student and my previous years in Australia!


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