Help applying for defacto spouse visa in OZ

I am Canadian and moving to Sydney with my boyfriend who is Australian. I have been told to apply for the defacto spouse visa once we are IN Australia, not before, and to travel in as a visitor (I got...

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Canadians in Australia and New Zealand

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pixie_girl77
Junior Member

Joined: 21 Jul 2008
Posts: 11
Location: Vancouver

Posted: Mon Jul 21, 2008 10:47 am

I am Canadian and moving to Sydney with my boyfriend who is Australian. I have been told to apply for the defacto spouse visa once we are IN Australia, not before, and to travel in as a visitor (I got an ETA travel visa online already). My main question is do I tell customs that I'm planning on applying for the spouse visa while in OZ or do I pretend I'm just visiting? I only have a one way ticket so it's going to seem obvious I think. I don't want to lie, but I don't want them to deny my entry if I tell them I'm planning on applying for residence. Anyone have advice?

Also, anyone whose done this I would love your comments on anything (how long did it really take, what steps to do once I arrive in OZ etc-I already have my RCMP check done).

Thanks

comet555
Super Member

Joined: 28 Jun 2007
Posts: 155
Location: Brisbane, QLD, Australia

Posted: Tue Jul 22, 2008 1:20 am

That's a great question actually, unfortunatley I don't really have an answer.

You're right to be concerned though because if you enter the country on a tourist visa you are expected to leave. So either way you play it could be a problem. I suggest either consulation a migration agent or posting your question on this website:

http://britishexpats.com/forum/forumdisplay.php?f=32

You will get some informed answers there and it'll be a lot quicker, there's way more traffic on that website.

You haven't mentioned how long you've been together. If you have been living together for a year or more than you can apply for a defacto visa while you're outside Australia. Lots of people apply before they move so I'm not sure why you were advise to apply only in Australia.

Anyway, I'm not an expert and can't really answer your question. But I would definitely post it on that website and if you don't get an answer talk to a migration agent. You don't want to any hassles when you arrive at the airport in OZ.

comet555
Super Member

Joined: 28 Jun 2007
Posts: 155
Location: Brisbane, QLD, Australia

Posted: Tue Jul 22, 2008 2:06 am

These links might be of interest:

http://britishexpats.com/forum/showthread.php?t...ourist+visa+apply

http://britishexpats.com/forum/showthread.php?t...ourist+visa+apply
(See post #11 and #18 for this link)

http://britishexpats.com/forum/showthread.php?t...ourist+visa+apply
http://britishexpats.com/forum/showthread.php?t...ourist+visa+apply
http://britishexpats.com/forum/showthread.php?t...ourist+visa+apply

From all I've read on these posts it certainly looks like a bad idea to do what you've planned. If you had a return ticket then arriving on a tourist visa would be pretty simple. However, arriving on a one way ticket on a tourist visa is difficult to explain. The only explanation that makes sense is that you are planning on staying longer which they won't like. So you're better off applying before hand.

pixie_girl77
Junior Member

Joined: 21 Jul 2008
Posts: 11
Location: Vancouver

Posted: Tue Jul 22, 2008 11:41 am

Thanks Commet555. Well now I'm officially starting to panic. I thought we had it all sorted out.we fly down in 8 days!
It was an immigration lawyer for the uni my bf has just been hired at who recommended we apply within OZ - don't know why except that I know you have to still be in the same place where you applied, so maybe he realized that since we needed to move soon it wouldn't be processed in time?
Also, we ARE going to the USA in the Fall, so maybe that will work in our favour, I wouldn't have had a return ticket anyway.
I wonder if I can be honest and say I am arriving as a tourist for a few months to see if I like it, applying for a defacto spouse visa, then visiting the US, then hopefully returning to OZ.

If I had known any of this I would have just applied from here and waited!

comet555
Super Member

Joined: 28 Jun 2007
Posts: 155
Location: Brisbane, QLD, Australia

Posted: Tue Jul 22, 2008 2:33 pm

Well, it doesn't look like you have much choice then. It looks like the best plan would be to buy the return portion of your ticket now, that way you can legitimately say you are going to be there a short time on your tourist visa. If that doesn't work then you can explain how you don't have a ticket because you will be flying to the US on your way out, they will still wonder why you don't have a ticket though.

I really would avoid saying that you're planning on applying for a defacto visa, they really wouldn't look on that too well.

I really really suggest you contact one of the migration agents (not a lawyer).

I've never used an agent but these guys come highly recommended on the British Expats website I gave you. I have seen them give lots of free advice as well and they always seem pretty helpful. A quick phone call could give you lots of information.

George Lombard
http://austimmigration.com.au/site/?q=node/21

Alan Collett
http://www.gomatilda.com/contact.cfm

comet555
Super Member

Joined: 28 Jun 2007
Posts: 155
Location: Brisbane, QLD, Australia

Posted: Tue Jul 22, 2008 2:37 pm

Where are you headed to in Oz? We are actually going back to Canada for a few weeks and we fly out on July 30th.

If you're connecting through LA it's a terrible airport. Even if you have a few hours between your flight don't waste any time. Also, you have to walk out of the airport and walk to the other terminal and check in and do security again (what a pain). Aso don't be surprised if your luggage is delayed in Oz by about a day or two. Hopefully you're not going through LA.

We always go through there because it's the cheapest flights, but I hate that airport with a passion!

pixie_girl77
Junior Member

Joined: 21 Jul 2008
Posts: 11
Location: Vancouver

Posted: Tue Jul 22, 2008 3:17 pm

Thanks so much for your responses. We are flying direct thankfully - on Air Canada. I have had problems with LAX too! We'll be staying in Sydney. I think I'll contact one of those migration officers to straighten this out.

Tihara
New Member

Coming To Canada

Joined: 23 Jul 2008
Posts: 3
Location: Melbourne

Posted: Wed Jul 23, 2008 5:02 am

Hi! Could you keep me updated with what happens? I was just talking to my boy friend about, him suggesting coming to Australia and working here for 7 months from Canada, but he only wanted to get a one way ticket because we could have the possibilty of him moving here if he likes it. so let me know what happens! I live in Melbourne Smile