FREE IMMIGRATION ADVICE SINCE 1996
AM I ELIGIBLE FOR A DE FACTO VISA?
I am a Canadian citizen looking to immigrate to Australia. The first visa I attained to gain access to the country was a Student Working Visa which allowed me to stay in the country for 1.5 years. I then left for a month and returned with a 1 year Holiday Working Visa. During this time in and out of Australia, I have been in a relationship with an Australian citizen in which we lived together in 4 separate lease agreements. We have documents that show proof of put ongoing relationship and at the moment she is currently holding a 2-year Working Permit for Canada.
My question is am I eligible to apply for a Permanent Residency Visa with the qualifications I’ve listed above?
Both my partner and I have degrees in Bachelor of Business that we attained in Australia.
Australia De-facto Visas
My initial thought is that you would eligible for a de-facto spouse visa. These are for people who have been living together in a genuine, subsisting relationship for over 12 months. The Australian immigration authorities will scrutinise the documentary evidence you provide to prove the longevity of your relationship as this visa class is often subject to fraudulent applications from those who would not qualify to apply for a visa under an alternative route. Here is a link to the documents checklist page on the official Australian immigration site for a spouse visa.
There is also often a long wait for these visas, which is reducing and further efforts are being made to speed up the processing time. I would start with this and if you take your time preparing your case, secure statements from friends and family and have joint bank accounts and leases then I am sure you will be fine. If you find you have further questions, I would be happy to help.
Switch From A Student Visa To A Marriage Visa
I have an Australian student visa which allows me to stay for 4 years more. I am currently enrolled in an Elicos English language course at Melbourne University with a view to doing a degree course next.
Meanwhile, I am engaged to an Australian.
I shall marry him in the immediate future in anyway change or effect the status of my student visa and restrict visa for Australia, to finish my study plans?
Switching To A Marriage Visa
Once you are married you can apply for a marriage visa, once you have secured your visa you may continue to study, work and live in Australia. Actually, there really is no downside to changing your visa. While you are in Australia and your spouse visa is being processed you may remain on your student visa.
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