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| Offshore De Facto; Subclass 309 | |
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| Topic Started: Aug 27 2010, 11:41:41 AM (332 Views) | |
| cherryRipe33 | Aug 27 2010, 11:41:41 AM Post #1 |
Chinwagger
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Since it is taking so long for the laxidasical court workers in Tampa to get a move on w/my uncontested divorce, I have requested my application be changed from a PMV (Subclass 300) to a De Facto (Subclass 309). We have all the paperwork except for this stupid divorce decree. I'm hoping that we can just switch it over to a De Facto so we don't have to wait and I can just head back over to Oz already. My CO (E.R) has been very accomodating and is looking into it for us. I'm crossing my fingers that all will be good  It's basically the same Form and supporting docs, minus the fact that you are free and clear to marry. Questions: #1) Has anyone else gone through anything similar? #2) How did you guys prove residency? My fiance and I have been together for 3+ years and have been doing the back n forth thing. For example: He would max out his visa (6 months) and live Stateside w/me, then we would fly to Oz and max out my visa (3 months) and live w/him, then repeat the process over and over for the last three years! ... I know, crazy right!? So, we decided I will be the one to move permanently to Oz to start our family. Everytime I applied for a Aussie Tourist Visa, he was my reason for going and his family's home was my place of residence. Can Immigration see this in their system & can that be applied to prove residency for us? My house stateside and all the utilities were in my name, so nothing really shows his name on it. I've sinced moved and shipped all my belongings to SYD and am waiting in Vegas w/family until my visa will be approved. Maybe we can get Bank of America to print out an address log showing his mail was being delivered to my residence. What else do you think we should print out? C/C bills showing transactions of groceries, gas; etc? It has been since 2007, so maybe that will be a bit difficult to order statements? I'm just being anal and want to have this prepared just in case. Thanks for the input
Edited by cherryRipe33, Aug 27 2010, 11:46:51 AM.
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 Back in Oz! | |
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| TerritorianTori | Aug 27 2010, 12:26:10 PM Post #2 |
Dance to disco
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 Quite a few people on here have gone through the Defacto Spouse Visa process... I'm sure one of them will chime in soon! Here's a recent thread from someone applying offshore: http://yanksdownunder.net/topic/8647309/1/#new I know that the cohabitation requirement is very strict. You've got to be able to show solid proof that you were living together for at least the last 12 months. Bank statements, receipts, any mail at all addressed to each of you at the same address would work. It sounds like you've got proof from as far back as 2007, so that'll make things much easier! Don't worry about being anal. When it comes to immigration applications, "The more the better!" is a good rule of thumb. 
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 South Texas to the Northern Territory - since 2004 I'm a huge fan of... Angry Video Game Nerd | The Big Bang Theory | Doctor Who | Pet Shop Boys | Yanks Down Under ~ Americans living in Australia Avatar by Sketch Shop Boys | |
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| cherryRipe33 | Aug 27 2010, 12:57:37 PM Post #3 |
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Chinwagger
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Cool, thanks Tors.  Good bit of reassurance there. I'm going to start ordering up online statements for c/c's & banks. I better get the highlighter out I'm also going to print out some family emails addressing the fact that he was living with me at the time. Wish me luck! Edited by cherryRipe33, Aug 27 2010, 12:58:46 PM.
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Back in Oz! | |
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| cherryRipe33 | Oct 24 2010, 04:17:53 PM Post #4 |
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Chinwagger
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Hi all, I've been incognito the last month or so  Jumped on here to give you guys an update / timeline.27 May 2010 - I originally applied for PMV (300) 9 Sept 2010 - Had some paperwork hiccups with divorce court, so withdrew PMV app and re-filed for De Facto (309) *** Had to pay same fee, so basically paid twice ... blah 2 weeks pass by - got a nod from immi saying new app is all good. ***My CO E.R. basically transferred all the paperwork/supporting docs to my new (309) app. 20 Sept 2010 - Phone interview set up ***Advised it would be another 2 wks before decision would be made. 28 Sept 2010 - Received email saying application will be finalized no later than 8 Oct 2010. Notification letter to be included. 8 Oct 2010 - Notification & Grant Letter arrive via email for SUBCLASS 100 !!! *** E.R. fast tracked me and granted me a Permanent Spouse Visa instead of De Facto, so I don't have to do 2nd Stage processing. My boyfriend and I have been together since 2007 and I submitted everything from then, so she took all of our proof into consideration and combined the time for total of 3+ years. Therefore, I don't need to go through a 2 year temporary waiting period. I was hoping E.R. would do that, but I didnt bother her with the idea of it. I just wanted to get a De Facto visa. I was happy to do the 2nd stage stuff. She was totally cool about it. After all the prolonged waiting, I'm glad we switched over even though we had to pay another application fee. Totally worth all the stress and waiting. 12 Oct 2010 - Flew back to Sydney! ***Got through Customs/Immi without any problems. Easy - just handed over my passport, checked their computer, stamped PP, and waved me on through. PAINLESS! I AM NOW A FULL FLEDGED AUSSIE PERMANENT RESIDENT!!!!! Super psyched!!!!!  Hang in there friends xx Edited by cherryRipe33, Oct 24 2010, 04:23:02 PM.
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Back in Oz! | |
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| melharris24 | Oct 26 2010, 11:07:00 AM Post #5 |
Chinwagger
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Congrats!  
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| TerritorianTori | Oct 26 2010, 12:15:03 PM Post #6 |
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Dance to disco
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Congrats! They must've changed the rules... it used to be that you needed to be together FIVE years (without children involved) to go straight to PR. Anyway, welcome to Oz and good luck settling in! |
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South Texas to the Northern Territory - since 2004 I'm a huge fan of... Angry Video Game Nerd | The Big Bang Theory | Doctor Who | Pet Shop Boys | Yanks Down Under ~ Americans living in Australia Avatar by Sketch Shop Boys | |
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| shylady | Oct 26 2010, 12:35:47 PM Post #7 |
oldYank
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 (and I hope it's not another "mistake" like meg1388's CO made!)CONGRATS, cherryRipe!!!  
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"I could’ve turned a different corner, I could’ve gone another place... " ku,'09 | |
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| Kiandi | Oct 26 2010, 12:52:48 PM Post #8 |
True Blue Mate
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 Goodonya!!!! That is sooo awesome!!! Congrats on becoming an Australian PR!!!
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 The Visa Gods Answered Our Prayers | |
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| cherryRipe33 | Oct 26 2010, 07:27:45 PM Post #9 |
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Chinwagger
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I know, super cool! I nearly shat my pants when I read my grant letter  I want to pinch myself! Subclass 100 is Permanent Residency, right?? Hehehehe Five years!?!?!? Holy dooley ... shhhhhh, don't say anything to E.R. I couldn't have hoped for a nicer CO. She was way cool and patient with all my dramas. Thumbs up |
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Back in Oz! | |
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| cherryRipe33 | Oct 26 2010, 07:35:08 PM Post #10 |
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Chinwagger
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PS: Just want to double check, having a Subclass 100 means that I can exit/enter AUS for short periods of time, right? Like say I wanted to head back Stateside to see family for a week/two? I can't remember what I read - I think PR have 6 months before have to apply for re-entry (or something like that). |
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Back in Oz! | |
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| TerritorianTori | Oct 26 2010, 11:41:02 PM Post #11 |
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Dance to disco
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As long as the re-entry portion of your visa is still valid (and I believe it's 5 years from the date your PR visa was granted), then yes, you definitely can travel back and forth. The letter you received with your visa grant should have all of the specific dates. You can also get your visa evidenced in your passport (and that might be a good idea if you need quick proof when trying to get a job, get credit, etc), and that will list the date that your re-entry portion expires.
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South Texas to the Northern Territory - since 2004 I'm a huge fan of... Angry Video Game Nerd | The Big Bang Theory | Doctor Who | Pet Shop Boys | Yanks Down Under ~ Americans living in Australia Avatar by Sketch Shop Boys | |
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