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Getting around Cond 8503 for PR based on defacto

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Aaron794 View Drop Down
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Joined: 11/May/2010
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  Quote Aaron794 Quote  Post ReplyReply Direct Link To This Post Topic: Getting around Cond 8503 for PR based on defacto
    Posted: 11/May/2010 at 22:11
Hi,

Im an australian resident but my partner is irish. we have been living together for over 12 months and are ready to apply for permanent residency for him to stay for good. In order to meet the twelve months requirement he needed to obtain a 3 month tourist visa. We then had to apply for ANOTHER 3 month tourist visa but with the second one they imposed a no further stay as they were now aware of our intention to apply for permanent residency. our plan is to now head to new zealand for a holiday before his visa expires and reapply to enter australia on an ETA. his tourist visa does not expire untill june 30th, this has the no "further stay condition". However we plan to apply for an ETA and reenter the country on June 23rd. Im worried the no further stay condition will be reapplied to the new ETA.

I was wondering if you had any advice or were able to give us a heads of the next hurdle the immigration department, which ive come to love and admire so much (rolls eyes), will throw at us.

Thanks!!!

azza


I knew this wasnt going to be easy and thats why we made sure we were 100% ready before getting into this mess. we dont have a great deal of money to spend on legal advice and have done nothing but try and this honeslty. but we are constantly being challenged. I just want to continue being with this person and want to maximise the chance of that happening. any help at all will be massively appreciated

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 11/May/2010 at 22:46
Have you considered marriage or de-facto?
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

Aaron794 View Drop Down
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  Quote Aaron794 Quote  Post ReplyReply Direct Link To This Post Posted: 12/May/2010 at 18:16
yeh we are defacto, but because we are both male marriage is not legally recognised. we have all supporting documentation to prove our defacto relationship is legitemate and we have lived together over 12 months now. its just that he has a no further stay condition on his current visa which prevents him from applying for any other visas including a permanent residency visa whilst in australia

aussiegirl View Drop Down
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  Quote aussiegirl Quote  Post ReplyReply Direct Link To This Post Posted: 13/May/2010 at 14:43
Hi Aaron,

If you guys have your 12 months and all the papers ready to go, why don't you put in an offshore application in NZ instead of getting another tourist visa? You would have to be out of Aust. when it is granted, so he will have to be there to get it.

This is the best way to do it in my opinion, other than getting a student visa or working visa offshore, but those take time to prepare and you already have your de-facto visa ready by the sounds of it.

Aaron794 View Drop Down
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  Quote Aaron794 Quote  Post ReplyReply Direct Link To This Post Posted: 16/May/2010 at 15:26
Aussie girl,

Thanks for your advise. we are actually considering all possibilities. It's been so draining and expensiv.e my partner hasnt been able to work now for 6 months and its taken its financial tole so a short move to NZ probably wont be practical. but your advice is still good. if we get to the point where he has to go, he will probably just go back to ireland, i will finalise my debts and go over. He will submit an application from ireland, which is similar to what you are suggesting and then we will both come back together.

The things you have to do to prove yourselves to an immigration department hey lol

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