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De-facto visa to Australia


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Has anyone tried and succeed on getting a visa for their Thai girlfriends to Australia using a spouse status without getting married. I dont want to really get married and spouse visa requires you to be already married and fiancee visa requires you to get married within a specified time.

There is something called Interdependent visa which I thought was what I was looking for, that is, having lived together for 12 months you qualify as de-facto partners.

When I inquired about this at the BKK embassy, they told me it was for same sex couples. I am very reluctant to accept this as it doesnt say anywhere on the form that is the case, besides it is discrimination.

Has anyone any insight into this?

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First off I am by no means an expert but I have obtained permenent residency here in my own right and have a number of friends who are "de facto-ing" partners in (of a different sex!!)

Basically, Australian law recognises a partner as a "de facto" if you have lived as a couple for over two years. This law also extends as far as requiring you to divide assets on separation even if you never marry (something to think about - coughing up half your accumulated pension rights is probably not what you want.)

To qualify as de facto you need to provide evidence of cohabitation as man and wife for 2 years. For my friends this included bank statements, joint rental agreements and the like. They even ask for copies of letters between you that may have been sent during the qualification period - I even heard of someone submitting a letter from their mother saying how happy she was that her son had shacked up with his girl! They stop short of requiring video evidence of copulation!

Basically, if you are legit it should not be too hard to prove, although residing in Thailand with a girl may raise their eyebrows. If you are less than 100% as regards qualification it can be a nightmare.

Getting de-facto status may be a poisoned chalice if you should ever split up under Aussie law.

Hope this is of use.

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I've known a number of people that have had defacto reltionships and gained permanent residency in Australia. It is not only for Homosexual couples. The Embassy either doesn't understand the regulation,(unlikely) or are bullshitting you in the hope that you go away and don't investigate any further.

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1 person lived with an Australian girl in Aus

Another fella lived with an Australian girl in the UK. Had bank accounts in Joint names, all the sort of things that make it look legit. They can ask a lot of intimate questions so be prepared. In the west not so much a problem but over here I think they would ask a lot of questions.

I even met some Aussies in london that were doing this as a business. They'd Introduce 2 interested parties one paying to get this done the other receiving payment to claim the other half was a defacto. Coach them through the system over a number of months and then off to the Embassy to get a visa in their passport. Payment after the perm residence visa was granted. they'd take their commission and pay off the girl or fella for services rendered.

Some people were doing arranged marriages to gain the same rights.

I marry an Australian, kiwi to get residency over there and the girl gets residency in England.

If you get a fiancee Visa you have to legitimately get married within a set period of time or the visa expires and you must leave.

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Not sure about the spouse fiancee categories. My friends have all applied for skilled migration visas, scoring points for education, profession, length of time working in chosen profession and the like. They are the applicant and anyone applying in this manner can add a de facto relatively freely.

Couldn't comment on being an aussie and importing a partner - I get my passport in January! Would imagine its a similar process although I know marriage doesn't automatically bring residency - an Aussie recently married a South African living in Aus, didn't want to cohabit before marriage so she only began the two year countdown to de facto status when they shacked up.

Those guys running the scam in London. Not too tricky to do except that each party would be legally entitled to 50% of the other's assets once they arrived in Aus and then split up!! Probably not that widely advertised when they were promoting the scam.

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  • 2 weeks later...

An Interdependant visa is for same sex couples, otherwise you have a spouse which is of the opposite sex. The rules are the same for both visae, that is you have to be able to prove living together for at least one year, and don't forget the little known provision of living apart but still being in a relationship, sound crazy, but that is how a lot of people from the Indian area get their spouses into the country when they haven't seen them for the last five years.

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