# DeFacto Temporary Visa & Travelling



## iko. (Mar 8, 2010)

Hello everybody!

I read a couple of hundreds of post and they answered most of my questions. However, I have still one question regarding the De Facto Temporary Visa.

Once you´re granted with this 2 year temporary Visa, are you...
*...allowed to travel? For how long?
...can you work interstate and be separated from your partner during certain times (weeks/months)?*

I´m very curious to know if my job involves lots of international travel if I would be able to feel free for going anywhere or I would be _convicted_ to remain in Australia.

Thanks for the answers!


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## Wanderer (Jun 16, 2007)

iko. said:


> Hello everybody!
> 
> I read a couple of hundreds of post and they answered most of my questions. However, I have still one question regarding the De Facto Temporary Visa.
> 
> ...


Defacto visas, be they temporary or permanent usually give a defacto equal rights to the primary applicant, and for instance if your partner was on a student visa and has just 20 hrs./wk. work allowed, that is all you would be allowed also.
If however your partner is on a 457 visa then you can find whatever work you can find and as much of it as you like.

Likewise you'll be free to travel to and from Australia for the validity of the visa as all temporary visas other than some visitor visas allow.


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## iko. (Mar 8, 2010)

Thanks *Wanderer* for your answer.

My partner is Australian so I think I won´t have any work restriction as you said.

My question was pointing more in the case I have a temporary job for one month (for example) in another part of Australia or if I´m travelling to see my family overseas for 3 months.

I would like to know if Immigration are very concerned of the separated time between us during the 2 year temporary visa.

Thanks.


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## aussiegirl (Dec 15, 2009)

Hi Iko,

Generally, travelling on the temporary visa is fine and isn't viewd suspiciously by DIAC. Obviously with foreign spouses in Australia, they want to visit family back home, and others want to go on holiday. They would only get suspicious if the couple made no effort to keep in touch while appart, or if you didn't notify your spous of your travel plans. Of course, genuine couples who love eachother would tell eachother what they had planned and would call, e-mail, msn etc like crazy because they miss eacother.

So, in short, you are free to travel, just make sure you keep records of any contact you have with your spouse during that time, and other records/ bank statements that could show any joint payments or expenses.

Hope this puts you at ease


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## Wanderer (Jun 16, 2007)

iko. said:


> Thanks *Wanderer* for your answer.
> 
> My partner is Australian so I think I won´t have any work restriction as you said.
> 
> ...


Just in addition to what AussieG has said, I take it now how you mean the two year period from when you've been granted a defacto temporary partner visa up until getting permanenet residency.

You can see how easy it is to answer a question in a different way if not full info is provided.

But yes, no problems with what you mention for they are the kind of trips any couple can do and if your partner visa was applied for from outside of Australia, you can either be in or out when granting for PR falls due whereas if it was one applied for/granted in Australia you need to be in Australia, but that really of no concern if you're making temporary trips abroad.

And I'd just suggest that you just do whatever you do as a couple and not really even a need to record too much at all though if you keep a diary or blog, you'll have references to trips and stuff anyway but the essential thing to be checked in two years time will be that you are in fact living together as a couple and can show supporting evidence of that.


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## iko. (Mar 8, 2010)

wow, thanks for all the useful info and prompt answer *aussiegirl* & *Wanderer*!

Another couple with this temporary De Facto visa explained me I would only be able to leave Australia 2 months every year and I need to ask for permission to my Case Officer to leave the country. Not sure how real is that.

I will apply in Australia and if I get the visa I´d probably need to go overseas for 2 or even almost 3 months. It´s to visit family but big part of this time would be for work. My partner would be most of this time in Australia at work. So we will have a few weeks appart. I am worried for all the time far from each other in case Immigration see it as a fake couple.


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## Wanderer (Jun 16, 2007)

iko. said:


> wow, thanks for all the useful info and prompt answer *aussiegirl* & *Wanderer*!
> 
> Another couple with this temporary De Facto visa explained me I would only be able to leave Australia 2 months every year and I need to ask for permission to my Case Officer to leave the country. Not sure how real is that.
> 
> I will apply in Australia and if I get the visa I´d probably need to go overseas for 2 or even almost 3 months. It´s to visit family but big part of this time would be for work. My partner would be most of this time in Australia at work. So we will have a few weeks appart. I am worried for all the time far from each other in case Immigration see it as a fake couple.


I've never heard of any restriction re movements when you're on a defacto visa Iko and if you actually have a read of the Immi defacto visa *eligibility section* _which you need to do anyway seeing as you're yet to apply_ you'll see references under *Relationship* re qualifying that whereas to be in a relationship/living together, it also acknowledges that there can be temporary separations.
Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100)
And click on the 12 months relationship link and you'll find further reference under CAQ re work situations.

So if all that is an acceptable way of life in qualifying for a partner visa, I'd see no reason nor logic for Immi to think it could not also be so when a couple are together anytime and there are people whose lives are exactly having a base and one or even both doing significant travelling, our own politicians a prime example but professionals doing it for longer periods.

When you say you'll apply in Australia, have you considered what visa you'll be using to get here, for if it'll be a tourist visa, they can have what is called a No Further Stay condition placed on them which basically stops you from applying for another visa.
If you're eligible for an ETA, that may be possible but Immi are not receptive to people arriving on a visitor visa for purposes other than visiting.

In applying for a temporary visa, you're also applying for a permanent visa at the same time, assessment for that to occur after two years on TR.
It can also take a number of months and in fact quite a few for a partner visa to be processed onshore, and you would be restricted from working during that period, so that may be something you need to take into account.


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## iko. (Mar 8, 2010)

I´m currently in Australia with an Student Visa. I have wondered the idea of going overseas and applying from there if it would be faster and/or cheaper.

I read several times the info of Immigration´s website. I didn´t find the information there neither reading post in this forum, that´s why I decided to start this thread.

Thanks for the help.


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## Wanderer (Jun 16, 2007)

iko. said:


> I´m currently in Australia with an Student Visa. I have wondered the idea of going overseas and applying from there if it would be faster and/or cheaper.
> 
> I read several times the info of Immigration´s website. I didn´t find the information there neither reading post in this forum, that´s why I decided to start this thread.
> 
> Thanks for the help.


OK,
If you're already in Australia, you can apply onshore and whilst some partner visas can be processed reasonably quickly overseas, anything from a walk in for lodgement/interview and same day grant to a few months , they can also take many months depending on application, what country you're from and where you lodge application.

Likewise, time taken in Australia can also vary and the main thing for any application is that you have good supportive evidence of the relationship and a well presented, complete and accurate application.

A partner visa done overseas is about $800 cheaper than doing it in Australia.


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## iko. (Mar 8, 2010)

Hi again,

I checked again the *travel time allowance for the De Facto Visa* and I finished with this:

-When in a De Facto Temporary Visa: Only allowed to leave Australia for periods of *not more than 2 months in total per year*.

-After 20 months from you were granted the temporary visa you receive a letter with a few questions to check that the relationship continues. Not pictures or bills necessary this time. And just return it by post. Once you´re granted with a Permanent Visa you have a period of 5 years and allowed to multiple exit/entry but not more than 3 months each trip. In this case there is no limitation for how many times you travel overseas, only in the duration of these.

I think this info would be helpful for other people who may find this post after a search.


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## Wanderer (Jun 16, 2007)

iko. said:


> Hi again,
> 
> I checked again the *travel time allowance for the De Facto Visa* and I finished with this:
> 
> ...


Do you have a link for what you found iko?

For as far as the PR visa goes, there is absolutely no restriction on travelling from to Australia other than that you of course need to be back in Australia before the five years is up.

If you have not proceeeded to take out citizenship, then you do need to apply for what is called a Right to Return Visa and to be eligible for one of those you need to have spent two years of the previous five in Australia or otherwise have solid links.

I'm not too sure about there being a restriction when on the TR either but reserve judgement until you have a link to what you claim.


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## iko. (Mar 8, 2010)

I don´t have any link. This information is the result of talking with some people who are in the De Facto visas and also calling 131 881. This phone has multiple options and sometimes the waiting time is more than 15 minutes. I´m sure many of you are experts calling that number 

I would also like to see this info in a link or written in a paper to feel more veracity. Unfortunately I didn´t find it.


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## Wanderer (Jun 16, 2007)

iko. said:


> I don´t have any link. This information is the result of talking with some people who are in the De Facto visas and also calling 131 881. This phone has multiple options and sometimes the waiting time is more than 15 minutes. I´m sure many of you are experts calling that number
> 
> I would also like to see this info in a link or written in a paper to feel more veracity. Unfortunately I didn´t find it.


The best link you can get for any visa is the Immi site itself and in this case:
Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801)

You will note that there is no mention of travel restrictions under the sections of What does the Visa let you do, How it works, or Obligations.

Some people may want to argue that the absence of any information means you're stuck in Australia but it also can and should be read the other way.
If there was a general restiction on travel to be applied, they would likely be mentioned under obligations.

Australia is not a dictatorship and complete freedom of movement of its people is allowed consistent with having a passport unless a court judgement has been made for Australian citizens. And for where a visa is required by non citizens, if a visa has restrictions they will be clearly stated in visa conditions.

An onshore temporary partner visa does have one requirement and that is to be in Australia when it is granted and then also when the visa holder would be eligible for permanent residency granting, an offshore partner visa holder can be either in Australia or abroad when eligible for PR.
But other than that, visas have a validity period when travel is possible.

When seeking verbal advice from Immi, it is important to make sure you are very clear on what you request for if a conversation develops, even Immi people can become unclear and even confused on what is being requested and there could be some that are not greatly experienced and that can also lead to mixed information.

Indeed, if you ring a number of different times and speak to different people, you can get different interpretations depending on what is asked and how it is asked.


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