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Discussion Starter · #1 ·
Hi all, this is a long one.
Last month my partner and I were ready to apply for a partner visa confident that our case was easy and straightforward but now we don't know how to address not one but FEW issues/inconsistencies.

I thought we needed a lease together to prove a de-facto relationship and instead of apply for on shore partner visa in 2016 I applied for a student visa and tick the Never Married/Never de-facto box, in the family status i put my mum, her partner, my brother, my mums partner son from a previous relationship.
In the GTE I provided proof of access to 50k Euro in savings and declare my *boyfriend* had supported me financially over the previous year and he was happy to keep doing that.
My motivation to study in Au was to improve my English and to acquire new skills to use in the Eu job market.

My immigration history in Au:
2012-2013 WHV
2014-2015 2WHV
03/2015-09/2016 On Shore Student Visa
9/2016-04/2018 2 On Shore Student Visa
Planning to apply 309/100
Planning to apply a visitor visa for late September (i will work in Italy until then)

Relationship background:
Both never married/de facto, no kids, single since 4/5 years.
We start dating in Jan 2015 after a mutual friend set up a double date.
Slowly went from "I let you know if I am free", to spend all weekends at his apartment, to find time to see each-other every day, to full on relationship.

Defacto definition and Co-habitation issue:
We always had busy life, he works 80 hours a week+training+competitions, i had school+work in hospitality+3h/day commuting by bus/bike (I am one of those environmentally conscious person with the "go green" sticker ;)).
His 2015-2016 place: Dream2 beachfront resort style 3*3*3, 180 degree ocean view, 3x mid 30 professionals, 40min by bus away from the nearest train station (to add at my 3h daily commuting)
My 2015-2016 places: let's just say.. cheap sharehouses close to the city at just 5min walk from bus and train stn.

I was using my house 1-2 nights a week when I was working till late, or when my partner couldn't drive me at the stn in the morning and we slept there after clubbing/go out in the city. The rest of the time we were sleeping/cooking/doing laundry/having friends over at Dream2. We talked about sign a lease for a place just for us, that could suit each-other needs, but we couldn't afford in 2 anything as good as Dream2 (the 50k savings were for emergency or the house deposit, not for a fancy rent) and we preferred be apart 1 or 2 nights but then enjoy the weekends in the resort. His housemates were cool about having me around, but they suggested to leave me out the lease because i was not the ideal tenant for a 2MIL $ apartment (back in 2015 i was backpacking since 4 years) . Fair enough and it was easier that way.

Here the problems:
In the 2016-2017 tax declaration we named each other as defacto partners for the entire year
My new tax agent in that occasion review my 2015-2016 tax declaration for unclaimed medicare exemption and fund we didn't declare the relationship back then and he suggests to do it because we qualify for tax purpose and would help our 309/100 application (he applied himself for a partner visa years ago and he was a forensic investigator for ATO)
Should I amend my approved and expired 2016 student visa to declare the defacto status?
Should we amend the 2015-2016 tax declaration to add weight to the long term relationship claim? (we want to ask to consider the grant of the 100 straight away - if we are eligible)

We celebrate our anniversary on the 2nd of January but because the quality proofs for the 309/100 starts from late April 2015 we will put 1/06/2015 as start of de facto relationship.
This is going to be an inconsistency with my declaration in the student visa, correct?

2-My mum and her partner are not legally married and their relationship is not recognised in Italy. Should I put him in my 47SP again as I did for the student visa?
Also, in 2016 i put his son as step brother but i forgot her daughter (i saw her maybe twice in 15 years).
Should i amend this mistake too?

3-In this case a migration agent gives advice based on his personal experience with similar situation or there are cases/guidelines they follow?
I can't figure out if we should try to claim the long term relationship or state a date after the student visa application
The point is our proof are good, few of the financial evidence we want to use about the first 1.5y of our relationship are the same i have quoted in the GTE. I didn't hide my relationship, we just didn't know that we could have been a defacto without register the relationship.

Thank you so much for any help and advice
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