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Discussion Starter · #1 ·
Hi all :)

Posted about this a few weeks ago but still don't have a clear answer. My partner and I have lived together in Australia and in Europe for around 24 months total so far, and have had joint leases, bank accounts, and registered our relationship in Victoria over a year ago. However for the next year and a bit we have some work/study commitments in different countries. We will be visiting each other on the holidays. After that we'll live back together again.

Is it okay for us to apply for the 309 visa while we are in a period of temporary separation? I did my own research and found this case and it seemed to be okay even if a couple hasn't ever lived together prior to the application, the case is SZOXP v Minister for Immigration and Border Protection, (2015) FCAFC 69 (11 June 2015). If that is okay then maybe it is ok to live apart during the application if the relationship can still be proven to be genuine and ongoing.

But I just wanted to check it would be okay. And if it is what should we emphasize in our application? Some evidence of the fact that the work/study is temporary?

Thank you for any help!

Magda
 

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You will need to provide evidence that your relationship is continuing while you are apart. Screen shots of text messages, phone records, FaceBook posts screenshots, transcriptions of Messenger or Skype logs.

You don't need to included every message. I included a selection of chats one each week for the seven months we were apart. Make sure that your chats/messages include lots of references to your future together, including plans for the future.
 

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Discussion Starter · #4 ·
Dear Mania and FreddoBee,

Thank you both so much for your helpful replies. I'll be sure to do that. Thanks again and all the best, you've eased my concerns :)

Magda
 

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Hi everyone,

I'm in a similar situation. We met in May 2018 and have been living seperately since then till august 2018 when we got engaged and our wedding is planned for Feb 2019. Will this cause any issues for me. I will be applying for 309 visa. We have been in constant contact since we initially met and I have evidences for that.

Any advice would be great.
 

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Hi everyone,

I'm in a similar situation. We met in May 2018 and have been living seperately since then till august 2018 when we got engaged and our wedding is planned for Feb 2019. Will this cause any issues for me. I will be applying for 309 visa. We have been in constant contact since we initially met and I have evidences for that.

Any advice would be great.
When will you be applying for the 309?

Do you have the other types of evidence required other than "contact"?
 

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Hi everyone,

I'm in a similar situation. We met in May 2018 and have been living seperately since then till august 2018 when we got engaged and our wedding is planned for Feb 2019. Will this cause any issues for me. I will be applying for 309 visa. We have been in constant contact since we initially met and I have evidences for that.

Any advice would be great.
As ampk says i would be very sure of my evidence prior to applying, your length of relationship is very short, i would certainly consider having a migration agent have a look over your documents prior to lodgment - otherwise it's a potentially fatal 7k mistake.
 

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As ampk says i would be very sure of my evidence prior to applying, your length of relationship is very short, i would certainly consider having a migration agent have a look over your documents prior to lodgment - otherwise it's a potentially fatal 7k mistake.
I call them non tax deductible donations.
 

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When will you be applying for the 309?

Do you have the other types of evidence required other than "contact"?
Hi ampk,

We initially met face to face in May 2018 got engaged 2018 and planning to get married in Feb 2019 and will apply for 309 in Feb 2019.

Other types of evidence other than contact are social evidence ours is a sort of arranged marriage where we have not lived together but have been in constant contact and have disucess everything releated to our fututre and have agreed. I can proivde initial face to face meeting photos and enegagmente photos and everything releated to wedding.

I also have evidence of how I shared my finicial status to my partner but we have not got any joint accounts.

Please adivse.
 

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As ampk says i would be very sure of my evidence prior to applying, your length of relationship is very short, i would certainly consider having a migration agent have a look over your documents prior to lodgment - otherwise it's a potentially fatal 7k mistake.
Hi Mania,

I initially met my partner face to face in may 2018 got engaged in august 2018 and am planning to get married in 2019 Feb and then apply for 309 visa. Are there any requirements for 309 that you have to have a long term relationship?

In terms of evidence I have photos of us initially meeting and have engagement photos and have been in contant contact all the time that we have been seperated. At the time of application I will have more evidence such as marriage invities more photos, I also have evidence that I have shared my finicial situation with my partner but we dont have any joint finincaes together.

Please advise further.
 

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Hi Mania,

I initially met my partner face to face in may 2018 got engaged in august 2018 and am planning to get married in 2019 Feb and then apply for 309 visa. Are there any requirements for 309 that you have to have a long term relationship?

In terms of evidence I have photos of us initially meeting and have engagement photos and have been in contant contact all the time that we have been seperated. At the time of application I will have more evidence such as marriage invities more photos, I also have evidence that I have shared my finicial situation with my partner but we dont have any joint finincaes together.

Please advise further.
I have no further advice, as i said initially, get a migration agent to look over your application prior to applying otherwise it may be a very costly mistake.
 

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Discussion Starter · #14 ·
May i also suggest you dont use the word separation too liberally in your application, or if you do ensure its well contextualized - you dont want them getting the wrong end of the stick.
Hi Mania,

Thanks again for your advice. We tried to be very mindful about our language for this exact reason. What kind of wording do you suggest? In our relationship statement in particular every time we mention it we say something like "when we were during a period of temporary separation" or "during this time period where we had to be apart due to study/work commitments".

All the best,

Magda
 
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