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Hi Chloe

The problem is and this was recently mentioned by a migration agent on this forum that for a de facto visa you need to have lived together.

In the eyes of DIBP staying together a few nights a week is considered dating and not de facto.

You will need to live together prior to submitting the application. You either need to live together for 12 months or register the relationship which waives the 12 months living together. If you register the relationship you still need to live together and migration agents recommend at least 6 months in order to gather evidence.

The BVA doesn't kick in until the WHV expires therefore you are bound by the conditions on the WHV. However, I believe you can apply to DIBP to get the conditions removed once you have applied for the 820.
 

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Hi starlight - thanks for your reply. Looks like i have been a little bit naiive :(

i really thought when reading up about this visa that it wasnt compulsory! and i can understand why it is seen as dating. When we decided we wanted to have a future together my partner had just moved into a share apartment in the city which has a 12 month lease - i'm not sure how he would feel about cutting this short (or if he is even able to break the contract) as it is a good location for his job and took a long time to find the right place!

Unfortunately it is not possible for me to move in with him.

it has put a bit of a spanner in the works..i have read about the relationship registering and as we live in VIC we are able to do so..then when his lease is up we would have about 6 months of living together before my WHV expires.

Sorry to be repeating myself, so we would have to live together for the 6 months before even applying? maybe the offshore app (309) would be the only way to go!

Chloe
 

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Hi starlight - thanks for your reply. Looks like i have been a little bit naiive :(

i really thought when reading up about this visa that it wasnt compulsory! and i can understand why it is seen as dating. When we decided we wanted to have a future together my partner had just moved into a share apartment in the city which has a 12 month lease - i'm not sure how he would feel about cutting this short (or if he is even able to break the contract) as it is a good location for his job and took a long time to find the right place!

Unfortunately it is not possible for me to move in with him.

it has put a bit of a spanner in the works..i have read about the relationship registering and as we live in VIC we are able to do so..then when his lease is up we would have about 6 months of living together before my WHV expires.

Sorry to be repeating myself, so we would have to live together for the 6 months before even applying? maybe the offshore app (309) would be the only way to go!

Chloe
The requirement is the same for onshore and offshore application. So, you still have to live together for some time before applying.
 

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The requirement is the same for onshore and offshore application. So, you still have to live together for some time before applying.
Thanks for clarifying - but what i meant is..registering relationship, living together for 6 months (which will bring me to the end of my WHV) then applying back from the UK and waiting it out.
 

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820 and 309 have the same requirements but if you are open for marriage you can apply for PMV subclass 300. You have to apply offshore for it. So you can leave apply offshore and then come back for your second WHV. They will let you know when it is ready to be granted so you can go offshore.

With the PMV you will have to marry within 9 months of the visa grant. Then after marriage you apply for a 820 at a reduced rate and it takes only weeks or months to get.
 

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Hi starlight - thanks for your reply. Looks like i have been a little bit naiive :(
Don't worry, I was too before I found this forum and at the start of this whole journey :)

i really thought when reading up about this visa that it wasnt compulsory!
I wasn't aware of it either...it's poorly worded in my opinion.
My partner and I first lived together for 6 months, then 4 months apart and then 3 months again before we applied...so we had 9 months (plus we registered our relationship).

it has put a bit of a spanner in the works..i have read about the relationship registering and as we live in VIC we are able to do so..then when his lease is up we would have about 6 months of living together before my WHV expires.
That's a good start. But be aware that the rules are strict in VIC, you both have to prove that you've lived/were residents of VIC for 12 months. If you can prove that, it should be all good :)

Sorry to be repeating myself, so we would have to live together for the 6 months before even applying? maybe the offshore app (309) would be the only way to go!
@Helene, GBP: I thought the requirements are much more "relaxed" for PMV as they are tailored for people in Chloe's situation?
 

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Don't worry, I was too before I found this forum and at the start of this whole journey :)

I wasn't aware of it either...it's poorly worded in my opinion.
My partner and I first lived together for 6 months, then 4 months apart and then 3 months again before we applied...so we had 9 months (plus we registered our relationship).

That's a good start. But be aware that the rules are strict in VIC, you both have to prove that you've lived/were residents of VIC for 12 months. If you can prove that, it should be all good :)

@Helene, GBP: I thought the requirements are much more "relaxed" for PMV as they are tailored for people in Chloe's situation?
at the moment i have been a resident for 7 1/2 months as i spent 3 in NSW working for my second working holiday visa..but am back now living in Melbourne so i will be approaching the 12 month mark! i really hope registering the relationship will help us. We will discuss moving in together but it just hasnt been possible to do that yet due to the circumstances and his work commitments - but then if we both want it as bad as we say then we will find a way! where theres a will theres a way :)

its really frustrating and it does put a downer on you, the thought of not being able to be with him doesnt bear thinking about IMO!

obviously every visa is processed on a case by case basis, and im fully aware living together is going to be highly in our favour but i also have some conflicting opinions (just opinions) telling me that the most important thing would be evidence to prove the relationship is genuine.

Thanks for the help guys, the support too..feeling a bit down now! :(
 

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obviously every visa is processed on a case by case basis, and im fully aware living together is going to be highly in our favour but i also have some conflicting opinions (just opinions) telling me that the most important thing would be evidence to prove the relationship is genuine.
if you are applying on de facto ground, what better prove the relationship is genuine if not living together?
 

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at the moment i have been a resident for 7 1/2 months as i spent 3 in NSW working for my second working holiday visa..but am back now living in Melbourne so i will be approaching the 12 month mark! i really hope registering the relationship will help us.
That's great :) And it'll definitely help!
We will discuss moving in together but it just hasnt been possible to do that yet due to the circumstances and his work commitments - but then if we both want it as bad as we say then we will find a way! where theres a will theres a way :)
That's the right attitude!

obviously every visa is processed on a case by case basis, and im fully aware living together is going to be highly in our favour but i also have some conflicting opinions (just opinions) telling me that the most important thing would be evidence to prove the relationship is genuine.

Thanks for the help guys, the support too..feeling a bit down now! :(
A lot of people feel/felt this way, including me, but it is a crucial requirement. You not only have to prove your relationship is genuine but to prove that your DE FACTO relationship is genuine. And this also means living together.
It took me a while to comprehend that too as the concept as "de facto" was rather new to me...it isn't really a thing in my home country I think.

So you really will have to work towards finding a way to live together I think.
 

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if you are applying on de facto ground, what better prove the relationship is genuine if not living together?
i don't believe it's possible for every couple who are in love and wanting to be together, to live together for 12 months. In my case its mainly because of visa restrictions and work situations. For instance i moved to NSW to work on a farm for 3 months. Also, my partners roommate will not allow me to move in to the apartment because of her own reasons, so that is why we split our time.

It seems sad that even though we spend more time together living in the same place than we spend apart we are still only deemed as dating.

If I hadn't undertaken my regional work my visa would expire in March and then we would have absolutely no hope as i'd be shipped back off to the UK. So as i said before its a shame that that's not taken into consideration.
 

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That's great :) And it'll definitely help!

That's the right attitude!

A lot of people feel/felt this way, including me, but it is a crucial requirement. You not only have to prove your relationship is genuine but to prove that your DE FACTO relationship is genuine. And this also means living together.
It took me a while to comprehend that too as the concept as "de facto" was rather new to me...it isn't really a thing in my home country I think.

So you really will have to work towards finding a way to live together I think.
it's all new to me too, i didn't even know what de facto meant until recently! I feel that on the financial side of things we are good, we have shared expenses and shared insurances and phone contracts under his name. a joint bank account will be next....it seems the living situation is the only thing in our way (and a very big thing..cant believe i overlooked it so much :eek:)

Yep i think a living together discussion has to happen very soon, luckily time is still on our side! - thanks starlight x
 

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Chloe, "de facto" doesn't mean "seriously dating," it means living together as though you are married. A recent federal court ruling has stated that you are not considered "de facto" until you have actually moved in together. There's no way around it. There's no convincing immigration otherwise. I know it sounds heartless, but that's the way it is. We've seen people on this forum rejected for even falling one day short of 12 months living together. It's a *mandatory* requirement. If you start living together, then have to be separated for a short time and continue to share finances, stay in constant contact, etc. during that time, they'll count the time you're separated - but that clock doesn't start until you move in together.

I do hope you can register - that will solve your problem, as mentioned above, since it waives the 12 month requirement.

Like I said, I know it sounds heartless - but this is the way partner visas for Australia work. You are only entitled to one if you are married, living together/sharing expenses like a married couple, or are willing to get married within nine months of visa grant. That's it. With VERY few exceptions (like people who have a child together, or extreme cases like gay couples who could be killed if they lived together in countries where it is unsafe to be gay), they consider it not their problem if you can't find a way to meet requirements. If you aren't serious enough yet to marry or do whatever it takes to move in together, you aren't serious enough yet to qualify for a partner visa.

If you can't live together in Australia for enough time, they consider it your job if you're serious about the relationship to get a visa to live elsewhere together to build up that time living together.

A lot of the couples on this board have had to move heaven and earth to be together. That's the level of dedication it takes. It sounds like you have that, so I'm wishing you all the luck in the world! :)
 

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i don't believe it's possible for every couple who are in love and wanting to be together, to live together for 12 months. In my case its mainly because of visa restrictions and work situations. For instance i moved to NSW to work on a farm for 3 months. Also, my partners roommate will not allow me to move in to the apartment because of her own reasons, so that is why we split our time.
It's obviously not possible for a lot of people but therefore you could look into the prospective marriage visa, that's designed for these people/situations :)

If I hadn't undertaken my regional work my visa would expire in March and then we would have absolutely no hope as i'd be shipped back off to the UK. So as i said before its a shame that that's not taken into consideration.
I know it's frustrating but look at it that way that you were actually able to obtain two (!) working holiday visas and spend time with your partner.

My country doesn't even offer WHV's for Australia, so this was already no option so we had to find a way around it. We were incredibly lucky that my partner was able to leave his work for 6 months to come live with me (and return to this work later on).

Yep i think a living together discussion has to happen very soon, luckily time is still on our side! - thanks starlight x
I'm sure you will find a way, it would be a shame if it wouldn't work out just because of this, since you are apparently living really close to each other (since you said you'd spend several days a week together).
 

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Chloe, "de facto" doesn't mean "seriously dating," it means living together as though you are married. A recent federal court ruling has stated that you are not considered "de facto" until you have actually moved in together. There's no way around it. There's no convincing immigration otherwise. I know it sounds heartless, but that's the way it is. We've seen people on this forum rejected for even falling one day short of 12 months living together. It's a *mandatory* requirement. If you start living together, then have to be separated for a short time and continue to share finances, stay in constant contact, etc. during that time, they'll count the time you're separated - but that clock doesn't start until you move in together.

I do hope you can register - that will solve your problem, as mentioned above, since it waives the 12 month requirement.

Like I said, I know it sounds heartless - but this is the way partner visas for Australia work. You are only entitled to one if you are married, living together/sharing expenses like a married couple, or are willing to get married within nine months of visa grant. That's it. With VERY few exceptions (like people who have a child together, or extreme cases like gay couples who could be killed if they lived together in countries where it is unsafe to be gay), they consider it not their problem if you can't find a way to meet requirements. If you aren't serious enough yet to marry or do whatever it takes to move in together, you aren't serious enough yet to qualify for a partner visa.

If you can't live together in Australia for enough time, they consider it your job if you're serious about the relationship to get a visa to live elsewhere together to build up that time living together.

A lot of the couples on this board have had to move heaven and earth to be together. That's the level of dedication it takes. It sounds like you have that, so I'm wishing you all the luck in the world! :)
I really like this post - thanks. Its good to have a bit of a reality check as my head is still in the clouds a bit, blinded by love i think!

And i totally agree, if we arent ready to do whatever it takes to find a way around this then we arent ready for the visa, and i know a lot of people have it harder than i do, like starlight said, i'm lucky to have two years with him when some are unable to even get WHV.

In my mind i don't think my partner would quit his job and move to the UK where it would be easier for us, so i suppose that tells me something about where we are with our relationship!..but waiting for those feelings isnt an option as i have a time limit with the WHV.
 

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Maybe there should be another visa subclass called "prospective de facto visa".
how helpful....

i realise i perhaps dont impress everyone because the relationship is short and the dreams are big but mocking someones situation when all they came here for was help and advice is just rude.
 

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Chloe, I really do suggest the PMV subclass 300 if marriage is what you want. You can just go to NZ for a few days to apply and then come back here on your WHV. They will tell you when the visa will be approved to go offshore again for it to be approved.

All you need is to have met in person, relationship is genuine & will marry within 9 months of visa grant and must make entry into Australia first.

Maybe something like this will suit you?
 
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