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Discussion Starter · #1 ·
Hello everyone,

I am currently on FA600 which is expiring 30th August 2018. My partner and i have been in defecto relationship since September 2017. I was thinking of applying for FA600 extension onshore but don't want the risk of 8503.
My partner is confident to do the submission mid August 2018. This will mean that we are short of one month before we meet the 12 months requirement. I know the Immi website mentioned it must be 12 months prior to applying the 820. We don't fit the 'compelling' reasons outlined too.
We can't register our relationship as we are in WA.
We have all the other relevant 820 requirement .
One RMA (that has a 100% successful partner visa applications ) doesn't want to take on my case as she says Immigrations will reject my case due not fulfilling the 12 months de facto situation.

Any thoughts, ideas, suggestions would be highly appreciated.

Thank you in advance .
 

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Hello everyone,

I am currently on FA600 which is expiring 30th August 2018. My partner and i have been in defecto relationship since September 2017. I was thinking of applying for FA600 extension onshore but don't want the risk of 8503.
My partner is confident to do the submission mid August 2018. This will mean that we are short of one month before we meet the 12 months requirement. I know the Immi website mentioned it must be 12 months prior to applying the 820. We don't fit the 'compelling' reasons outlined too.
We can't register our relationship as we are in WA.
We have all the other relevant 820 requirement .
One RMA (that has a 100% successful partner visa applications ) doesn't want to take on my case as she says Immigrations will reject my case due not fulfilling the 12 months de facto situation.

Any thoughts, ideas, suggestions would be highly appreciated.

Thank you in advance .
Did you have plan to get married any sooner. Which could probably save you.
 

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Have you read this?

"I have been in a de facto relationship for 11 months. Do I still have to wait for another month before I can apply?

No. You can apply for a visa even if you have been in a de facto relationship for less than one year. However, your application is likely to be refused unless:

-there are compelling and compassionate circumstances for the grant of the visa, for example, there is a child of the relationship or the laws in your home country prevent you living with your partner.

-your relationship is registered under a law of a state or territory prescribed in the Acts Interpretation (Registered Relationships) Regulations 2008 as a kind of relationship prescribed in those regulations.

-your partner is, or was the holder of a permanent humanitarian visa and, before the humanitarian visa was granted, was in a de facto relationship with you that was declared to the Department at the time.

-your partner is an applicant for a permanent humanitarian visa."

Basically, if you can't supply evidence of being de facto for at least 12 months immediately prior to the date of your application and your relationship is not registered or you are not married, then you do not qualify for the visa and it can be refused. $7000 is a lot of money to throw away.

Another thing to consider: Was there a question on the 600 application asking your relationship status? If so, what did you put?
 

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But there may be an easy solution if you can give some more information.

Can you list the 600 conditions? For example, when is the expiry date/enter by date? How long is the allotted stay period? And is it multiple entry?
 

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Discussion Starter · #6 ·
"I have been in a de facto relationship for 11 months. Do I still have to wait for another month before I can apply?

No. You can apply for a visa even if you have been in a de facto relationship for less than one year. However, your application is likely to be refused unless:

-there are compelling and compassionate circumstances for the grant of the visa, for example, there is a child of the relationship or the laws in your home country prevent you living with your partner.

-your relationship is registered under a law of a state or territory prescribed in the Acts Interpretation (Registered Relationships) Regulations 2008 as a kind of relationship prescribed in those regulations.

-your partner is, or was the holder of a permanent humanitarian visa and, before the humanitarian visa was granted, was in a de facto relationship with you that was declared to the Department at the time.

-your partner is an applicant for a permanent humanitarian visa."

Basically, if you can't supply evidence of being de facto for at least 12 months immediately prior to the date of your application and your relationship is not registered or you are not married, then you do not qualify for the visa and it can be refused. $7000 is a lot of money to throw away.

Another thing to consider: Was there a question on the 600 application asking your relationship status? If so, what did you put?[/quote]

Thank you so much for your response.

We don't qualify for any of the compelling reasons stated. My partner is Australian Citizen by birth.

On the 600 application status was 'married' even though I've been separated from my ex husband for some time. From the country I'm from, theres no such thing as separated as a status, plus i never had any intentions or let alone plan to fall in love when i met my partner. It was unexpected. I only intended to come back (having lived here for about 7 years doing my studies) to make arrangements to ship back all my stuff back to home country.

i haven't been back home since and have lived together with my partner. Our relationship is special and unique i would say :) Love comes when you least expect it :) We can't get married yet as his divorce is pending the court hearing which would be soon. He has been separated from his ex almost three years now. My marriage is also in the process of annulment. we should be good in this aspect.

I understand what you are saying, about the $7k. my partner is also aware of this but he's pretty confident and wants to proceed as to him - our relationship is genuine and we love each other so much and the emotional bond is so strong between us . He is also aware that there maybe hurdles in the visa process but still confident going thru it. Worst case scenario he says - we will do the appeal if comes to that. As much as I'm confident too, i do feel stressed time and again , fear it may be rejected.

My FA 600 says No work and only maximum three months of study, this all.

I really appreciate whatever input you can share with me. Thank you so much :)
 

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Discussion Starter · #7 ·
But there may be an easy solution if you can give some more information.

Can you list the 600 conditions? For example, when is the expiry date/enter by date? How long is the allotted stay period? And is it multiple entry?
Here are the details -
Visa Grant - 30 August 2017
Visa expiry - 30 August 2018
Multiple entry
must not arrive after 30 august 2018
3 months on each arrival
8101 no work
8201 max three months study
 

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What is the expiry/last entry date?
What is the stay period?
Is it multiple entry?

All of the above would be listed on the grant letter.

It doesn't matter how genuine the relationship is. If you don't meet the requirements, they will not grant the visa. And de facto short of 12 months without meeting the above exceptions means you won't qualify. But like I said before, the above visa info may help if you can provide it.

Your case seems complicated with you stating married on that application then claiming de facto one year later. May be worth a consult with an RMA.
 

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Here are the details -
Visa Grant - 30 August 2017
Visa expiry - 30 August 2018
Multiple entry
must not arrive after 30 august 2018
3 months on each arrival
8101 no work
8201 max three months study
Thanks.

Just so you know, you can enter before the expiry and you are still allowed to stay for the 3 month stay period. So basically, you can enter 30 Aug and stay until 30 Nov. This would give you the extra time you need to qualify. (Notice how it says "Must not arrive after" and "3 month stay each arrival").

Still may be an issue with stating married on your app so like I said, would be worth a quick consult with an RMA to see what they think.
 

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Discussion Starter · #11 ·
Thanks.

Just so you know, you can enter before the expiry and you are still allowed to stay for the 3 month stay period. So basically, you can enter 30 Aug and stay until 30 Nov. This would give you the extra time you need to qualify. (Notice how it says "Must not arrive after" and "3 month stay each arrival").

Still may be an issue with stating married on your app so like I said, would be worth a quick consult with an RMA to see what they think.
Thank you again for your time to reply to my post.

My visa expires 30th August 2018 and checked on vevo it says the same. Have confirmed with an immigrations officer thru phone. Thus, i won't be able to fly out and come back in Australia before 30/8/18 to get another three months :(

I have consulted an RMA. according to her the status 'married' prior should not be an issue as i can prove that we've been separated for a considerable time. I have also lodge a changes of circumstances form 1022 (as per advised by the DIBP) stating the change of status. The RMA, however, does not want to take on my case as its short of the 12 months requirement. The RMA apparently has a 100% successful partner visa applications and perhaps she doesn't want to take the risk.

I'm really frustrated thinking about this whole situation. Part of me says don't give up, write a statement explaining my situation and just hope for the best.
 

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Discussion Starter · #12 ·
Sometimes, if i think of the situation- in order to fulfil the 12 months requirement, i can either opt for applying a student visa. But th edanger would be the risk of getting 8503.
But do i really want to study? well, the answer is no. i won't be a genuine student and i don't want to declare doing something I'm not intending to do.
Secondly, to apply for another extension of FA600, I will want to write the truth about the reason for extension - to be with my partner /visit friends and travelling (which is true, as i am still doing touristy stuff). BUT, this may come back against me, DIBP may refuse or impose 8503 (if they grant me an extension )

So help please, I'm needing some feedback/ideas/advise suggestions.

Thank you.
 

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You can enter before the last entry by date and stay the allotted stay period. It's likely you cannot though because you can't stay in Oz more than 12 months within a certain period on that visa if that's the case for you. Had you spent less time on it, you certainly could enter. It has nothing to do with visa expiry. Your stay period is what counts. If you left June 30 and reentered, you'd see in VEVO that you'd have to leave by Sept 30. Note what immigration's website says:

"Visa expiry date

For temporary visa holders only.

If you are:

- outside Australia, this is the date your visa ends

- in Australia, this is the date the period of stay ends on your visa. You must leave Australia before midnight (AEST) on this date."

And:

"Must not arrive after date

You must enter Australia before this date - as long as you enter Australia before this date you are allowed to be in Australia for the stay period listed for your visa."

So again, if you enter before the last entry date, you get to stay for the month stay period. Don't take advice from the phone from immigration. They're not responsible for what you do with the info and often it's incorrect. Now if they said you can't do that because you'll violate the condition of spending more than 12 months in Oz in a given period, then that's another story.

Student visa is a long time to abide by visa conditions. The BVA doesn't go into effect until that ends and getting your student visa cancelled would cancel your BVA and you'd become unlawful. Or you'd study and abide either until the student visa ends or the partner visa is granted.

Maybe you should check out the sticky in the immigration thread of reputable RMAs. Those guys won't steer you wrong.
 

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And it's not a risk. She knows you'll face refusal because you don't meet the requirements for the visa. It doesn't matter how genuine the relationship is, there are requirements that must be met. Immigration even tells you they'll refuse the visa for the exact reason you're stating.

Are you eligible for a working holiday or work and holiday visa?
 

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Discussion Starter · #16 ·
And it's not a risk. She knows you'll face refusal because you don't meet the requirements for the visa. It doesn't matter how genuine the relationship is, there are requirements that must be met. Immigration even tells you they'll refuse the visa for the exact reason you're stating.

Are you eligible for a working holiday or work and holiday visa?
Hi there,

i cant thank you enough for all your responses, taking the time to give feedback and asking questions. I really appreciate it.

I was referring to my first vevo that i printed out day one i got it. And silly me i reference that when i spoke to the immigrations officer. I have been out of the country three times since September 2017 and bless you for making me think and reflect!
Just printed my VEVO and this is what is stated -

VISA GRANT DATE : 30 August 2017
VISA EXPIRY DATE : 13 July 2018
LOCATION : ONSHORE
VISA STATUS : IN EFFECT
ENTRIES ALLOWED : Multiple entrees to and from Australia during
the validity of your visa
MUST NOT ARRIVE AFTER : 30 August 2018
PERIOD OF STAY : 03 months on each arrival

So, does this mean i can go out of the country before July 13th 2018 and come back in before 30th August 2018 and get another three months ? If this is the case then me and my partner would qualify for the 12 months requirement ?

Thank you again :)
 

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In theory, yes. But again, usually those visas say no more than 12 months in an 18 month period or something like that so if you want to comply with the conditions then it depends on how long you've spent in Oz.

The expiry you see in VEVO will be the stay period. So likely you entered Oz last on 13 Apr.
 

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Discussion Starter · #18 ·
In theory, yes. But again, usually those visas say no more than 12 months in an 18 month period or something like that so if you want to comply with the conditions then it depends on how long you've spent in Oz.

The expiry you see in VEVO will be the stay period. So likely you entered Oz last on 13 Apr.
Nowhere in my visa grant mentioned about stay of no more than 12 months in an 18 months period. Where can i see this if I'm missing it? i entered Oz on the 3rd September 2017 and since i have gone out and came back in four times, once in October 2017, one in January 2018 and twice in April 2018. Two of those travels were with my partner.

Do you think i should email DIBP and and get a written feedback would be the way to go in order to make sure.

Thanks again.
 

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I'm not a professional. I only know the basic knowledge which is essentially what's on immigration's website. I never had a 600 so no experience. I'm not sure if the 8558 condition has to be listed or if it's a general rule for 600s.

Would be worth asking in the main forum where an RMA may respond.
 

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Discussion Starter · #20 ·
I'm not a professional. I only know the basic knowledge which is essentially what's on immigration's website. I never had a 600 so no experience. I'm not sure if the 8558 condition has to be listed or if it's a general rule for 600s.

Would be worth asking in the main forum where an RMA may respond.
I thank you and remain grateful to you for your help and support. I will keep looking for information and will ring DIBP on Monday. Last time called them, at the end of the conversation, the officer asked if i wanted a reference number to the call and i said yes. So this means that whatever information they gave over the phone can be used and quoted as reference.

Will update you whatever info or confirmation i get and maybe it can also be useful to other people reading this as well :)

Thank you again :)
 
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