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Discussion Starter · #1 · (Edited)
Hi,

I have a few questions regarding the partner visa.
My situation:
I am from India and my partner is an Australian citizen. We met in November 2011 by being set up. We became a couple in May 2012 when the big 'L' word was dropped. Since then we have been with each other. I have met most of his family and have spent 3 Christmas's with them. We have gone out together as a couple numerous times and are accepted as a long term couple by family and friends. In February 2015 my mother came to visit me and met him as well as his parents and brother. In June of 2015 we started up a joint bank account. He is also listed as the only beneficiary to my superannuation funds. We officially got our relationship registered in November 2015 in Victoria. We are applying for a partner visa as a defacto couple.

I know that living together is a big part of the application but we were both unable to due to financial reasons. I just finished university and he is almost done as well and so being able to move in together was very stressful as we needed to work more and studies made that harder.
We started the joint bank account in the hope of saving up money to move in together. I was hoping to find work in Australia through sponsorship but that became quite hard and so we have to go through the partner route.
There is a lot of evidence that shows us as a couple that is socially accepted with photos (and we can get many testimonies). We also have Facebook chat log that goes back to December of 2011.
We have been separated about 4 times (I went back to India 3 times and he went to Europe 1 time). There is an extensive log of Skype chats, Facebook messages and other messages from apps to show we have maintained contact.
This is a bit of my situation.
I wanted to know:
Will the registration help in anyway?
Same with the joint account?
Our reason for not living together is financial. Is that a good enough reason (we do have logs of us discussing how its difficult financially)?
What else should I add to my application?

I hope I did a good job of explaining my situation.
Thanks guys
-Aish
 

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Hi,

I have a few questions regarding the partner visa.
My situation:
I am from India and my partner is an Australian citizen. We met in November 2011 by being set up. We became a couple in May 2012 when the big 'L' word was dropped. Since then we have been with each other. I have met most of his family and have spent 3 Christmas's with them. We have gone out together as a couple numerous times and are accepted as a long term couple by family and friends. In February 2015 my mother came to visit me and met him as well as his parents and brother. In June of 2015 we started up a joint bank account. He is also listed as the only beneficiary to my superannuation funds. We officially got our relationship registered in November 2015 in Victoria. We are applying for a partner visa as a defacto couple.

I know that living together is a big part of the application but we were both unable to due to financial reasons. I just finished university and he is almost done as well and so being able to move in together was very stressful as we needed to work more and studies made that harder.
We started the joint bank account in the hope of saving up money to move in together. I was hoping to find work in Australia through sponsorship but that became quite hard and so we have to go through the partner route.
There is a lot of evidence that shows us as a couple that is socially accepted with photos (and we can get many testimonies). We also have Facebook chat log that goes back to December of 2011.
We have been separated about 4 times (I went back to India 3 times and he went to Europe 1 time). There is an extensive log of Skype chats, Facebook messages and other messages from apps to show we have maintained contact.
This is a bit of my situation.
I wanted to know:
Will the registration help in anyway?
Same with the joint account?
Our reason for not living together is financial. Is that a good enough reason (we do have logs of us discussing how its difficult financially)?
What else should I add to my application?

I hope I did a good job of explaining my situation.
Thanks guys
-Aish
If you are currently offshore, why not go for a prospective marriage visa instead ?
 

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Just confirming is your relationship registration with BDM Victoria? Some people register with the city and don't realise it has to be done with BDM.

You would have a hard job convincing DIBP you are not dating and are de facto when you don't live together.
 

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Discussion Starter · #5 ·
Just confirming is your relationship registration with BDM Victoria? Some people register with the city and don't realise it has to be done with BDM.

You would have a hard job convincing DIBP you are not dating and are de facto when you don't live together.
Hi,

Yes we have registered with BDM Victoria. The reason for us not being able to live together is purely financial. We were saving to move in together after uni. I was hoping to find sponsored employment here but that became too difficult at the moment so now we are using our savings to apply for the visa.
 

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Hi,

Yes we have registered with BDM Victoria. The reason for us not being able to live together is purely financial. We were saving to move in together after uni. I was hoping to find sponsored employment here but that became too difficult at the moment so now we are using our savings to apply for the visa.
IMO financial is not a good enough reason as some people live with parents together. You are both in Australia together there should be no reason why you can't live together.

Sorry to be harsh but DIBP are not likely to accept it. They expect you to live together.
 

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Discussion Starter · #7 ·
IMO financial is not a good enough reason as some people live with parents together. You are both in Australia together there should be no reason why you can't live together.

Sorry to be harsh but DIBP are not likely to accept it. They expect you to live together.
Hey,

Yeah I know its a very difficult case. He lives with his parents and I live a suburb away from him and get financial assistance from family sometimes (not a lot as my living standard is not too high).

So I'm guessing there is no way of explaining it other that what was said. Although I do know that defacto couples do not necessarily live together. I have checked with lawyers about this. I will be talking to a migration agent about this issue too.
 

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Hey,

Yeah I know its a very difficult case. He lives with his parents and I live a suburb away from him and get financial assistance from family sometimes (not a lot as my living standard is not too high).

So I'm guessing there is no way of explaining it other that what was said. Although I do know that defacto couples do not necessarily live together. I have checked with lawyers about this. I will be talking to a migration agent about this issue too.
Not sure which lawyer you have spoken to, but from all the cases I have seen here, de-facto means a live-in relationship who are not married.
As per google:
"A de facto relationship is a relationship that two people who are not married or related by family have as a couple living together on a 'genuine domestic basis'. It can exist between 2 people of the opposite sex, or between 2 people of the same sex."

Especially because you are in Australia, DIBP is going to look at the living away from each other thing suspiciously and might even consider it dating.
Hope this helps. Good Luck!!

Kind Regards,
Becky
 

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Yeah I know its a very difficult case. He lives with his parents and I live a suburb away from him and get financial assistance from family sometimes (not a lot as my living standard is not too high).

So I'm guessing there is no way of explaining it other that what was said. Although I do know that defacto couples do not necessarily live together. I have checked with lawyers about this. I will be talking to a migration agent about this issue too.
Sometimes we see what we see, and know to be true. We then look for others to validate our position. You are trying to do that yourself. A normal reaction.

And I am sure they will be happy to take your application fee.
However, no matter how many agree with what feels right, the only one that makes the difference is the Case Officer and their interpretation of the law.

But if it gets rejected, you can always pay for an appeal and pay for an agent and/or lawyer to help with the appeal.

Have a read of this: https://www.border.gov.au/about/corporate/information/fact-sheets/35relationship
 

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It is not too late to move in together...Applying from a student visa you can expect a lot of scrutiny. If you wanted to go ahead, as is, you'd need to build a very strong case somehow.
 

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Because so many students ,who are stuck for alternative PR options, apply for partner visas.

Sent from my iPhone using Australia
 
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