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Discussion Starter · #1 ·
Is this enough for defacto 12months???


I met my gf in july 2015, after a year apart (and staying in contact) I travelled to her country England and holidayed with her for one week, we can prove financial dependence over this time (hotels ubers shows and tickets ect). Then we were apart till October 2016 when we were reunited in bali, we can prove I paid for 4 separate private villas and many bank statements proving sharing of funds. My gf then moved in with me in October 25th. So we have a mountain of evidence from October 25th 2016 till now, and a smaller amount for the first part before she came to aus.

Can someone advice if this could work for defacto 12months

Side note we need to lodge before 25th October to avoid her breaching her current working holiday visa
 

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Is this enough for defacto 12months???

Can someone advice if this could work for defacto 12months

Side note we need to lodge before 25th October to avoid her breaching her current working holiday visa
I wouldn't be game to advise anybody on the basis of such vague information....You either have to be a lot more specific or hire a mind-reader.
Fact that you still talk about your "girlfriend" rather than a de-facto partner makes me wonder if you have thought things through properly.
 

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Discussion Starter · #3 · (Edited)
im glad you see this as an opportunity to show your arrogance. I have a woman at home who is stressed to the max with a pile of evidence we cant climb over. what would you require to give you opinion bar copy and pasting our entire application. I don't think you could have given a less helpful reply.
 

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My gf then moved in with me in October 25th. So we have a mountain of evidence from October 25th 2016 till now, and a smaller amount for the first part before she came to aus.
So you have 'evidence' of a de-facto since Oct last year?

What evidence is considered?

When submitting evidence of a de facto relationship, applicants must be able to demonstrate that their relationship has existed for at least one year before the application is made. Evidence may include but is not limited to:

The history of the relationship through a signed statement regarding:

how, when and where the couple first met
how the relationship developed
the couple's domestic arrangements, that is, how they support each other financially, physically and emotionally and when this level of commitment began
any periods of separation, when and why the separation occurred, for how long and how the couple maintained their relationship during the period of separation
the couple's future plans.

Financial aspects of the relationship, such as:

joint ownership of the house or joint names on a lease
correspondence addressed to the couple at the same address
details of financial commitments including bank statements, and any joint liabilities.

The nature of the household, such as:

any joint responsibility for the care and support of any children
the couple's living arrangements including sharing responsibilities within the home.

Social context, such as:

evidence that the couple is generally accepted and recognised as a couple socially such as joint invitations
evidence of common friends
assessments by the couple's friends and family of the relationship
joint travel or joint participation in sporting, social or cultural activities.

The couple's commitment to each other, such as:

the duration of the relationship including knowledge of each other
intention to have a long term relationship, for example, through terms of their wills
correspondence and telephone accounts to show that the couple maintained contact during any periods of separation.
 

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im glad you see this as an opportunity to show your arrogance. I have a woman at home who is stressed to the max with a pile of evidence we cant climb over. what would you require to give you opinion bar copy and pasting our entire application. I don't think you could have given a less helpful reply.
If you are serious about this, you should make bit more of an effort to explain your situation. The information you provided is indeed very vague and it would be foolish for anyone to advise you on that basis.

It is not just about using the correct "noun". There is a important legal difference between the terms "girlfriend" and "partner" or "de-facto-partner".

Applying for a partner visa is no simple matter. There is a lot more to a de-facto relationship than having spent time together in various countries. So maybe do some research on this forum first and come back with some more specific questions, rather than calling people arrogant, because they don't tell you what you want to hear.

The previous poster provided a list of the sort of evidence you would be looking at. Depending on your location, you could also consider registering your relationship.
 

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Discussion Starter · #6 ·
thanks so much for that reply, very hepful. I was mostly confused at to whether we could claim defacto without having actually lived in the same residence in Australia for the first 2 months of relationship, from the looks of things from other posts this is more more then achievable, as we were together for 3 weeks of that, we have a lot of facebook msgs and emails, photos, banks statements, receipts for flowers I sent her while I was in aus by myslef, and hotel receipts and meals ect. love letters and the fact she went got her visa so she should be with me here. hopefully chills my missus out a little hearing that
 

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Discussion Starter · #7 ·
well don't act arrogant then would be one way to avoid being called it. You might deal with this everyday but we have only dealt with this for the last 3 months so sorry for taking up your time. buddy
 

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Discussion Starter · #8 ·
So you have 'evidence' of a de-facto since Oct last year?

What evidence is considered?

When submitting evidence of a de facto relationship, applicants must be able to demonstrate that their relationship has existed for at least one year before the application is made. Evidence may include but is not limited to:

The history of the relationship through a signed statement regarding:

how, when and where the couple first met
how the relationship developed
the couple's domestic arrangements, that is, how they support each other financially, physically and emotionally and when this level of commitment began
any periods of separation, when and why the separation occurred, for how long and how the couple maintained their relationship during the period of separation
the couple's future plans.

Financial aspects of the relationship, such as:

joint ownership of the house or joint names on a lease
correspondence addressed to the couple at the same address
details of financial commitments including bank statements, and any joint liabilities.

The nature of the household, such as:

any joint responsibility for the care and support of any children
the couple's living arrangements including sharing responsibilities within the home.

Social context, such as:

evidence that the couple is generally accepted and recognised as a couple socially such as joint invitations
evidence of common friends
assessments by the couple's friends and family of the relationship
joint travel or joint participation in sporting, social or cultural activities.

The couple's commitment to each other, such as:

the duration of the relationship including knowledge of each other
intention to have a long term relationship, for example, through terms of their wills
correspondence and telephone accounts to show that the couple maintained contact during any periods of separation.
thanks so much for that reply, very hepful. I was mostly confused at to whether we could claim defacto without having actually lived in the same residence in Australia for the first 2 months of relationship, from the looks of things from other posts this is more more then achievable, as we were together for 3 weeks of that, we have a lot of facebook msgs and emails, photos, banks statements, receipts for flowers I sent her while I was in aus by myslef, and hotel receipts and meals ect. love letters and the fact she went got her visa so she should be with me here. hopefully chills my missus out a little hearing that
 

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Discussion Starter · #9 ·
If you are serious about this, you should make bit more of an effort to explain your situation. The information you provided is indeed very vague and it would be foolish for anyone to advise you on that basis.

It is not just about using the correct "noun". There is a important legal difference between the terms "girlfriend" and "partner" or "de-facto-partner".

Applying for a partner visa is no simple matter. There is a lot more to a de-facto relationship than having spent time together in various countries. So maybe do some research on this forum first and come back with some more specific questions, rather than calling people arrogant, because they don't tell you what you want to hear.
well don't act arrogant then would be one way to avoid being called it. You might deal with this everyday but we have only dealt with this for the last 3 months so sorry for taking up your time. buddy
 

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Being rude will not help you on this forum.
CCMS is a Registered Migration Agent, you should value his response.

Your evidence listed appears weak. Do you share any financial ties? Rent, car insurance, any insurance, phone contracts, shared joint accounts? Are you listed on one another tax, supers ? Do you have evidence of others accepting your relationship? Invites, chats from friends asking about one another, cards from family addressed to you both?

This visa isn't for a boyfriend and girlfriend, de facto holds similar rights to marriage. It is an expensive three + year wait for a visa do not take this as lightly as your posts appear.
 

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Is this enough for defacto 12months???


I met my gf in july 2015, after a year apart (and staying in contact) I travelled to her country England and holidayed with her for one week, we can prove financial dependence over this time (hotels ubers shows and tickets ect).

* All of this they way you describe it is "dating" - a far cry from "Financial dependence. DIBP will possibly see it the same way and will not count to a de facto relationship.

Then we were apart till October 2016 when we were reunited in bali, we can prove I paid for 4 separate private villas and many bank statements proving sharing of funds.

* "I paid for 4 villas" and " proving sharing funds" unless you have better evidence it is still like dating to me.

My gf then moved in with me in October 25th.

* What did your GF claim as her marital status for this visa? (I assume a WHV) this may be very important as DIBP can use this to decide when your de facto relationship started!

So we have a mountain of evidence from October 25th 2016 till now, and a smaller amount for the first part before she came to aus.

* You maybe surprised as to what is evidence and what is not.

Can someone advice if this could work for defacto 12months

* Yes, a RMA such as CCMS after they see all your evidence and you answer a questionnaire.

Side note we need to lodge before 25th October to avoid her breaching her current working holiday visa.

* So it was a WHV, now the extra year will not be an option!!
* don't be foolish and breach that visa expiry - it will be very painful for you and your "gf".
*If you do not meet the 12 month requirement and apply it will be refused with no refund.

**** Don't pi$$ of our very helpful RMA's that help many on this forum! You gave very little info as I expect you have done very little research into this to date. After knowing a bit about the process it took many of us a month or more to gather all required for a partner visa application - so she has very good reason to be worried sick right now - I suggest you both devote some time to it now.
 

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All of this they way you describe it is "dating" - a far cry from "Financial dependence. DIBP will possibly see it the same way and will not count to a de facto relationship.
That was my first thought, based on the very limited information provided. I also pointed out that there is an important legal difference between the terms "girlfriend" and "de-facto".

From the DIBP de-facto factsheet:

My partner and I met when we were travelling around the world and realise now that we want to remain together. Does our time travelling together count towards the one year requirement?
If your relationship has been on a more casual basis you are unlikely to be able to establish that you are in a de facto relationship. This may be the case if, for example, during your travel, you shared accommodation but you each paid your own expenses, were not committed to a mutually exclusive relationship and made no long-term plans for your future until recently.


https://www.border.gov.au/about/corporate/information/fact-sheets/35relationship
 

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thanks so much for that reply, very hepful. I was mostly confused at to whether we could claim defacto without having actually lived in the same residence in Australia for the first 2 months of relationship, from the looks of things from other posts this is more more then achievable, as we were together for 3 weeks of that, we have a lot of facebook msgs and emails, photos, banks statements, receipts for flowers I sent her while I was in aus by myslef, and hotel receipts and meals ect. love letters and the fact she went got her visa so she should be with me here. hopefully chills my missus out a little hearing that
As others mention, de-facto is basically married but without the certificate. If you think you are that, and she is basically 'your other half', then de-facto may be possible provided you have ample evidence.

GL!

Are either of your parents British subjects? I found out the my father legally is and I am able to apply for a UK passport.. :cool:
 

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As others mention, de-facto is basically married but without the certificate. If you think you are that, and she is basically 'your other half', then de-facto may be possible provided you have ample evidence.
QUOTE]

Sadly to think is a $7,000 risk, a CCMS posted I assume from a DIBP policy manual PAM 3. DIBP may not agree with your evidence being de facto.

All visa's are process I.A.W DIBP policy manual/s, so a case officer can not be flexible on some things.

* The WHV application Marital Status question maybe the proof they need!?
 

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CCMS posted I assume from a DIBP policy manual PAM 3.
Actually, this information is publicly available from the DIBP website.

A lot of the stress caused by this complicated process can be avoided by being well- informed and taking a rational and systematic approach.
 

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I would recommend you to register your relationship. I was in the same situation and I got refused. My partner and I started living together since April 2015 but we were geographically separated for a while due to my overseas study. We applied for onshore partner visa in August 2016 and at that time we didn't live together for 12 months. I thought the bank statements, facebook messages, pictures, statements, and form 888s would be enough but no. I don't think the case officer even looked at the facebook messages because it wasn't mentioned at all in the decision record. A registered migration agent told me that I should have highlighted the important parts of the messages.

A lawyer told me that I can register after the lodgement and it can still waive the 12 months requirement but I am not sure about this. (The case officer can be very strict on the four aspects even if the relationship is registered.) However, it was too late for me. I think your evidence is stronger than ours but I wouldn't encourage you to take the risk. I am still in the pain of regrets. Trust me, you don't want to go through the refusal.
 

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Is this enough for defacto 12months???

I met my gf in july 2015, after a year apart (and staying in contact) I travelled to her country England and holidayed with her for one week, we can prove financial dependence over this time (hotels ubers shows and tickets ect). Then we were apart till October 2016 when we were reunited in bali, we can prove I paid for 4 separate private villas and many bank statements proving sharing of funds. My gf then moved in with me in October 25th. So we have a mountain of evidence from October 25th 2016 till now, and a smaller amount for the first part before she came to aus.

Can someone advice if this could work for defacto 12months

Side note we need to lodge before 25th October to avoid her breaching her current working holiday visa
Like others have mentioned, don't breach the current visa. You're in for a world of hurt if you do. A quick search on the forum will tell you that.

Also, it's not as easy as you might think to apply for this. When my partner and I first started the process, we went through everything with a fine tooth comb. 5 months later we still haven't applied, we are still organizing and sorting things out. I would strongly recommend collecting all of your evidence and organizing based upon the guidelines for the visa you are applying for.
 
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