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Discussion Starter · #1 ·
Hello all! I am weeks away from submitting an application for the 820/801 partner visa and I have been feeling rather confident about the whole situation. We have extensive evidence from the 3.5 years we've been together, 3 years of which we were living together. We've travelled to 20 countries together, we've been to visit my parents three times in the USA, travelled internationally with his family and mine, got heaps of shared accounts and shared assets (car in both names, leases, savings, etc).. I was even sure that we would qualify for the 3 year "long term" de facto exception (801 granted immediately after 820 without an additional wait period).

Here's the hiccup: I was on a WHV for a few months in 2016 and then back onto a student visa immediately after, and both times I listed my status as "not married" instead of "de facto". We were living together, my partner was literally in the room with me as I applied for both visas, we were in every way de facto and I have all the documentation to prove it.. BUT at the time I applied for these visas, I had no idea what de facto even was! I just thought I was "not married"! We registered our relationship in NSW shortly after the grant of the second visa, but I just didn't understand at the time that I should have ticked "de facto" on those forms, since we really WERE de facto.

Now, I am seriously concerned that this will come back to bite me. Even though I have mounds of concrete evidence supporting our de facto relationship for over 3 years, I MYSELF said I wasn't in a de facto relationship during the time that I am now claiming to have been...

It was a genuine, honest mistake. But how do I move forward? Should I write this in a letter and include it with my application, hoping that Home Affairs accepts the unfortunate blunder and chooses to believe me when I now say we were de facto in that time? Or do I completely give up hope of getting that 3 year "long term" exception :( Any advice would be incredibly helpful, I am slightly devastated by my own stupidity.
 

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Presumably you ticked 'NEVER MARRIED'. If this was the case, your error would not be fatal. I suggest that you upload a Notification of incorrect answers (form 1023) ASAP.
 

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Discussion Starter · #3 ·
Thank you so much for your response!

Yes, that's correct, I specified "never married" which isn't necessary single. Relieved to hear that it may not have been a fatal error, in that case. I will complete form 1023 asap, should I upload separate ones for both visas that contained the error?

Do you recommend that I write a stat dec to include in my current 820/801 application explaining the error and that I've since submitted Form 1023?
 
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