[GabriellaG]

Hi Everyone,

I am moving to Australia on 4th April 2018 to finally be back with my partner again (we're not married). I am going over initially on a working holiday visa with the hope of applying for a De Facto Visa after the 12 month WHV ends.

We have been in a relationship since November 2016. We met in London in 2016 and have been on a few holidays together whilst he was living in London. We didn't live together in London though. Lots of pictures and travel bookings to prove this.
He then had to move back to Aus in July 2017 as his visa was up here but we have remained in a committed relationship ever since, kept in constant communication and I went to visit him for 3 weeks over Christmas 2017. The plan has always been for me to move over there however due to work commitments we had to be away from each other for 8 months.

We have many friends and family who can vouch for our relationship too.

When i move over in April 2018 we will be living together permanently. We will register our relationship too as soon as I get there with Queensland (should've done it when i was there over Xmas but didn't know about it until I found this forum).
I did want to try register relationship now before I left to move there but it looks to be quite difficult and expensive with everything that needs to be certified if not applying in person.

We will open a joint account and everything too once I am there. Also quite difficult to do with me in the UK and he in Aus.

My concern is when the time comes to apply for De Facto (this will obviously be a few weeks before my WHV ends) we would not have lived together for the full 12 months. It will probably be 11 months and 2 weeks even though by that time we would have been in a relationship for 2.5 years nearly.

I have heard conflicting info about the 12 month living together rule.
Do you think we will be granted the de-facto visa on the above basis or is there anything else i could / need to do beforehand to further help and prove our 12 months of being in a committed relationship if that is what is needed.

Any help or guidance would be much appreciated.

Thank you.

 

[GabriellaG]

Wow thanks guys. I have some flight bookings and hotel bookings with both our names on and pictures from a Budapest trip at the beginning of 2017. Would that suffice as proof for start of de facto?

Wasn't aware of the changes that were coming into place for Partner visa / de facto. So would you recommend maybe applying 9 months into my WHV which gives me 3 months until WHV expires.

The only evidence I have to prove de facto is holidays we have been on together, texts, email exchanges, photographs all dating back to end of 2016 and beginning of 2017....

I may also have some bank statements showing transfers between us. I probably have more evidence than i think i do.

Yeah I may register the relationship but it's like £80 per document to get it certified here by Aus embassy and then i have to courier all that (like 6 documents) so that's like £500 almost. But maybe worth it to waive the 12 month requirement.

Appreciate the help!

 

[GabriellaG]

Three is no requirement to have lived together for 12 months, and you'll find that such a thing is not stated on the immigration website as a requirement either.

It is a 12 month de facto equirement. Registering the relationship also waives the 12 month requirement.

Basically, having lived together at some point and are not living apart on a permanent basis, then you can consider yourselves de facto.

Don't wait 2 weeks out to apply. Problems with immi account, maintenance, delays in processing payment, delays in receiving the bridging visa, etc can all cause an issue that close to your WHV expiring. Not to mention there are changes immigration is attempting to put into effect that could make it more difficult to apply for partner visas onshore, likely to have a sponsor need approval before an applicant can apply, and this can easily be a drawn out process to take 3 or 4 months which would restrict people applying for a partner visa just before their current visa ends. There's no date or information on this rule, but it has been hinted at by professionals and immigration likes to implement policy overnight with no warning.

Just some things to be aware of.

Thanks for the advice and heads up. So when you say if you register relationship it waives the 12 month requirement what do you mean by this exactly? So if i entered Aus on 5th April 2018 I take it my WHV will expire 4th April 2019.
Does that mean at any point during that year i could apply for De Facto visa as long as relationship is registered?

 

[GabriellaG]

Pretty much. You'll still need evidence of combined lives so probably best to wait a bit into your WHV to start gathering joint finances, joint bills, joint social groups, etc.

Registering waives the 12 month de facto requirement but you still need to prove you're de facto with evidence.

Ok cool, will do. So if I can prove De Facto from January 2017 (as that's the first holiday we went on together) and I register our relationship when i arrive in Aus (So by end of April 2018) and then I am thinking I should probably wait until we have lived together in Ausfor a couple of months like you say and then apply.

I am scared now about these changes they are thinking of bringing in. What would it mean exactly? First I have heard of it...

 

[GabriellaG]

Registration of relationship removes the 12 month timeframe requirement.

But not the required evidence requirements.

Yeah makes total sense otherwise a lot of people would try play the system and just register non-genuine relationships.
I am just hoping that holidays, bank transfers between us, pictures, communication, me going to visit him in Aus once he had moved all count toward evidence. We have everything except living together. Although we practically did live together as were together 24/7 but didn't officially live together. Just stayed at each others houses.

 

[GabriellaG]

But you will be living together before you apply.

Yes exactly. Ok I think we should be ok. Thanks so much for your help guys. Are you able to share a link where I can read more about the changes that may be implemented with regards to Partner / De Facto?

Thank you

 

[GabriellaG]

Wow that's very funny!

Sorry but you will find out why I make that statement.

Why? Don't tell me the changes have been implemented!!! haha that would be my luck!!

 

[GabriellaG]

No not implemented, but don't expect any prior warning of changes until implemented date.

Often it is at best a few days notice.

Ok thanks. I still don't understand what was funny?

 

[GabriellaG]

The fact you think they give notice/warning of changes.

We all thought that was a given or a normal before we started this process - how wrong we were.

Ooooh yes haha. Having gone through my fair share in the UK with obtaining my British Passport after Brexit I am well aware now of how on the ball you have to be with Home Office.
Just reading up on the proposed changes they are looking to bring in on approving the sponsor. Doesn't cause me great concern as he will definitely be approved however it just means like you said - it will take longer now.
Thanks again for your help everyone