[vader]

Hi, I am holding a student visa, but it is going to end soon
Long short story, I have been together with my girlfriend for more than a year and we are planning to apply for de facto visa( my agent recommendation)
so our current situation;
1. we have been together for more than a year
2. we never post our activities on social media or hang out with friends because we prefer to spend time together, but we do have common friends
3. we don't live together, but she come to my place almost everyday like my room is full with her stuff. she is still living with her parents
4. we have heaps of picture of us, chat history from we first met and the journey of our relationship, lots of gift card or letter for special day
5. we have joint bank account
My agent told me to Register Our relationship and apply it offshore
Is it possible to apply for the visa? any suggestions?
thank you

 

[CCMS]

Partner visa applicants on student visas should make sure they have a very solid application.

If you don’t live together, I can’t see how you can claim to be in a de- facto relationship.

Why is your migration agent advising you to apply offshore ? Have you told the full story?

 

[nopinopita]

Hi, I am holding a student visa, but it is going to end soon
Long short story, I have been together with my girlfriend for more than a year and we are planning to apply for de facto visa( my agent recommendation)
so our current situation;
1. we have been together for more than a year
2. we never post our activities on social media or hang out with friends because we prefer to spend time together, but we do have common friends
3. we don't live together, but she come to my place almost everyday like my room is full with her stuff. she is still living with her parents
4. we have heaps of picture of us, chat history from we first met and the journey of our relationship, lots of gift card or letter for special day
5. we have joint bank account
My agent told me to Register Our relationship and apply it offshore
Is it possible to apply for the visa? any suggestions?
thank you

Why don't you apply for 485? I finished ny student visa (have been together with my partner since 2016) but we decided for me to go 485 before partner.

Besides I have heard partner from student visa applicants will be getting lots of scrutiny.

 

[mrsmorrow28]

I dont believe you would be eligible for a de facto visa, you need to have lived together for a period of 12 months.

 

[nopinopita]

I dont believe you would be eligible for a de facto visa, you need to have lived together for a period of 12 months.

That's why the agent told them to register their relationship to waive the 12 months de facto but they have to still provide the usual evidence (social, finance etc)

 

[Skybluebrewer]

I dont believe you would be eligible for a de facto visa, you need to have lived together for a period of 12 months.

Actually, that's a common misconception. It is not a requirement to have lived together for 12 months to be eligible for a 309/100 or 820/801.

 

[mrsmorrow28]

That's why the agent told them to register their relationship to waive the 12 months de facto but they have to still provide the usual evidence (social, finance etc)

My mistake, late here, missed the point of 'registering' their relationship.. Apologies

 

[Skybluebrewer]

Even if you don't register the relationship, there's no requirement to have lived together for 12 months.

 

[nopinopita]

I dont believe you would be eligible for a de facto visa, you need to have lived together for a period of 12 months.

Actually, that's a common misconception. It is not a requirement to have lived together for 12 months to be eligible for a 309/100 or 820/801.

Yes but still they have to provide a solid proof that they are de facto

 

[Skybluebrewer]

I never said they didn't. I'm simply stating that there is no requirement to live together for 12 months and one can still be eligible as de facto without having done so.

 

[mrsmorrow28]

I never said they didn't. I'm simply stating that there is no requirement to live together for 12 months and one can still be eligible as de facto without having done so.

Interesting! What are the specifics on this?

 

[ampk]

Why the offshore application?

I can understand a PMV application with what has been posted.

 

[ampk]

Interesting! What are the specifics on this?

It says the de facto "relationship" must be more than 12 months.
Can live separately apart - but not on a permanent basis.

Not exact words.

 

[Skybluebrewer]

Interesting! What are the specifics on this?

Read the DHA visa website.

"You must have been in a de facto relationship for at least 12 months."

It does not state that you must have lived together for 12 months.

De facto relationship:

"You and your partner are in a de facto partner relationship if all of the following applies:

you are not legally married to each other
you are committed to a shared life to the exclusion of all others
your relationship is genuine and continuing
you live together or do not live separately and apart on a permanent basis
you are not related by family."

Living together:

"Living together is regarded as a common element in most on-going relationships. It is recognised that, for various reasons, couples may sometimes have to live apart. Provided the separation is temporary and the couple had, at some point since commencement of the relationship lived together, their relationship might still satisfy the requirements of a de facto relationship.

For this reason, the one year relationship criterion does not require the couple to have physically lived together for the entire 12 months, but rather to have been in a de facto relationship for that period."

Read the de facto partner fact sheet here.

My partner and I technically only live together 1/3rd of the year. Were we not married, our relationship would still be considered de facto.

 

[vader]

Read the DHA visa website.

"You must have been in a de facto relationship for at least 12 months."

It does not state that you must have lived together for 12 months.

De facto relationship:

"You and your partner are in a de facto partner relationship if all of the following applies:

you are not legally married to each other
you are committed to a shared life to the exclusion of all others
your relationship is genuine and continuing
you live together or do not live separately and apart on a permanent basis
you are not related by family."

Living together:

"Living together is regarded as a common element in most on-going relationships. It is recognised that, for various reasons, couples may sometimes have to live apart. Provided the separation is temporary and the couple had, at some point since commencement of the relationship lived together, their relationship might still satisfy the requirements of a de facto relationship.

For this reason, the one year relationship criterion does not require the couple to have physically lived together for the entire 12 months, but rather to have been in a de facto relationship for that period."

My partner and I technically only live together 1/3rd of the year. Were we not married, our relationship would still be considered de facto.

Partner visa applicants on student visas should make sure they have a very solid application.

If you don't live together, I can't see how you can claim to be in a de- facto relationship.

Why is your migration agent advising you to apply offshore ? Have you told the full story?

I think because the process can be faster than applying onshore
I told them full story, in fact they are my agent since i first came to australia

Why don't you apply for 485? I finished ny student visa (have been together with my partner since 2016) but we decided for me to go 485 before partner.

Besides I have heard partner from student visa applicants will be getting lots of scrutiny.

I don't think I am able to apply for 485 because i just study diploma here

 

[ampk]

It makes no sense why you would do an offshore application!

An 820 (onshore) application comes with a Bridging Visa A that has full work rights and Medicare, you can apply for a Bridging Visa B if you need to travel.

From what you have posted there is no benefit but, only extra cost and separation in an offshore application - actually the benefit if it was actually processed faster offshore is an application for Citizenship possibly being earlier, but no guarantee.

As I said before I can see the offshore for a PMV application but not a 309.

 

[CCMS]

I think because the process can be faster than applying onshore
I told them full story, in fact they are my agent since i first came to australia

I don't think I am able to apply for 485 because i just study diploma here

Applying offshore just because processing may be faster makes no sense at all. I just had a sc. 820 granted after only 9 months. It is impossible to predict how long any application may take.

 

[mrsmorrow28]

Applying offshore just because processing may be faster makes no sense at all. I just had a sc. 820 granted after only 9 months. It is impossible to predict how long any application may take.

Really disappointed at the min that we listened the the MARA agent on this advice for our case.
We were willing to do on shore so we could access bridging if needed and work for my husband but were talked out (I suspect to solidify the sale) under the guise that the laws were potentially changing later in the year that could make it more difficult.

Now we are 3 months down the line, only have 4 months to go until we fly out and no sign of a CO and a massive official waiting time hanging over our heads as per the Dept website