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Discussion Starter · #1 ·
Hi Everyone,

This is my first time to leave a post. I'd like to tell you about my situation, maybe you guys can give us some suggestions. Thanks :)

I come from Hong Kong and my bf of 4 years is Australian. Im staying in Australia right now. Im holding a holiday working visa which will expire in mid-Feb. 2010. Then I will go back to HK and apply an offshore de-facto visa there.

We've been lived together in HK for 5 months. Cos' of job issue, then he went back Australia and we had long distance relationship for 1.5 years. And I come and have been living here since mid-Feb. 2009 with his family.

Here's the problems of the one-year relationship requirement:

1) I have booked a flight to leave on 24th Jan. 10. Which means we have lived together in Australia only about 11.5 months only. Should I change my flight to mid-Feb.? Cos' we thought the time when we stayed in HK will be counted. However, I just find out maybe it doesn't.

2) And in between I flied back to HK about 3 weeks for my sister's wedding. Does it affect?

3) For the proof, we doesn't have any joint bank a/c, joint name utility bills (his parent names). Just our own name bank statements with the same address. Just have phone bills to show that he is the one to pay and im the actual user. But he has been transferring pocket money into my bank a/c since Im in Australia. Is that enough to show we have a geniune relationship together?

4) We're planning to travel when the application is processing. But do we have to submit our passports to the office?

Getting worried and headache about the visa and wondering if anyone can give us some suggestions. Thanks a lot!

Ka
 

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Hi there,

I think it would be a good idea to delay your flight a little, to give you a full 12 months. Even if you went back to Hong Kong for the wedding during the 12 months, if you show that you kept in touch for that period, it should be fine.

If you look at past posts from elkitten, she recenlty got a de-facto visa and was in a similar situation in that they had little evidence of joint expenses. She used bank statements for the whole 12 months and highlighted transactions that showed her and her partner spent money on eachother and shared things such as bills and groceries etc. If you partner paid money to your account, it can be used as evidence.

I hope things go well. Let us know how things are going. I will help my partner with his application in the future, so hopefully we can learn from each other :)
 

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Discussion Starter · #4 ·
Thanks, aussiegirl.

My bf and I both thought it was not too difficult to apply at the start. But when we search more and more information, we find out we have to submit a lot of doc. which some of them we didn't keep (like phone bills to show we still kept in touch). But we're planning to print the chatting history when we were apart as a proof.

And one more thing is do we have to submit our love letter and cards stuff to them? But feeling embarrassed for other people to see the contents.

It's good this forum let us to help each other here. Good luck for your future application. But I believe it will be fine as you have a early preparation. I hope my application will be fine too. Of course I will update my process here for you guys as a reference.
 

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Discussion Starter · #5 ·
xdorota, we know we are able to apply onshore now as the change of regulation.

However, we still decide to apply offshore 1) it is easier for me to collect some doc. which are in HK. Even though I tell my family where i put them, they maybe no idea which are useful. 2) Easier to get the police check 3) cheaper to apply offshore, then I just take the time with my family and friends (esp. to celebrate the chinese new year)

Oh, one question suddenly jump into my mind. Do I have to apply the police check here in Australia? as i stay a year.

Ka
 

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Hi Ka,

Yes, u need a police check from here too.

I was just thinking that applying from here would be more beneficial for your application. Since then the immigration office will know that you want to be together, unless your boyfriend would join you to HK. This way you are proving the immigration office that you are genuinely together and can't be away from each other. Just a thought.

Hope I could help.

Cheers,
Katey
 

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Hi again. About the cards and letters... although they're personal, you should include a few in your application to show your commitment to and support of eachother, especially if they were sent when you were appart.
 

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Discussion Starter · #8 ·
thanks all of you.

Then I have to apply the police check here before I go.

My bf is planning go to HK and maybe go travelling to Japan around March. Can we arrange both of our interviews in HK? If the interviewer will see him in HK, then maybe better?
 

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Hi yeah,
Good idea from Aussie Girl to have a look at what elkitten did and the general structure of building her case.

Likewise with your situation, do not discount the time together in HK and even with the 1.5 years apart you have longevity to your relationship and so anything you can show by way of evidence for the earlier time is only to your benefit.

Even if it is statements from family/friends about your relationship there, something that confirms your partners work movement back to Australia and see if you can get old statements from banks and telephone companies etc.

The other thing to be considered:
If you are resident in Victoria, ACT or Tasmania, you may be able to get your relationship registered and that is of benefit in claiming a partner visa.

Let me know if you are and I can put up relevant link for you, otherwise it is of no relevance.
 

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Hi yeah510,
The relationship registration is designed primarily for people who can't get married (same sex) but the legislation has the effect of being non-discrimatory, therefore, anybody who is in a relationship can get it registered, irrespective of their sex. It basically gives couples various rights similar to a married couple in case of separation, i.e. property, inheritance, etc. It has been around for some time but it's been only recently that DIAC has decided to recognise those registrations same way as legal marriage, so gay couples do not have to show 12 months if they've registered their relationship. DIAC has not yet dealt with many cases of opposite sex registered relationships, if any, so there may be a danger of them questioning the situation, i.e. why you choose the registration rather than get married. I don't think DIAC officers are experienced enough yet to know what it is about, so I suppose for some time they will accept it at face value.
If you choose to do it, let us know. You do it with the same registry where you can arrange your marriage, Victorian Registry of Births, Deaths and Marriages.
Good luck,
dorota
 

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Just putting some of what xdorota has stated in a step by step approach, first of all if you go to the relevant immi site section:
Family - Visas & Immigration
Go to the In Australia 820/801 and follow links under the eligibity section and @ Australian Immigration Fact Sheet 35. One-Year Relationship Requirement scroll down a bit to
Waivers
The one-year relationship requirement does not apply if the applicant can establish that there are compelling and compassionate circumstances for the grant of the visa. For example:

•in the case of a de facto partner relationship where there is a child from the relationship
•at the time of application of the partner visa, the de facto relationship was registered as a prescribed relationship in the relevant Australian state or territory legislation, or
Regardless of same sex or not, registration of a relationship is possible under Victorian State Law and according to legislation passed for Immigration a registration is accepted and hence the regs now show that.

To get registered is a simple enough matter of showing evidence that you live in Victoria and having ID which in the case of Victoria will be for some one having an overseas passport needing another form of ID such as a Drivers Licence which may be a stumbling block for some.
Have a read of https://online.justice.vic.gov.au/CA256902000FE154/Lookup/BDMApplication_Forms/$file/DomesticRelationship_ApplyToRegister.pdf and ID requirements are on P3

If you do not have a DL and that presents a difficulty re time, it would not hurt to contact the Registry and explain your situation and ask whether some other form of ID or a statutory declaration would suffice.
https://online.justice.vic.gov.au/C...hips?OpenDocument&1=30-Relationships~&2=~&3=~ gives information about getting a certificate.

If you find you can register and want to proceed, then I would expect you may still need to provide some evidence of your relationship and contact with DIAC may help in that regard.

If you speak to someone unaware of the new legislation it is on the Immigration site and you could refer them to Australian Immigration - Legislation Change Update

Any time you do get someone who does not know what you're talking about, it always pays to ask if they are aware of the new legislation/regs and if not, if there is someone available who is.

Registering the relationship and proceeding this way is somewhat more pertinent to being done while in Australia.
 

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Discussion Starter · #13 ·
Thanks dorota and Wanderer the information about the relationship registration. But my bf and I decide not to do it as 2-3 years we will get married.

We're preparing all the doc. Today just mail my police check form and print out our photos which are about 6x... seems to be a lot! I will write down when where who at the back of each photo.

And just find out my application must be in HKD as I will apply offshore.
 
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