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Discussion Starter · #1 ·
I am currently on a 457 visa and sponsored by the company I work for. I am not happy in my role and want to change but finding a role and a company that can transfer my sponsorship is proving hard. Further to this I have been with my same sex partner now since September last year who is an Austrlalian citizen and we are living together.

We want to apply for a de facto visa but this won't be possible until the 12 month requirement is met, however I have read various things that state that if we register our relationship (we are in NSW) this could speed the process up. We also have just opened up a joint bank account.

Can anyone please advise on what we can do in this situation? YOur help would be really appreciated!
 

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Hi Wilberforce -

Yes, registering the relationship (is possible in NSW w/30-day wait) will waive the 12 month living together rule for the defacto partner visa, however DIAC will still look at the entire relationship, especially the last 12 months, to determine whether it believes the relationship is genuine. The key to establishing this is lots of great relationship evidence and statements from friends, family etc to establish the relationship - generally the more living-togther before an application the better, especially when it comes to defacto where DIAC takes a close look at things usually.

I recommend you investigate all the details of the defacto-based partner visa application if you're interested in this - you can do this by yourself with the resources available at the immi.gov.au website, or you can engage a registered migration agent to prepare the application for you and advise on evidence and statements. But either way, make sure you really look at the relationship evidence requirements as most defacto applications will succeed or not based on this.

Please advise if I can provide any additional info -

Best,

Mark Northam
 

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Hi there.

I have been living with my boyfriend since May 2012 and just got approved in 2 weeks for my 820.

We registered our relationship with NSW births, deaths and marriages which waives the 12 month requirement. I would supply solid evidence of your relationship being genuine - lease, joint bank acc, highlighted ind bank accs, things addressed to you both, email inbox screenshot, Facebook timeline and photos are what I included in my application.

Good luck :) let me know if you want more help!
 

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Discussion Starter · #5 ·
Hi Coral2013

Thanks for your post. I don't have a lease as it is his place that I live in. My mobile phone and bank account are registered there though. We of course have photos have been on trips in Australia (shared car hire etc) which I guess might help.

When did you register your relationship with NSW and how soon after that did you apply for the 820? Did you use an immigration lawyer?

I can't believe that it only took 2 weeks! I have been reading that it takes 13 months to get it processed.

Your advice is REALLY appreciated!
 

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Thanks Mark!

Yes all of that's good, but I think it's the more official things they want to see - financials and correspondance over photos which aren't as valuable to them.

I registered my relationship in October/Nov, lodged in person at Sydney on 21 December and was approved on 4 Jan! I spent about 3 months prepping the application and did not use an agent. It was stressful but now it's oh-so worth it!

Highlighting things on your personal statement will do for groceries, trips away and gifts.

TBH my application was quite basic - I had 2 stat decs from friends and the basic of everything else. From what I know, actually giving them 50 photos and 10 stat decs works against you. Simple and concise is the way forward. Boyfriend's sister has a British boyfriend and his took a few days to be approved in 2011.
 

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Discussion Starter · #7 ·
Thanks Coral2013... When you say you kept it to the basics what do you mean? How many copies of letters etc did you provide? Did it need to be over a certain period of time? How many photos did you put in?

Sorry for the mountains of questions but I am trying to work out everything as much as I can. Why did it take 3 months to get everything together? It costs a lot of money to apply and I don't want to be refused and lose the money!
 

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I think when you've registered the relationship you don't need documents over a huge period of time, mine was about 6 months worth.

I mean I only submitted 6 photos and 2 stat decs. It took 3 months because the relationship registration takes about 5 weeks and then filling out forms, certifying docs and having them witnessed, police checks for UK and Aus, writing the stat decs all take longer than you think. I paid extra to have my UK police check done in 2 days but with postage etc the whole thing took about 3 weeks. Have a look at the 820 checklist and work out everything you need to do...http://www.immi.gov.au/migrants/_pdf/820-801-checklist.pdf
 

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Discussion Starter · #9 ·
Brilliant!

What kind of info needs to be on the stat dec that I write... How long should it be? I assume that two friends need to then write stat decs about our relationship also.
 

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how, when and where you first met
how your relationship developed
when you decided to marry or to start a de facto relationship
your domestic arrangements (how you 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 you maintained your relationship during the period of separation)
your future plans.

You can write it on normal paper and have it witnessed or do a formal statuary declaration form which is better...read the booklet for more info, it's def worth doing everything properly and checking everything lots of times.

Partner Migration Booklet
 
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