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Discussion Starter · #1 ·
Really hope someone can give me some advice!
I'm from the UK and am currently living in Sydney. I arrived on 20th Jan 2009 I'm on my 2nd year holiday/working visa which expires on Jan 19th 2011.

I met my boyfriend (australian) in March 09 and we moved in together Feb 10th 2010.

My question is - I understand I can't lodge my application for a defacto visa until we've lived together a whole year so what happens between the 19th Jan - Feb 10th?? Do I have to leave the country and come back on a holiday visa? Is there anything I can do as I'm self employed so really need to work? We've been together over a year and a half (and would nearly be 2 years by Jan 2011) so can this be taken into account? I basically really need to work whilst on the bridging visa. Is this possible?

Be grateful for some advice.

Thanks
Rosie
 

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You can now in NSW get a relationship registration which you should stand a chance of getting - check with Births Deaths and Marriages for NSW.
Getting that done will waive the 12 months relationship requirement when you apply for a defacto visa but you'll still need to show evidence of a relationship.
Check out all details in the Immi partner visa eligibility section, the application section Checklist and Booklet#1 including all links.
A sticky thread above by elkitten may also help you.
Getting the partner visa application in before your WHV expires will see you get a bridging visa that should give you the same conditions as for your WHV.

If you cannot get registration, some people do take a short trip abroad near end of their WHV and return on an ETA as that will not have a NO Further Stay condition and thus when you get the 12 months up you can then apply.
However, there'll then be no legal working provided on the ETA nor on a bridging visa.
 

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I queried the whole having to have been living together for 12 months requirement with a number of agents as the booklet and the website state: "They had been living together or had not been living together separately and apart on a permanent basis." 2 out of 3 said you MUST be living together while 1 person said no!!! i have found this very irritating and confusing as it does not specifically state that anywhere so I had a friend who works for a government dept investigate this for me an he confirmed that you do not have to be living together for the 12 months once you can prove that you were is a DeFacto relationship for a 12 month period. In part 6 of the booklet#1 it says "generally, you should be living with your partner in a spouse or defacto relationship at the time you apply for a visa." it does not state that you HAVE to be.
 

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I queried the whole having to have been living together for 12 months requirement with a number of agents as the booklet and the website state: "They had been living together or had not been living together separately and apart on a permanent basis." 2 out of 3 said you MUST be living together while 1 person said no!!! i have found this very irritating and confusing as it does not specifically state that anywhere so I had a friend who works for a government dept investigate this for me an he confirmed that you do not have to be living together for the 12 months once you can prove that you were is a DeFacto relationship for a 12 month period. In part 6 of the booklet#1 it says "generally, you should be living with your partner in a spouse or defacto relationship at the time you apply for a visa." it does not state that you HAVE to be.
I would think that if anyone who did not have a 12 months relationship claimed to meet the requirement because there is no clear indication of 12 months together being a " must " requirement they would be on precarious ground.
It is no surprise that there is some variation of wording between various areas of Immi information but whereas the Booklets are a guide, and the Immi site eligibility sections are not the ver batim regulations I would tend to accept the latter.
Start with http://www.immi.gov.au/migrants/partners/partner/309-100/eligibility-defacto.htm and read the 12 months requirement link very closely and you'll find phrases like
What is the relationship requirement?
Applicants seeking to demonstrate a de facto relationship with their partner must provide evidence that, for the period covering at least the twelve months before the visa application is lodged:
And in particular
•they live together (or do not live separately and apart on a permanent basis).
Living together
Living together is regarded as a common element in most on-going relationships and is one of the criteria prescribed in the Migration Regulations. Partners who are currently not living together may be required to demonstrate a high level of proof that they are not living separately and apart on a permanent basis.
So whilst it is acceptable and normal that some people will spend time apart for various reasons, they need to be strong reasons and not just something I suspect like I could not be in Australia because of visa limitations.
Go on and have a read of the CAQ and you will find significant examples.

I would further suggest that if people want to try and push the boundaries of the envelope that they do so in full knowledge they will risk forfeiting their application fee.
 

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Discussion Starter · #5 ·
de facto

Thank you so much for that advice - it really helped. Would you recommend getting a lawyer to help with the process? I'm pretty organised and have read and researched a fair bit. Wasn't sure if a lawyer would be an advantage or an unnecessary expense?
 

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Thank you so much for that advice - it really helped. Would you recommend getting a lawyer to help with the process? I'm pretty organised and have read and researched a fair bit. Wasn't sure if a lawyer would be an advantage or an unnecessary expense?
Most people who frequent forums Rosie take the DIY approach and some even ask about stuff though they are already using an immigration agent, some perhaps not having the time to go through all the detail.
The fees charged are not cheap and will roughly double the cost of a visa even though you'll still need to collate all the documents and supporting information yourself.
If you are an organised person and do not have a problem understanding information like all that in the eligibility and applying sections where there is a great Checklist and use that in doing an application, you should not have a problem.
A lawyer/agent is not going to change whether you will be eligible or not and in fact posters here have even reported how agents have caused problems for them [ most likely agents overseas ].
 

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According to my immigration agent, if you can demonstrate a legitimate reason as to why you were unable to be living together for the full 12 months then im pretty sure that waivers it, but again with most things, it's easier said than done
in the context of
Partners who are currently not living together may be required to demonstrate a high level of proof that they are not living separately and apart on a permanent basis.
If anyone was going to accept the advice of an agent advising that, it might be prudent to request what they see as a legitimate reason!
 

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You can now in NSW get a relationship registration which you should stand a chance of getting - check with Births Deaths and Marriages for NSW.
Getting that done will waive the 12 months relationship requirement when you apply for a defacto visa but you'll still need to show evidence of a relationship.
Check out all details in the Immi partner visa eligibility section, the application section Checklist and Booklet#1 including all links.
A sticky thread above by elkitten may also help you.
Getting the partner visa application in before your WHV expires will see you get a bridging visa that should give you the same conditions as for your WHV.

If you cannot get registration, some people do take a short trip abroad near end of their WHV and return on an ETA as that will not have a NO Further Stay condition and thus when you get the 12 months up you can then apply.
However, there'll then be no legal working provided on the ETA nor on a bridging visa.
Hi Wanderer,

So, is it official that the NSW register will waive the 12 month relationship requirement for defacto couples? Where did you find the information? It would help my situation immensely!

Thanks, Emma
 

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Hi Wanderer,

So, is it official that the NSW register will waive the 12 month relationship requirement for defacto couples? Where did you find the information? It would help my situation immensely!

Thanks, Emma
It has been a little bit indirect the way it has occurred Emma and whereas on NSW Registry of Births Deaths & Marriages it indicates that negotiations with the commonwealth were occurring, about a month or so back another of the forum members who had been sweating on the DIAC acceptance for NSW to occur did post that it had happened.
I checked the Immi site at the time and whereas on Australian Immigration Fact Sheet 35. One-Year Relationship Requirement the reference in the waiver section had previously mentioned specifically the ACT, Tasmania and Victoria that was changed to as it is now
•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
which is a tidier way for DIAC to cover any state/territory that legislates for partnerships.

I've suggested to NSW that they update their own reference and if you want to check in person, you could ring Immi but it would seem pretty sure that any registrations under state legislation is now being accepted.
 

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Discussion Starter · #11 ·
health/police checks when applying for defacto visa

Hi,

I'm a U.K citizen currently applying for a defacto visa here in Sydney (Subclass 820 - partner, temporary)

I have read on the immi.gov website that 'usually a medical is required' but is only valid for 1 year and the assesment of my visa application may be delayed longer than the 12 months. My question is do I need to get this done before I apply or I can I wait till I am asked??

On the website it states a number or reasons why you need a medical e.g visit nursing homes, hospitals, schools. I do not apply to any of these. I also remember once being told by somebody who was also applying for the same visa , were never asked.

Be great if somebody knows the answer!

Thanks
 

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Hi Rosie,

A lot of people would advise 'pre-loading' an application i.e. doing the medical and handing it in when they first apply. But, as you indicated in your post, they are only valid for 12 months from the time they are done, so that means the visa has to be processed and the application must enter Australia before the 12 month anniversary of the health check. Some people want to remain for a few months to tie up everything before the move to Oz, so you may want to consider that if that's your plan.

It's best to ask the DIAC office that you intend to apply through. All DIAC offices differ worldwide, so getting an answer from the horses mouth is better. In my case, I'm here in Seoul, South Korea, and they advise doing medicals when requested by the case officer handling the application.
 

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The wording in the Health Requirement section of the Immi site uses words such as may be required, most for a permanent/eventual permanent visa will be, you may do an examination prior >>>>> then defaults to " follow what is indicated in the application "
Health Requirements for Visa Applicants
And about all that is mentioned is at Item 85
If already undertaken, you should include results of your health and character checks
There has been a few posts recently re advice of applications processing taking longer and that will always be somewhat variable, Immi staff in Australia quite possibly assigned other duties re assessments of asylum seekers etc.

I fall into the camp of not being a lot and usually from recall suggest to all people that there is not much to be gained and in your situation with an application submitted prior to end of your WHV you should get a bridging visa and can continue your self employment.
It may even be that because you have been here for two years and if you have not been anywhere else, you may get into that lot of not " most " and not be required to take a medical.
Quite possibly though that a backside covering approach is taken and you get asked for one.

So like a lot of things there is no real Yes/No answer.
 

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Discussion Starter · #14 ·
Many thanks for your reply. I do have a medical app booked for tomorrow but I have a feeling that I should cancel it. It's another expense of $303 which as you say I may not even be required to have it. I'm thinking about submitting everything else and then wait to hear if they need me to get it done. Would you suggest this is good idea?

Thanks
 
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