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Discussion Starter · #1 ·
Hi all, my girlfriend and I are currently filling out the application forms for Subclass 309.

Our history is:
- Met in Australia and began living together in Oct 2007
- Lived together for 1 year 3 months
- Girlfriend left for Jakarta in Jan 2009 but has stayed ever since due to overstaying her 3 months visa by one day
- We have been emailing, calling each other since Jan 2009 and I have visited twice
- So far we have been together for 2.5 years

My question is... Can we still apply for defacto considering we have not been living together 12 months prior to submitting the application form??

I have lots of other questions but will ask these later, I am really finding filling out these applications extremely tiring, especially since my girlfriend is over see now. Anyone else feel it was too big at times??

Thanks heaps in advance.
 

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I take it that your GF is the one who needs the visa? If so yes she can aply being sponsored by you. You will have to strongly support a claim that the relationship is a continuing one as she lives overseas. So show your emails and details of your visits to her etc. Can you get supporting statements form Australians attesting to their knowledge of your living together also.

Cheers

Christopher McGrath
McGrath Migration Lawyers
 

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Discussion Starter · #3 ·
I take it that your GF is the one who needs the visa? If so yes she can aply being sponsored by you. You will have to strongly support a claim that the relationship is a continuing one as she lives overseas. So show your emails and details of your visits to her etc. Can you get supporting statements form Australians attesting to their knowledge of your living together also.

Cheers

Christopher McGrath
McGrath Migration Lawyers
Thanks for the quick reply. We have lots of emails and I have visited her twice in the last year and took photos. The statements our friends wrote we were living together during her stay in Australia.

One more question, with the proof of say joint gym membership, how many bills would be recommended to show them??

Same with the emails, how many is a good amount??

Also im going to order bank statements for the past 2 years, it is going to cost me $4 per month, is there some other way they have to legally provide them for free?

Thank you very much in advance.
 

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Thanks for the quick reply. We have lots of emails and I have visited her twice in the last year and took photos. The statements our friends wrote we were living together during her stay in Australia.

One more question, with the proof of say joint gym membership, how many bills would be recommended to show them??

Same with the emails, how many is a good amount??

Also im going to order bank statements for the past 2 years, it is going to cost me $4 per month, is there some other way they have to legally provide them for free?

Thank you very much in advance.
For a defacto relationship you must show evidence of a 12 months relationship, not just boy/girlfriend relationship. More is better. Re the bank statements, Westpac allow you to get statements on line for the last 7 years. So if you are with that bank, no problem, not sure about the others. No one can tell you when you have sufficiant documents, but in your case, because of the seperation, the more the better. Your friends statements need to be statutory declarations. You can use form 888 for that purpose and make sure your friends provide documents to shoe they are Australians.

Best regards,
 

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Despite Chris's sense of optimism for your Gf making an application for the partner 309 visa Steve, my view and admittedly not that of an agent or a migration lawyer is that you're well short of the requirements for her to get one granted.

Have a good read of the eligibility section of the visa, including the links on 12 month relationship and Commonly asked questions there.
Booklet #1 is also a good read.

I would think about the only partner type Visa that she may be able to get would be the Proposed Marriage 300.
 

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Hey Steve,

I understand what you mean about the application process being too big. My partner and I haven't started ours yet, but I know it's going to be a loooong and stressful process. But, you just gotta hang in there and treat it like a work project by ticking off small tasks one by one.

About the number of e-mails and bills to include, I guess it depends on what exactly you want to show or prove. I don't think that you need to show them every single bill, but maybe if you show ones with a lot of regular payments, especially if they were to joint acccoutns or for joint activites, that's better than a whole heap with just a few entries. With e-mails, I've read on this froum that some have used shots of e-mail boxes and Facebook pages as a way around a pile of printed e-mails.

If you still need guidance, look for posts by elkitten, as she had a very hard time getting her appliction together, but got it in the end and taught us a lot from her excperience.

And about the bank statements, I don't know which bank you are with, but if you apply for internet banking you can access a back catalogue of past statements up to 5 to 7 years previoulsy for free. You can search and print to your heart's content. I'm with Commonwealth, but I'm sure all the other Aussie banks offer the same services.

Hope this is useful :)
 

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Discussion Starter · #7 ·
Hey Steve,

I understand what you mean about the application process being too big. My partner and I haven't started ours yet, but I know it's going to be a loooong and stressful process. But, you just gotta hang in there and treat it like a work project by ticking off small tasks one by one.

About the number of e-mails and bills to include, I guess it depends on what exactly you want to show or prove. I don't think that you need to show them every single bill, but maybe if you show ones with a lot of regular payments, especially if they were to joint acccoutns or for joint activites, that's better than a whole heap with just a few entries. With e-mails, I've read on this froum that some have used shots of e-mail boxes and Facebook pages as a way around a pile of printed e-mails.

If you still need guidance, look for posts by elkitten, as she had a very hard time getting her appliction together, but got it in the end and taught us a lot from her excperience.

And about the bank statements, I don't know which bank you are with, but if you apply for internet banking you can access a back catalogue of past statements up to 5 to 7 years previoulsy for free. You can search and print to your heart's content. I'm with Commonwealth, but I'm sure all the other Aussie banks offer the same services.

Hope this is useful :)
Thanks, yeah that's what I did with the emails, took screenshots then added about 4 samples from each year.

With the bank statements I just spent $88 ordering print outs! St George internet banking on goes back 3 months, I called up and she said they cant provide the statements in electronic format....stupid, might call up and try to bargain.

With this process I think the hardest part is not knowing exactly what to do, if I re did everything I have done so far it would probably on take a week.

Thanks for your advice, you will see alot more of me around here :)
 

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Discussion Starter · #8 ·
Also dose anyone know with the Subclass 309 visa, do I submit the application in Australia or Indonesia, my GF will be offshore at the time.
 

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Also dose anyone know with the Subclass 309 visa, do I submit the application in Australia or Indonesia, my GF will be offshore at the time.
As Chris indicates, if someone is overseas it is an offshore visa and you just need to keep remembering that you're the sponsor and she is the applicant.
You can help her all you like but she has to sign the application.
One benefit of it being applied for overseas is that the fee is about $800 less than an onshore application.
 

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Hi Steve,

And be prepared to strongly support your application as they are skeptical about females applying to come to Australia to marry, many applications are refused if the Embassy has not been convinced the relationship is genuine.

Cheers
Chris McGrath
Migration Lawyer
Chris
 

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Discussion Starter · #12 ·
Proving relationship is genuine

You have me worried about this. But, the relationship is as genuine as it could be, I have nothing to hide.

I have provided evidence we
- Email and call each other daily. (screen shots, phone bills)
- Have visited her twice since she has been away (photos, stat decs and receipts)
- 4 x Stat decs declaring we lived together and I have visited her (Friend, boss, dad and uni freind)
- Receipts of shared expenses (car, gym, hotels, travel, phone bills, internet)
- Letters addressed to my house with her name.

Is this enough or are they really strict? The main thing we don't have is a shared bank account or rent (as we lived at my parents) but my dad declared that we did not pay rent.

So what happens with us, we lived together for 1.5 years, but now she has been in Indonesia for the past year... Isn't it still a relationship if we maintain contact?

Thanks in advance everyone.
 

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Discussion Starter · #13 ·
Also, my friends all know my girlfriend very well, I could get up to 5x more stat decs declaring we lived together and I have visited and maintained contact while she is away.

This would bring the total to 9, I know this is excessive but if I cant prove the relationship is genuine with the documents I have its ridiculous.
 

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You have me worried about this. But, the relationship is as genuine as it could be, I have nothing to hide.

I have provided evidence we
- Email and call each other daily. (screen shots, phone bills)
- Have visited her twice since she has been away (photos, stat decs and receipts)
- 4 x Stat decs declaring we lived together and I have visited her (Friend, boss, dad and uni freind)
- Receipts of shared expenses (car, gym, hotels, travel, phone bills, internet)
- Letters addressed to my house with her name.

Is this enough or are they really strict? The main thing we don't have is a shared bank account or rent (as we lived at my parents) but my dad declared that we did not pay rent.

So what happens with us, we lived together for 1.5 years, but now she has been in Indonesia for the past year... Isn't it still a relationship if we maintain contact?

Thanks in advance everyone.
Steve, this is one of those cases that could go either way and though Chris expressed some confidence in you application succeeding, my words and suggestion for a PMV were based in part on the 12 months relationship requirement.

Whereas you yourself used the words of " prior to applying " but uou left one out and that was " immediately ".
Have a read of Australian Immigration Fact Sheet 35. One-Year Relationship Requirement and you''ll get whay I said what I did.

Chris also indicates that Immi can be sharp on looking at applications for Indonesians and so you'll only need one of two things to happen to see your application refused - the assessment officer going by the book or even with one sympathetic to your situation, a supervisory person up the line a bit reading the riot act on the regulations.

Very clearly you may have had a defacto relationship but now you have a long distance romance.
 
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