Australia Forum banner
Status
Not open for further replies.
1 - 9 of 9 Posts

·
Registered
Joined
·
3 Posts
Discussion Starter · #1 ·
Hi,

My boyfriend and I have been together since Dec 2009, he is Australian and I am Canadian. We have been living together on and off in the past year and are now living in Canada, working towards getting our de facto visa for me to me move to Australia.

The main question we have is how early can we apply to get the visa?

Here is our situation:
I lived in Australia for 10 months of which my boyfriend and I were dating, but not living in the same house. I then had to move back to Canada due to my visa running out, and came back to Australia 5 months later and lived with him for a month and a half. We then had a separation of another 3 months in which he was travelling, which leads us up to now. My boyfriend is now living with me in Canada. We want to move back to Australia as soon as possible, but know that we need 12 consecutive months of living together in order for our visa to be approved. However, since it takes up to 3 months for the visa to be processed, can we apply up to 3 months early? Or would me living in Australia count as part of our 12 months?

If anyone could help or give us some tips, we would really appreciate it!
 

·
Registered
Joined
·
59 Posts
Hi,

My boyfriend and I have been together since Dec 2009, he is Australian and I am Canadian. We have been living together on and off in the past year and are now living in Canada, working towards getting our de facto visa for me to me move to Australia.

The main question we have is how early can we apply to get the visa?

Here is our situation:
I lived in Australia for 10 months of which my boyfriend and I were dating, but not living in the same house. I then had to move back to Canada due to my visa running out, and came back to Australia 5 months later and lived with him for a month and a half. We then had a separation of another 3 months in which he was travelling, which leads us up to now. My boyfriend is now living with me in Canada. We want to move back to Australia as soon as possible, but know that we need 12 consecutive months of living together in order for our visa to be approved. However, since it takes up to 3 months for the visa to be processed, can we apply up to 3 months early? Or would me living in Australia count as part of our 12 months?

If anyone could help or give us some tips, we would really appreciate it!
As far as I know (but do some research on the immi website in the defacto visa section) they say something like 'you must have been living together for 12 months at the time of submitting your application'.

Yep, here it is...

Relationship
The main applicant must:

•Be in a "genuine, continuous de facto relationship" with the sponsor, and have been for the 12 months prior to an application;
•Have an exclusive relationship with the sponsor;
•Be living together or living apart only temporarily;
•Provide evidence of the history of a de facto relationship for at least 12 months prior to the application.

And of course by de facto they mean living together
 

·
Registered
Joined
·
3 Posts
I don't know where in Aus your partner is from but i think if you are in some states inc. NSW and VIC then you can register your relationship with the state governing body (lots of threads on here re that) and get a cert and you maybe able to use this to help you waiver the 12 months consecutive living together thing. Obv you will still need lots of other evidence too.
This is what i'm planning to do.

Tina
 

·
Premium Member
Joined
·
440 Posts
Hi,

My boyfriend and I have been together since Dec 2009, he is Australian and I am Canadian. We have been living together on and off in the past year and are now living in Canada, working towards getting our de facto visa for me to me move to Australia.

The main question we have is how early can we apply to get the visa?

Here is our situation:
I lived in Australia for 10 months of which my boyfriend and I were dating, but not living in the same house. I then had to move back to Canada due to my visa running out, and came back to Australia 5 months later and lived with him for a month and a half. We then had a separation of another 3 months in which he was travelling, which leads us up to now. My boyfriend is now living with me in Canada. We want to move back to Australia as soon as possible, but know that we need 12 consecutive months of living together in order for our visa to be approved. However, since it takes up to 3 months for the visa to be processed, can we apply up to 3 months early? Or would me living in Australia count as part of our 12 months?

If anyone could help or give us some tips, we would really appreciate it!
Hi There,

unfortunately this visa works based on the date it was submitted and not the date its considered and approved. they generally take up to 9 months so most people would if they could apply early to be approved after the 12 month period - this is however not correct.

You have the option of registering your relationship in the state which waivers the 12 month policy however from what I understand is a minimum of 6 months living together is required even with a relationship certificate.

Cheers,
Dylan
 

·
Registered
Joined
·
3 Posts
Discussion Starter · #5 ·
Hi There,

unfortunately this visa works based on the date it was submitted and not the date its considered and approved. they generally take up to 9 months so most people would if they could apply early to be approved after the 12 month period - this is however not correct.

You have the option of registering your relationship in the state which waivers the 12 month policy however from what I understand is a minimum of 6 months living together is required even with a relationship certificate.

Cheers,
Dylan
Thanks for your answer! We have looked into that relationship certificate and it says you must be living in certain states. My boyfriend is from QLD but we were planning on moving to NSW once we return. Any idea if that would work as to using to NSW relationship certificate? Or if you have been able to find one for QLD? Thanks again :)
 

·
Registered
Joined
·
93 Posts
I've had my relationship registered in NSW and you have to prove that your boyfriend lives in NSW to get the register. Then you wait a month for the certificate to come through and you would then submit your defacto application with your certificate. Even with the certificate I would still wait until you had been living together for at least 6 months continuously before you submit your application just to be on the dafe side.

I don't think you would be able to apply for the register from Canada or are you planning on coming to Aus and living together with you on a tourist or WHV?
 

·
Registered
Joined
·
3 Posts
Discussion Starter · #7 ·
Oh no I wasn't aware that we had to be in Australia to apply. Makes sense though! Thanks for letting us know. Do you know if there is anything like that in Canada which would allow us to apply early in Australia? I have been looking but haven't found anything yet, assuming there isn't but thought I'd ask anyways. Thanks for your reply!
 

·
Registered
Joined
·
93 Posts
Oh no I wasn't aware that we had to be in Australia to apply. Makes sense though! Thanks for letting us know. Do you know if there is anything like that in Canada which would allow us to apply early in Australia? I have been looking but haven't found anything yet, assuming there isn't but thought I'd ask anyways. Thanks for your reply!
I don't think there is sorry - A friend of mine was looking for something similar in the UK but nothing there either - boo!
 

·
Registered
Joined
·
34 Posts
Hey guys :)

This info is really helpfull as I am experiencing a similar problem! I am currently looking into the 12 month De Facto Waiver - getting the relationship registered under the state of NSW, as I fall short of the condition by a couple of months! My WHV expires towards the end of Sept 2011 and my partner and I have lived with one another since Dec 2011.

It would be interesting to find out if anyone else has a similar issue or has gone down this route?

Thanks! :)
Li
 
1 - 9 of 9 Posts
Status
Not open for further replies.
Top