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Discussion Starter · #1 ·
Hi all

I've been reading the forum for a few months now and all the advice I have seen here has been very helpful. This is my first post.

We applied for my partner visa (309) on 13/2/18 and 2 weeks later on the 27/2/18 we were contacted by our CO asking for more evidence, along with medical and police check. Police check is back but I had to give 28 days notice to take annual leave from work, so my medical is booked for 26/3/18 - I know it's tight but the clinic said they will usually be able to upload their info the following day. I now realise that the day we received the email counts as day one ... this means 26th is also our deadline day!

Now I'm panicking that we are going to miss it and our application will be automatically rejected. Everything else is ready to be uploaded but I doubt the clinic will upload the medical outcome on the same day. If I email the CO and explain, do you think this will be sufficient for them to still consider our application once the medical has been added? Any advice would be appreciated - thank you!
 

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Hi all

I've been reading the forum for a few months now and all the advice I have seen here has been very helpful. This is my first post.

We applied for my partner visa (309) on 13/2/18 and 2 weeks later on the 27/2/18 we were contacted by our CO asking for more evidence, along with medical and police check. Police check is back but I had to give 28 days notice to take annual leave from work, so my medical is booked for 26/3/18 - I know it's tight but the clinic said they will usually be able to upload their info the following day. I now realise that the day we received the email counts as day one ... this means 26th is also our deadline day!

Now I'm panicking that we are going to miss it and our application will be automatically rejected. Everything else is ready to be uploaded but I doubt the clinic will upload the medical outcome on the same day. If I email the CO and explain, do you think this will be sufficient for them to still consider our application once the medical has been added? Any advice would be appreciated - thank you!
I don't think it will be automatically declined.

By the way, do you require to do medical test within 28 days by CO?
 

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Don't stress. Just upload proof of your appointment to your immi account.

In Florida, the nearest place to me was booked for 3 months. I only got in about a month into waiting because someone cancelled an appointment. I had made my appt for my medical without a CO request or deadline but I'm just using it as an example. If it was requested, there wouldn't have been a way for me to get it in time.

Everyone is given a timeframe to reply. As long as you've started the process of acquiring what was requested and let them know in that 28 day timeframe, you'll be fine.

Now ignoring the requests and not communicating back whether with what was requested or that you are making an effort to get them, that's another story. They'd probably make a decision at that point if they've tried contacting you and there was no response.

So no stress! Just upload proof of your appt and they'll know when to get back to your case. I think there may even be an upload category for "proof to obtain medical clearance" or similar.

Edit: This happens all the time, more often with police checks.
 

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Discussion Starter · #4 ·
I don't think it will be automatically declined.

By the way, do you require to do medical test within 28 days by CO?
Thank you, Harry - the email just stated that we had 28 days to respond, then listed the additional information required:

more evidence of de facto;
police check for sponsor (which he had already applied for);
police check for me[
medical.
 

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Discussion Starter · #5 ·
Don't stress. Just upload proof of your appointment to your immi account.

In Florida, the nearest place to me was booked for 3 months. I only got in about a month into waiting because someone cancelled an appointment. I had made my appt for my medical without a CO request or deadline but I'm just using it as an example. If it was requested, there wouldn't have been a way for me to get it in time.

Everyone is given a timeframe to reply. As long as you've started the process of acquiring what was requested and let them know in that 28 day timeframe, you'll be fine.

Now ignoring the requests and not communicating back whether with what was requested or that you are making an effort to get them, that's another story. They'd probably make a decision at that point if they've tried contacting you and there was no response.

So no stress! Just upload proof of your appt and they'll know when to get back to your case. I think there may even be an upload category for "proof to obtain medical clearance" or similar.

Edit: This happens all the time, more often with police checks.
Thanks for this Skybluebrewer ... police check came back so quickly - 4 days! I don't have proof of my medical appointment as I just called them up on the phone. I will ring them on Monday and see if they will email me a confirmation. Thank you again!
 

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And just because I like to ask just in case... this is through one of the approved panel physicians listed on the website?

And yes, definitely get an email confirmation and just upload that.
 

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Discussion Starter · #7 ·
And just because I like to ask just in case... this is through one of the approved panel physicians listed on the website?

And yes, definitely get an email confirmation and just upload that.
Yes, it's the Edinburgh Clinic in Scotland. Three hours drive from me but I would guess that's not too bad compared with distances in the US.
 

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More evidence of de facto!

Care to expand on what you have supplied? Is it documented to be more than 12 months old?
 

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Discussion Starter · #9 ·
More evidence of de facto!

Care to expand on what you have supplied? Is it documented to be more than 12 months old?
We have been together (committed and exclusive) since 2013, but weren't able to consider applying for a partner visa at that time because of my family situation, and did not think about doing things specifically in order to apply for a visa further down the line. At the start of our relationship he was already in Australia (and is now a citizen) so we have limited evidence such as joint mortgage, bills in both our names, etc. My partner got some advice from one of the support centres in Australia (which of course now we know is not necessarily consistent or reliable) which was that we needn't live in the same country in order to be considered as de facto. We have visited each other several times and last year he was here with me in the UK for 4 months.

We have provided evidence dating back to 2013 of financial aspects (money transfers for joint gifts, holidays, etc), joint car insurance, joint travel, travel with family, social aspects, photos, FB conversations, emails, 888s as well as UK statements, etc. We are obviously light on some aspects and now have been requested to provide more evidence, specifically on the length of de facto relationship.

The wording is as follows:

'Before a decision is made on your application, you are invited to provide further information to show that you are in genuine and continued relationship with your sponsor for at least 12 months prior to lodgement date of your visa application.
After making an initial assessment of the materials you have provided to show that you are in genuine and continued relationship with your sponsor for at least 12 months prior to lodgement date of your visa application, I find that your claims need to be supported with further materials. Therefore, you are invited to consider providing additional evidence in support of your claims.
To assist in deciding your application I must have regard to all of the circumstances of your relationship with your sponsor, including:
- the financial aspects of the relationship
- the nature of the household
- the social aspects of the relationship
- the nature of your commitment to each other.'


So we have gathered more evidence including next of kin and pension beneficiary information, more financial and nature of commitment evidence. It's difficult getting something to nail on that date of the start of relationship tho because of our circumstances at that time. PMV might have been easier - an expensive lesson.

I have seen the link you have posted previously to the thread about the onshore partner visa being refused and it had some similarities to our situation :( Sorry for the long post.
 

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You need to nail that 12 month thing, as you know dating does not count.

Next of kin and pension should hold good weight, how long do they go back?
 

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Definitely do your research on evidence examples in this forum for both 820/801 and 309/100 visas and find anything and everything you can to prove de facto for the last 12 months! They'll refuse you if you don't.
 

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Discussion Starter · #12 ·
Well that's another thing ... my next of kin notification is on our employee extranet and is not date stamped. Pension isn't a year either ... we didnt have the foresight to start putting things in place in advance and have really only been in a position to apply in the last year or so because of my family circumstances. My partner has been so confident from day one - me ... not so much. I will keep trawling the forum for ideas of extra bits and pieces.
 

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There would have to be a way to extract the next of kin entered date, is work IT helpful?

Is your partner currently in Australia? Can they register the relationship (but might not be enough time)?
 

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Discussion Starter · #15 ·
Thanks ampk - I will try IT.

He's in WA - from what I have read I don't think registering counts there.
 

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We have been together (committed and exclusive) since 2013,

** that's 4-5 years, there will be something - just need to find it!

but weren't able to consider applying for a partner visa at that time because of my family situation,

** are there any emails or anything of partner visa applications over a year old? or family situation that places you in a relationship?

and did not think about doing things specifically in order to apply for a visa further down the line.

** Not the Lone Ranger here, most of us fall into this problem.

At the start of our relationship he was already in Australia (and is now a citizen)

** any declarations of being in a de facto relationship for citizenship?

so we have limited evidence such as joint mortgage, bills in both our names, etc.

** Not uncommon.

My partner got some advice from one of the support centres in Australia (which of course now we know is not necessarily consistent or reliable) which was that we needn't live in the same country in order to be considered as de facto.

** Was this more than a year ago? they keep notes on file.

We have visited each other several times and last year he was here with me in the UK for 4 months.

** Any travel insurance? On your visits (only interested in over a year ago from application date) did you list his address as your place of stay in Australia and/or his contact number?

We have provided evidence dating back to 2013 of financial aspects (money transfers for joint gifts, holidays, etc),

joint car insurance,

** When was this?

joint travel, travel with family, social aspects, photos, FB conversations, emails, 888s as well as UK statements, etc. We are obviously light on some aspects and now have been requested to provide more evidence, specifically on the length of de facto relationship.


So we have gathered more evidence including next of kin and pension beneficiary information, more financial and nature of commitment evidence. It's difficult getting something to nail on that date of the start of relationship tho because of our circumstances at that time. PMV might have been easier - an expensive lesson.

** you don't need it to 2013 only more than 12 months.

I have seen the link you have posted previously to the thread about the onshore partner visa being refused and it had some similarities to our situation.

** I post those so others don't have the same problems, many don't like to hear the reality - but other listen and learn.

:( Sorry for the long post.

** Many of us are here to help if we can.
 

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Discussion Starter · #18 · (Edited)
Thank you for your reply ampk. My partner did not declare our de facto relationship for getting his citizenship - this happened shortly after his visit in 2013 and we didn't really think about it back then. We knew it was going to be quite a few years before we could apply for a visa, my daughter was about to become a single teen mother in some difficult circumstances and I didn't feel I could leave her at that time.

He contacted the support centre last year but it was less than 12 months ago.

No travel insurance unfortunately. I did use his name and contact number, but only on the customs declaration you fill in on the plane. Also I guess for my tourist visa if an address and number were required for that.

Car insurance was 2013 (3 year lease vehicle) - I have a different car and policy now which he is also on but this was only March 2017. I don't have the documentation for 2013 (every other one for the last 10 years probably, but typically not the one I desperately need!). The insurance company say they cannot re-produce previous documentation but did give me the date that he was added. I am going to try again tomorrow with them - even if they can email me a screen shot of their information, it would be something.

This forum has been an excellent source of information, I just think we have not been smart enough about it. We had already waited so long, but should have hung back and made sure we had absolute concrete evidence for the 12 months. Thank you for your advice, I am certainly thinking about everything you have said and will keep looking.
 
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