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Hi everyone,

My girlfriend and I met in Jan 2017, she lives away from me in Albany on a regional sponsored visa, while i live in Perth.

Her current sponsored visa will require renewal in September 2019, however we are considering applying for a partner 801 onshore visa application by July this year, just in case the fees increase/legislation changes to make it more difficult to apply.

I am a little bit concerned whether we can prove that we are in a genuine de-facto relationship. We have lots of photos to show that we love each other and i have introduced her to my family and friends etc, and I have met her sister (planning to meet her parents next year who live overseas). We have also opened a joint account last month, but haven't really used it yet.

We see each other once a month, either i go visit her, or she will come and visit me in Perth, and I brought flight tickets to NSW to introduce her to meet my family over Christmas.

We plan to get our own rental next year in March 2019, she is going to help me out with rent and living expenses until she can join me in July 2019.

Could we try to apply for a waiver of the 12 month living together requirement?

Any advice is appreciated!

Regards,

Justin
 

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Hi Justin, I have news for you. There is no 12 months living together requirement. The requirement (R2.03) is that you have been in a defacto relationship for 12 months. In SZOXP v Minister for Immigration and Border Protection (2015) FCAFC 69 (11 June 2015) the full court held that there is no requirement that the parties have ever lived together at some time before lodging a partner visa application, in order that a de facto relationship exists.

However, I suggest you seek professional advice. Many case officers are not well trained in assessing applications that are out of the ordinary.
 

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As pointed out by Jeremy ( a Registered Migration Agent) it is a requirement the relationship be more than 12 months (not living together for 12 months).

There is a way to waiver the 12 month relationship requirement for the de facto 820 (820 is what you also apply for when applying the 801) partner visa, but not when you live in WA. But it does not reduce the evidence required in the 4 categories for the 820 to be granted.

It is wise to consult a RMA in your case, it is very likely that the current visa conditions will still need to be meet until Sept 2019 even if you apply for the 820 now.
 

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The relationship section of the portal specifies three key dates;

1. Date committed defacto relationship began
2. Date applicant and sponsor first met
3. Date sponsor and applicant committed to a shared life together at the exclusion of all others.

Am I confused in thinking that both 1 and 3 are the same thing?

For example, my partner and I met here in Australia, she returned to her home country for 6 months, we then met overseas numerous times and were in a committed relationship, then I moved in with her in her home country for 3 months, had a month apart, she moved to Aus and we have lived here since (~1 yr) with a registered defacto relationship since Feb this year... Would our defacto relationship have begun when we lived together in her home country?
 

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1 and 3 are the same date.

It depends, were you in a committed defacto relationship to the exclusion of all others when you lived in her country or were you still dating?

What can you prove as that's the only thing that matters..


"
are not married to each other
have a mutual commitment to a shared life to the exclusion of all others
are in a genuine and continuing relationship
live together or do not live separately and apart on a permanent basis
are not related by family."
 
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